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HomeMy WebLinkAbout1991-04-01 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN April /^ 1991 The Commission of the City of Bozeman met in regular session in the Commission Room Municipal Building, April 1 1991 at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, 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 - March 18 and March 35. 1981 Mayor Hawks deferred action on the minutes of the regular meeting of March 18, 1991, for a period of one week. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regwtar meeting of March 25 1991 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gvehrung, Commissioner Frost' Commissioner Swanson, Commissioner Knapp and mayor Hawks; those voting No none. Decision - proposed 1991 Sidewalk Program This was the time and the place set for the decision on the proposed 1e81 Sidewalk Program. City Manager Wysocki noted that included in the packet was a memo from Director of Public Service Forbes, dated March zo recommending that the Commission approve the |pyl sidewalk program as proposed' with the addition of the two short pieces of sidewalk along South Grand Avenue at its intersection with South Third Avenue, He also noted that several letters were received prior to the Friday noon, deadline for written testimony; and those include: letter from mannie/ L. Traver zxoz Geonr dated March 26; letter from Joe Rund|ett 824 North Third Avenue, and Arleen xzi|ey zo East Tamarack Street, dated March zo; letter from Sylvan Springs Condominiums, dated March 26/ letter from Carol and Robert Gibson, dated March 27; letter from S�t,pham G. Custer, 571 West Spring Creek Drive, dated March m; letter from Donald K. Weaver, 2404 Spring Creek Drive, dated March 29; and letter from Marty Weaver, 2308 South Third Avenue, dated March zu. Mayor Hawks noted the Commission has received considerable written input p to the Friday noon deadline. He then asked if any Commissioners wish to make any changes Vo-01-y1 - 2 - in the program as proposed. Commissioner Frost asked how much shrubbery would have to be removed along East Garfield adjacent to the Sylvan Springs Condominiums if the sidewalk were installed adja- cent to the street. Director of Public Service Forbes indicated he is unable to give a specific response to that question; however he noted that parts of the shrubbery might require a substan- tial amount of trimming. The Director then indicated that his proposal had included five- foot sidewalks for all of the 1991 sidewalk program; however, he noted that if a four-foot sidewalk would be better in this area he would consider it. He further indicated that he will tell the consulting engineer about the various concerns and suggestions that have been raised about this sidewalk, s^ that those can be taken into consideration during the design work for this project. He then reminded the Commission that any costs over one and one- half times the costa of normal installation are to be borne by the City, Commissioner Frost stated he would support a four-foot sidewalk rather than a five-foot sidewalk in this area if it would save the shrubbery. Commissioner Frost then asked if the sidewalk along Arleen xai|ey's parcel at zo East Tamarack Street could be installed along the curb, in an attempt to save the hedge about which she has expressed concern. He noted that he does not like sidewalks along the street; however, in this instance be feels it may be appropriate. The Director noted that she supplied pictures of the snow windrow |aft by street plowing, which illustrate the problem of installing a sidewalk near a curb. City Manager Wysocki noted that he had asked Ms. Kai|ey if she can see to back out of her driveway; and she responded to him that she cannot, He ,hen questioned whether the Commission wants that hedge to remain particularly when peupymau safety is taken into consideration. Commissioner Swanson asked if the Commission had discussed in detail the letter from Pau/ and Mary Brown, which contained the proposal to install sidewalks along the west side of South Third Avenue only, with the residents along the east side of the street bearing the costs of that installation. Mayor Hawks responded that the Commission took the testimony but did not make any comment. Responding to Commissioner 3*anson, Director Forbes stated he feels the proposal forwarded by MSU and the residents along South Third Avenue is an innovative solution, noting that the issue or installing sidewalks no only one aiur of the street was discussed as the Commission developed its sidewalk policy. He noted that the Commission needs to determine that sidewalks on only one side of that street adequately provide for safety of o4-01-81 - 3 - the pedestrian traffic; then he feels that such a proposal can be accommodated. Commissioner Swanson stated he feels the City should accept the plan as submittcd, with the assurance that sidewalks will not be required along the east side of the street for five years. He noted that after [|,e years, the Commission should review the situation and make a determination on whether a sidewalk is needed at that time. Commissioner Frost stated concurrence with that proposal. City Manager Wysocki cautioned that the Commission may not be legally able to re- quire the residents along the east side to pay the costs of installing the sidewalk no the *uoc side of South Third Avenue. He then suggested that the Commission simply include South Third Avenue from Kagy Boulevard to West Grant Street in the 1891 sidewalk pro- gram, and allow the property owners along that street to come in with an agreement for installation along one side on/y. He noted staff can then make the determination of wheth- er that agreement is adequate to ensure that the City can assess the costs of installation against those who are not immediately adjacent to that sidewalk. Commissioner Knapp noted a majority of the public hearing time was spent on im- provements along South Third Avenue from Kagy Boulevard to Graf Street and how those will impact the residents of FigQin, Addition financially. She then stated that she feels the Commission must determine as soon as possible how it plans to address the issue of South Third Avenue; and she feels that decision most be one which is fair and equitable. Commissioner Goahrung stated he feels that many of the questions and issues raised during the public hearing had been contemplated by the Commission during preparation of the sidewalk policy; and the policy was written with enough flexibility to allow those issues to be addressed. He then noted one issue ra!|yod was the painting of crosswalks for the Fairgrounds; and he feels that should be addressed. He noted however, that the other issues raised in relationship to Tamarack 51roct can be addressed under the sidewalk poli- cy. He also noted that the South Third Avenue, Kagy to Grant, issue can also be ad- dressed under the policy. Mayor Hawks stated support for allowing the property vumcrs along South Third Avenue north of Kagy' to work together to install sidewalks along only the west side of the street at this mmu as |v"g as the issue of pedestrian safety is adequately addressmd. He stated that he feels that such an arrangement could curry the assurance that sidewalks would not be required on the east side for five years; however, he could not support a longer tfma frame. The Mayor then noted that three individuals suggested that sidewalks along Langohr and Wemtridqe in conjunction with those to be installed along Arnold Street would provide a natural loop system through Figgins Addition. He suggested that in the interests of oo-nl-o` - 4 - pedestrian safety it may be beneficial to include installation of sidewalks along those two streets in the 1992 program. Commissioner Swanson noted that conversations have centered arpomu public sekgy noting that sidewalks will enhance that safety. He suggested, however, that sidewalks should also be installed in areas where they would promote pedestrian vsu as well as pos- sibly promoting more cycling activity. He rioted that expanded bicycling activities will not only have economic impacts, but will ensure the air quality and quality of life in the area for future generations. Commissioner Knapp noted that the small sections of sidewalk along South Grand Avenue have not been discussed to this point. She then asked if those property owners have been notified, and whether they will have significant impact. Director of Public Service Forbes stated that both property owners have received notice, however, it was for the South Third Avenue side of their properties only. He then stated there is adequate time to provide the legal notification for the installation of those sidewalks and still m=et the July 15 deadline. He further noted that the distances involved are short; therefore, the financial impact will not be dramatic, It was moved by Commissioner Frost, seconded by Commissioner Swanson that the Commission approve the proposed 1991 Sidewalk Program as submitted, with the following revisions and concerns: (1) that those small section, of sidewalk along South Grand Ave- nue at its intersection with South Third Avenue be added to the program; [z) that if at all possiNe, the residents along the east side of South Third Avenue between West Grant Street and Kagy Boulevard included in this program enter into an agreement with Montana State University for installation of a sidewalk along the west side of the street only at this time, with the need for a sidewalk along the east side of the street to be reviewed in five years; and (3) that the Director of Public Service be requested to use discretion in at- tempts to save existing vegetation by adjusting the |nnatipp or the sidewalk whenever pos- sible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Gvehrmng and Mayor Hawks; those voting No, none, Commissioner Gowhrung asked if there is some *my to track issues such as the installation of crosswalks at the Fairgrounds and improvements along South Third Avenue. He then suggested that South Third Avenue be a topic for the next meeting between the City Commission and the County Commission. Commissioner Swanson suggested that the Commission meet with the residents in the area of South Third Avenue as soon as possible to discuss possible alternatives for im- provement of that roadway. He suggested that staff be asked to develop different sccn- ow-o1-91 - 5 - arlos in preparation for that meeting; and then after the meeting with residents, the most acceptable scenario, could be forwarded to the County Commission for diocvooinn- Mayor Hawks stated support for that proposal. He then suggested that the Cwmmissinn review the total sidewalk program, and then review next year's schedule as soon as possible. He noted this will allow everyone involved to prepare for the 1992 Commissioner Swanson suggested that such a proposal be brought back in four to six weeks. Request for permission to conduct CNFR Parade - Gallatin Saddle and Harness Club - Wednesday, June 19, 1991, 2:00 p.m. - start at Fairgrounds, to Ma Street and back to Fairgrounds The City Manager submitted to the Commission e letter from Allan Lion dated March oS 1891 requesting permission to conduct the CNFR Parade at z:vV p.m. on Wednesday June 19, following the established CNFR route. He noted the parade is to begin at the Fairgrounds, to Main Street and back to the Fairgrounds, Mr. Allan Lien extended an invitation for the City Commissioners and the City Manager to join the County Commissioners and serve as judges for this year's parade. He noted that this invitation includes lunch, the parade and an afternoon reception. He then asked the Commissioners to forward their responses to the Clerk of the Commission; and he will gather the information from her. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the request submitted by the Gallatin Saddle and Harness Club for permission to conduct the CNFR Parade, beginning at 2.00 p.m. on Wednesday, June ln and rvl(vw|n8 the established CNFR parade route. The motion carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Knapp' Com- missioner Gpehrung Commissioner Frost and Mayor Hawks; those voting No none. Mayor Hawks reminded the Commission of the M8U Spring Rodeo activities which are upcoming next week. He noted that many of those activities center around Bozeman's bid to retain the CNFa; and that final uo«/aion is to be made in June. Request for i i to address Commission na request for deviations from interim zoni Drdinance for rear and side yard setbacks in neighborhood conservation district - 3C South Bozeman Avenue - Everett Egbert for William Davis City Manager Wysocki presented to the Commission a request submitted by Everett Egbert for William Davis for deviations from Section 18.50,050.F. of the interim zoning or- dinance to allow construction of a detached garage one foot from both the side lot line and the roar lot Un^, Mr. William L. Davis, 307 South, Bozeman Avenue, stated his property Hes within uo-n1-91 _o - the neighborhood conservation district. He noted that the forma/ nnp|icetkm for these re- quested deviations have been submitted to the Design Review Board; however that Board has taken no formal action on the application to date, Mr. Davis stated that under this proposal, he wishes to remove an existing barn and storage shed addition and then construct a three-eta|| garage with o storage area. He noted that the subject property has been in his family since 1944 and gave a brief history of the site and the Montana Power Company easement which traverses it. He noted that the existing buildings have been constructed without foundations; and he has had to shim them up and put diagonal slats on the doors to keep them from dragging vn the ground. Mr. Davis stated that under this application, he wishes to remove those unsafe structures and construct a nice z^-foot by «o-nn^t three-car garage with a storage area on one end. Be stated the structure is proposed to have a gabled roof and ma^onitv siding with metal garage doors. Mr. Davis stated that during discussions on this application, the Design Review Board proposed that the exposure or the siding on the garage match that on the house, uvco though the type of siding is not the same. He indicated that he has no problem with that recommendation, and will use e 4- or 5-Inch siding rather than the original siding be had proposed. He noted that the Board further proposed that the roof be changed from the proposed gabled to n much steeper gabled roof on one end and a flat roof on the other end to create an appearance similar to the existing structure's appearance, Mr. Davis stated this is not a climate for flat roofs; and be is definitely opposed to the DRB rec- ommendation. He also noted that the cost of constructing a flat roof is much greater than the cost of a gabled roof; and he dnva not have the monies to absorb that additional cost, Mr. William Davis stated that he has discussed his proposed plans with most of his neighbors; and they have all stated support for construction of a new garage with a ga- bled roof. Mr. Davis then requested Commission approval of this application, noting that he has upgraded his home which is more than ov years o|d, as much as possible; and he wishes to construct a nice garage to further upgrade the property. Commissioner Swanso�n noted that a drawing is attached to, the staff report suggest- ing that a 10:12 or 12:12 pitch gabled roof be used rather than the proposed 6'12 roof; and further suggesting that wooden I by o's be attached to the doors in a "Y"' to recreate the appearance of the present structure. He then asked if those proposals are acceptable to the applicant. Mr. Davis responded that he put the "V" strips on each of the doors in the exist- ing garage to keep the doors from sagging too much. He stated hc does not fed there is any reason to attach such strips to the doors of new garage, although it could probably n4-01-91 - 7 - be done if necessary. Mr, Davis then addressed increasing the pitch of the roof, noting he prefers that the roof not be too high or the pitch too great. He noted that he does not need the additional overhead storage that an increased pitch would create; and he can- no/ absorb much additional expense since he has a specific amount he can spend on this project. Associate Planner Kevin Wall highlighted the staff report. He stated that during its review of this application, the Design Review Board expressed an interest in a split roof, with a greater pitch on the gabled portion of the roof and a shed roof on the other por- tion to generally repeat the existing barn/storage structure lines. Responding to Commissioner Knapp, Mr. Davis stated that the proposed garage is sat hack one foot from each of the property lines so that any snow or rain runoff will fall onto his property rather than onto the adjacent property. Further responding to Commissioner Knapp' Mr. Davis indicated that the "Vm strip detail could be added to the garage doors if the Commission deems that is necessary. He further noted, however, that all three doors will have automatic garage door openers. Responding to Mayor Hawks, Planner Wall stated that the split r°nr design was a suggestion from the Design Review Board, not a roqvireornt. He noted that the DRB made that suggestion with the idea that the applicant could come back with a counter- proposal for D0g review and consideration. Commissioner Frost noted that Mr. Davis's residence is nice and well maintained. He expressed concern, however, that the new garage as proposed wwo|u detract from the home and the area because it does not fit the character of the house. He stated he feels a gabled roof for the entire garage is acceptable; however he feels the pitch should be increased. He also noted that detailing which will tie the house and the garage together is important. Responding to Commiosloner Swanson, Planner We|| stated that the house has vinyl siding with a five-inch exposure. He noted that the applicant proposes to use masomita siding on the garage; and DRB indicated that is acceptable as long as the exposure on that is five inches as well. Mayor Hawks noted that under the new code, one may obtain a deviation to build within the setback requirements; however, trade-offs are involved to ensure that the in- tegrity of the neighborhood is maintained. He then noted there seems to be some consen- sus that a steeper pitch is needed for the roof and asked whether that will significantly increase the cost of the structure. Mr. Everett Egbert contractor representing the applicant, responded that the costs wilt be higher because of the additional roof to he covered; bv==,er he noted that will not increase the costs substantially. n4-m1-81 - o - Mr. Egb^,t then noted that he had submitted folders of information to each of the Commissioners, including photographs of the existing structures. He stated those pictures are dated February zs 1991; and he thought the process was near completion on that date with only the fine tuning to be completed. He noted that the length of the process to date and the lack of formal decision by the Design Review Board is one problem. He noted the second problem is that he feels the property owner should have some say in the final decision about the structures located on his property, rather than having a board make those decisions, Mayor Hawks noted it is his understanding that the applicant was to submit a mod- ified plan to the DRB for consideration. Mr. Egbert responded that he opted to submit the application to the Commission in- stead. He then reiterated his. position that the applicant should have a soy in how his property is developed. Mr. sBbert then noted that wooden slats can be screwed to the mru,| doors to add the detail which the Commission seems to desire; however, he noted it would not create a good construction. He further noted that is a detail which should be decided by the applicant, not the contractor. Responding to the Mayor, Planning Director Epp|e indicated the Commission could n:n,r the applicant back to the Design Kcwaw Board with parameters for their consid- eration, or the Commission may take action without the benefit of DRB recommendation. Commissioner Frost stated the proposed detailing on the doors would not be readily visible unless it was painted o contrasting cv|vr, He noted, however, that the trim around the doors should be widm, matching that on the house' Mr. Davis stated that the plans for the garage reflect that the trim around the doors is the same width as that on the house; therefore, that proposal is acceptable. Responding to Mayor Hawks Mr. Everett Egbert indicated that the garage will be constructed with pre-made roof trusses. He noted, however that increasing the pitch of the roof will not negatively impact the use of those trusses. He "nx= again suggested that those decisions should be made by the applicant. Commissioner Frost suggested that the Commission approve the application, with a 70:12 pitch roof, a siding exposure to match the house and trim to match the house. He noted that proposal should be acceptable to the applicant; and it would generate a garage which *ou!|d fit into the n=|84uorx*vd. it was moved by Commissioner Knapp, seconded by Commissioner Gvehrung, that the Commission approve deviations to Section 18.50.060.F. of the interim zoning ordinance to allow for encroachment into the rear yard and side yard setbacks at 307 South Bozeman Avenue, as requested by Everett Egburt for William Davis, for construction of a three-car garage' subject to the following conditions. o+-o1-nl - 9 - /. That the pitch of the gabled room be increased to a 10:12 pitch; z. That the detail trim on the garage watch that on the house; and a. That the exposure of the siding on the garage be consistent with that on the house. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Knapp' Commissioner Cuohrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No. none. Presentation re Gallatin Development Corporation Dixie Swenson The City MauaOar stated that Commissioner Swanson had requested this item be placed on the agenda. Commissioner Swanson noted that the recent survey response from members of the various boards and commissions revealed that the availability of jobs is a concern. He then stated that he feels an update from the Gallatin Development Corporation is needed so the Commission has information with which to respond to this type of concern. Mrs. Dixie Swenson, Executive Director of the Gallatin Development Corporation, gave e brief history of the organization and its relationship to, the City. She noted that the CDC was formed as a non-profit organization in :yos to replace a Chamber committee that was working on economic development. She noted that in 1985 the area lost several jobs with the closure of Allen-Bradley and Gallatin Homes. She stated that one of the original GoC goals was to create / new jobs in the valley by 1991 diversification and a stronger MSU base. Mrs. Swenson then noted that the Gallatin Development Corporation provided the necessary background data for 8vzeman's certified status under the Certified Cities Pro- gram. She noted the original budget for the office was $lo'uon/ and this year over $su is being generated from private sources. Mrs. Swenson stated that City Manager Wysocki has served an the Board of Direc- tors for the Gallatin Development Corporation since its inception, and Commissioner Swanson has served for this past year. Mrs' Dixie Swenson then reviewed the mission statement for the Corporation adopt- ed in November 1989 which reads: "The Gaitatin Development Corporation is u non-profit membership organization committed to the maintenance and development of strong econom- ic foundation for Gallatin County. CDC supports economic development which complements and enhances our natural, educational, and human resources by actively assisting in the upgrading and expansion of existing employment opportunities and aggressively recruitimg appropriate now employers." Mrs. Swenson stated the Corporation's economic development strategy includes re- 04-01-91 - tmntion of existing businesses and recruiting of new businesses. She noted that 80 per- cent of the new jobs created are from existing businesses; therefore, it is important to en- sure that those businesses remain and continue to be healthy. She stated that the CDC has a small business development officer who assists in preparation of financial packages and helps to access State programs. Mrs. Swenson stated that over the years CDC has been involved in preparing five Community Development Block Grant applications, which have generated a substantial num- ber of low- and moderate-income jobs in the community. She also noted that the monies from repayment of those loans coma back to the City: and those monies can then be loaned back out for other projects. Mrs. Swenson stated that CDC will continue to recruit now business, particularly in the area of high technology as well as sports and recreation businesses. She noted that the work force in Bozeman is extremely well educated; and this area is attractive to those who wish to make lifestyle choices. Mrs. Dixie Swenson stated that the Gallatin Development Corporation provides infor- mation to companies looking at a possible relocation to Bozeman. She noted that those companies are generally interested in what similar types of businesses are currently in Bozeman and how successful they arm the technological infrastructure available and the technical resources available. Mrs. Swenson stated that many of the companies looking at possible relocation got information from the Bozeman Daily Chrooic/m to which they often subscribe. She noted there is often a difference between perception and reality, which the GDC must address, She indicated there is a perception that there are no job opportunities and the situation is getting worse; and in reality, there were ozs more people employed in Gallatin County in January 7991 than in January 1990 and the unemployment rate declined. Also, in 1988 there were 24 people employed; and that number has now increased by 1 She also noted that the unemployment rata was 4.6 percent in 1e88 and 3.9 percent in 1990. Mrs. Swenson stated another perception is that Bozeman is not friendly to business. She noted that people are encouraged to relocate to the Gallatin Valley; however, they are receiving the message that they should stay outside the Bozeman city limits. She then en- couraged the Commissioners to take one hour a month and visit one of the growing com- panies in the community, to find out what they need and where choir markets arc. She noted that a majority of those companies are bringing monies into the community from out- side; and they should be encouraged to remain and expand. Mrs. Swenson stated that the CDC plans to hire a small business development cen- ter officer, noting that one-half of the monies can be obtained through a State program while the other one-half must be funded through the |vcu| CDC office. She noted this in- 04-or-91 - 11 - dividoal can |amd assistance on creating the financial background for start-up companies as well an the technical expertise for developing business p/ans. She noted those services would also be available to existing businesses which are in the process of expansion. Mrs. Swenson noted that the term "climate" can include a lot of factors such as the physical environment and the infrastructure, She stated appreciation for the fact that the City is addressing the infrastructure issue at this time. Commissioner Swanson noted he has received inquiries about the community's beauti- fication efforts, or the lack thereof. He then cited the recent Safeway remodeling and expansion, including the installation of a low sign and landscaping which generate an ex- tremely nice visual impact. He ovtad, however, that the Bozeman Daily Chronicle Tends to cover issues such as the Bafdy Mountain sign' rather than the successes such as Safeway has created. Mrs. Dixie Swenson suggested that problems abnu/d be minimized as much as pos- sible, addressing than as quickly as possible so that they don't hit the newspaper, since that typo of publicity doesn't really do anybody any good. She then suggested that maybe the newspaper could be approached about running positive articles as well as nega- tive ones, under the concept of rewarding good behavior as well as punishing bad be- havior. Responding to Mayor Hawks, Mrs. Swenson stated she has not attempted to deter- mine how the proposed revisions to property taxes and personal property taxes might im- pact businesses, noting it is an "absolute nightmare." She then noted that until the State undergoes a comprehensive tax reform Montana will not be competitive for new business. The Commission thanked Mrs. Swenson for her presentation. Staff update re status of finalization of zone code Assistant the City Manager B rey and Planning Director Epple City Manager Wysocki stated that Assistant to the City Manager Bon Bray and Plan- ning Director Andy Eppyo have been working on finalization of the zone code and have re- quested an opportunity to provide the Commission with an update on the status or that project. Assistant to the City Manager Brey reminded the Commission that in December, staff forwarded several questions to the Commissioners for a general cooau`ouo prior to revising certain sections of the code. He noted that in January and February, he and F1amoimg Director Eppb were able to spend very little time on that finalization; however, in the past fa* weeks, they have once again begun the revision process. The Assistant then highlighted some of the sections which they have revised to date, including the design review section; the neighborhood conservation district; the no-ol-n1 - 12 - entryway overlay districts; and the planned unit development section, Assistant Brey stated that a number of procedural changes have been included in the now code revisions; however, he noted that some questions have also been identified in conjunction with those revisions. He noted those are to be addressed by a sub-committee comprised of the Chairman of the DRC representatives from the DRB and the City-County Planning Board and the Commissioner Liaison; and the individuals involved include Andy Epp|e' Ralph Johnson and Joe Frost, Assistant Brey stated that the City-County Planning Board has slightly revised its meeting schedule so that they now hold public hearings once a month and address regular business items at the other meeting. He noted that revisions to the cmuo include elimina- tion of appeals hearings before the Planning Board with those going directly to the Com- mission as the final clecivivn-making body. He stated that n/,+am/ioioy of the process should reduce the administrative work for appeals, noting that use of the process has re- vealed that appeals don't seem to stop at the Planning Board level. Assistant to the City Manager mrry stated that the neighborhood conservation over- lay district has been combined with the historic preservation district into one district only, with generally the same rules that applied to the historic preservation district, H noted that the role of the DRB was not specifically outlined in the old code; however it will be in the new code, and will be identical to that found under the entryway overlay district. He also noted that the ono-year provision for demolition of buildings listed on the historic register will remain; otherwise, an approved site plan will be required before a project can be undertaken. Assistant 0rey stated that issuance of the certificate of appropriateness is another issue addressed in the revisions. He noted that many of the sections dealing with the various processes, such an major site plans and conditional use permits address the issu- ance of a certificate. He indicated that another provision is bring included which will ap- ply to all other processes not specifically addressed elsewhere within the code, The Assistant stated that application submittal requirements will he removed from the various sections of the code and will be fisted oo/w/y in 3ecb"o 18.52, Assistant Brey stated that the provisions of the entryway overlay corridor district are slightly revised, noting that accesses for new developments in presently unsubdivided areas along entryway corridors must be 660 feat apart in Class [ entryways and 330 feet apart in Class || entryways. He noted that landscaping issues are addressed, and specific buffering and screening requirements are also |oduded. Assistant 8rey then reviewed changes to the planned unit development section of the code' noting that conceptual review of w proposed PuD will be conducted not only by the DRC and the DRB but by the Planning Board and the City Commission as well where o4-nl-y1 - /s - the proposed uses are not specifically allowed in the overlay district. The Assistant then noted that in the past' the Planning Board has conducted the public hearing on x pVD; and their recommendation has then been forwarded to the Commission for action on their consent agenda. He noted that the final plan for the PVn then went back before the Planning Board for final action. He then compared that process with the new proposed process, noting that under the v|u process, an application went through one public hear- ing and four actions; and under the new process, that application will go through two public hearings and two actions. The Assistant to the City Manager stated that the point system for the PUD has been removed, and review criteria will be established. He noted that spec criteria will be established for each of the land use designations, although not necessary for each spe- cific zone. He noted that the application will then be compared with the applicable crite- ria with each of those issues being addressed individually in relation to that specific lo- cation. Planning Director Emp/e stated he feels that Assistant Bray has adequately sum- marized the work which they have accomplished. He then noted that the experience which stuff has had under this interim zoning ordinance has shown where problem areas exist; and staff is aware of how the Commission wishes the system to operate. He stated they are now making good progress on their work noting that they are still planning to have the code ready so that the necessary public hearing can be held and the code finally adopted in June. Assistant Brey stated that many or the difficult sections have been completed. He noted the landscaping section is yet to be done; and the sub-committee in currently work- ing on the sign code section of the ordinance. Responding to the Mayor, th�o Assistant then indicated that the zone map has not yet been addressed. Ordinance No. 1324 Salary Ordinance for Fiscal Year 19*1 The City Manager presented Ordinance No^ 1324, as approved by the City Attor- ney, entitled: ORDINANCE NO. ozo ORDINANCE OF THE CITY OF BoZEmAN MONTANA FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF B0ZEMANAS REQUIRED BY LAW, City Manager Wysocki reminded the Commission that the salaries of five of the em- ployees are set under this ordinance. He then noted that under this nrdinance, the Sal- aries of thiree of those employees would be adjusted, noting that a tabulation has been at- no-o1-y1 - 14 - cached reflecting those changes. The City Manager then indicated that the monies have been budgeted to cover thew, recommended increases in the salaries for the department heads, Commissioner Cnphrung rioted the Commission has two employees, the City Manager and the Clerk of the Cnmmiv,ion. He then noted that' while neither the sub-committee nor the Commission has formally discussed what type of adjustment might be appropriate for the Clerk; he feels the issue must be addressed, possibly before final adoption of this or- dinance. Responding to Commissioner Knapp' Commissioner Ooahrony indicated that at this time, the sub-committee does not have a formal recommendation to submit to the Commis- sion. He then noted that the Commission evaluates its Clerk on an annual basis; and the last one was "in the favorable category.'/ City Manager Wysocki stated this ordinance provides for a mid-year adjustment for the three department heads to get ,hum where they should be in relationship to the pay matrix, noting the typical time for raises is July l. Commissioner Knapp expressed concern that the Clerk of the Commission's sala:ry' and possible adjustment thereof, not become lost between now and July 7 if it is not ad- ,dressed prior to final adoption of this ordinance. it was moved by Commissioner G^ohrun8 seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1324. revising the salary ordinance for Fiscal Year /oyn-m, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Qoehrung Commissioner Frost' Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No' none. Review Clerk of the Commission' bud2et unit requests for Fiscal Year 1991-92 The City Manager stated that included in the Commissioners' packets was a copy of the Clerk's budget unit' along with a memo outlining some of the items contained in the request. Clerk of the Commission Sullivan briefly highlighted the numbers contained within the budget unit request, noting that she is requesting a full-time person in place of the half-time person contained in the current year's budgut. She also indicated that the bud- q=t includes purchase of a new computer system which would include two personal com- puters and one printer to replace the existing Disp|ay*riter' which was purchased in 1987. She stated that the operations portion of the budget is generally the same as last year's. Commissioner Frost stated he had requested this item be placed on the agenda, He 141=111=121 - is - stated that when the subcommittee was formed last year, the problems were basically the same as they are now. He noted one of the subcommittee's recommendations was that the Clerk needs consistent help; and it s,mny that "help has gone from inconsistent to non-existent. 11 He stated that this budget request reflects those recommendations, and monies have been included to address the manpower needs of the office. Commissioner Knapp stated support for fund/me of additional help. She noted an organization is only as good as its record keeping; and the inability to keep the records in good order puts the organization in a poor position. She stated it in important for the Clerk of the Commission to maintain the records of the City and to do so in an orderly manner. City Manager Wysocki registered his concern that the Commission is reviewing the Clerk's preliminary budget request before it becomes a part of the overall budget docu- ment. Responding to the City Manager, Commissioner Frost indicated he feels it is impor- tant for the Commission to review the Clerk's preliminary budget rcquest, since she is one of the Commission's two employees. He then stated that he does recognize that this is in preliminary form and must be reviewed once again as o part of the whole. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items, (7) Copy of the City Commission's budget unit request for Fiscal Year 1991-92' revised as a result of bat week's discussion, The City Manager highlighted the changes, noting the amount under "postage" has been reduced following a conversation with the Post Office about the rates; and the amount under "other" was increased to include recognition of volunteers, as the Commission has discussed in the past couple months. Responding to Mayor Hawks, the City Manager indicated the amount budgeted for the new copier cannot be adjusted at this time, rather any credit for the old copier must be taken into consideration when it is relocated to another building or department. (z) Letter from Doug Hagmman President of the Bozeman Municipal Band, an- nouncing that Jon Good will once again serve as the conductor for the 1991 season. (») Reminder of the meeting at 3:30 ».m. on Thursday, April o ' between the Gallatin Development Corporation and 88r, Randall Arendt at the Library Community Room. (v) Agenda for the March z» meeting of the Gallatin County Commission, along with minutes from the March 19 m=et/mg. (S) Agenda for the April z meeting of the Gallatin County Commission. ov-ol-9l - rs - (a) Memo to the TCC Consultant Selection Committee members from Planning Di- rector epp|a announcing the meeting to "short Ust" those who responded. That meeting is to be held at o:oo p.m. on Tuesday, April z. (r) Notice of cancellation of the April z meeting of the City-County Planning Board due to the tact there are no scheduled public hearings. (o) Agenda for the Board of Adjustment meeting to be held at 7y0 p.m. on Thursday April 4 in the Conference Room at the Carnegie Building. (y) Memo from the Planning staff announcing that the interview of the candidate for the entryway corridor design objective plans is se/ for 7:00 a.m. on Monday &nrU o. (lo) Minutes for the Bozeman Area Bicycle Advisory Board meeting held on March lV 1991. (zl) The City Manager reminded the Commission that Clean up Bozeman is scheduled for Saturday Aprio 20. He noted that in the past' the City has provided hags for the clean-up campaign and stated he plat-is to do so again this year unless the Cn�mmis- sion objects. He also noted that the City has traditionally opened the landfill for a '/free dump day" for Bozeman residents who wish to clean up their premises; however, commer- cial uses and outside residents will still be treated an paying customers. The City Manager then noted that the private hauler has offered to pick "p the bags that are filled as a result of this clean-up campaign, provided he can take that trash to the landfill and dump it without charge. He noted that in the past' City crews have done the pick-up/ and he feels this proposal is a reasonable arrangement. The Commissioners concurred with the above proposal. (12) The City Manager dhom submitted his weekly report, as follows. [Y] The various department/ division heads are preparing their preliminary budget requests. (z) At Friday's meeting' the Highway Commission authorized an additional $2.35 million for the North 13th Avenue interchange project, based on the updated oust figures. (3) Staff is continuing to review the current water and sewer rates in anticipation of possible adjust- ment. More information will he submitted to the Commission within the next few weeks. (4) Staff met with msU Director of Facilities B]|| Rose last week regarding the parking sit- uation on and around the MSU campus. He expressed concern about the City implementing a residential parking district, and asked that MSU be given time to create a parking area in the northeast sector of the campus. (s) An eligibility list for now police officers is currently being created. Candidates have completed the written, psychological and phys- ical agility tests to datr, with the number being reduced from 78 to 6. Oral tests will he given next week; and the eligibility list will be created after that step has been completed. (6) Staff met with County staff last week in the monthly co-op meeting. Topics on the agenda included the hui|u/mg maintenance contract, the southeast sector transportation *|ao no-ul-s{ -Y7- (which was not available for discussion), and preparation for the meeting with the Highway Commission. (7) The new street sweeper was delivered last week. It can dump into a truck and keep no moving, while the others have to go in to the yards for dumping. (m) Reminder of Interagency Breakfast to be held at 7:00 a.m. on Wednesday, April lO at the Baxter. (y) Distributed a copy of the letter from the Department of Highways, dated March 12 regarding its intent to dispose of a tract of land at the East Main interchange, noting he had distributed a copy at last week's meeting as well. He stated his intent to pursue acquisition of the parcel unless the Commissioners indicate otherwise. (13) Commissioner Knapp complimented the City Manager and Director of Puu|/r Service for their proscmtabnm to the Highway Commission. She noted that County Commis- sioner Jelinski was extremely pleased with the results of that meeting. (14) Commissioner Swanson stated he xmmt to u conference at San Raphael, California last week, and listened to a presentation on San Jose's environmental quality program. He noted they have the largest volunteer recycling program in the country, with 160 people using it. He then indicated that he will share more information with the Commissioners at a later date. (15) Commissioner Frost stated he attended a workshop on transportation in San Francisco last week, He noted that after fourteen hours of discussion on transportation uraumms such as busses traims and automobiles, the last one and "n,-haff hours were spent on pedestrian traffic. He them indicated he wili have more information to present to the Commission in the future. Mayor Hawks requested that those two reports be placed on different agendas. (16) Commissioner Frost noted that he checked on the costs of the newsletter which the �Ga|iatio Land Trust recently mailed. He noted that it wms professionally put to- gether, with Chris Boyd doing most of the writing; 1 copies were mailed; and the cost was $550. He noted the graphics add a lot and make the newsletter much more interesting and readable. (17) Commissioner Gpehrvng noted he has the Commissioner copy of the proposals for engineering services for the sidewalk installation program. He then indicated he is unable to attend the meeting scheduled for Friday and asked if one of the other Commis- sioners could do so. Commissioner Frost indicated that he will attempt to review the documents and at- tend the Friday meeting; Commissioner Knapp indicated a willingness to serve as back-up. (78) Mayor Hawks submitted the following. (/) Copies of articles from the March 31 edition of The New York Times entitled ''/n Solid Waste, It's the Breakdown That Counts" and "An Industry Tr/es to Improve Its Record on Plastic. 11 (z) A news release inviting Bozeman to forward one adult candidate and one youth candidate to attend a con- 0+-01-91 - 18 - ference on leadership in Washington, D.C., in mid - October. He then forwarded the infor- mation to Darla Joyner, Executive Director of the Chamber of Commerce, for her review and comment. (19) The City Manager asked the sub - committee to review Valley Unit plans to set a meeting for later this week. The committee set the meeting for 7.00 a.m, on Wednesday, April 3. ('nn ca,n+ Itr.�rinc The City Manager presented to the Commission the following Consent Items. Authorize City Manager to sign - acceptance of proposal for engineering services re abatement of asbestos contamination along Front Street right --of -way - Matney- Frantz Engineering Acknowledge receipt of staff report re street vacation; adopt Commission Resolution No. 2826 - intent to vacate 30� -foot -wide by 280- oot -long access strip adjacent to Darlgold; set public hearing for April 15, 1991 COMMISSION RESOLUTION NO. 2826 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF THE 30 -FOOT -WIDE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SERVICE DRIVE LYING BE- TWEEN LOTS 1, 2, 3 AND A PORTION OF LOT 4, BLOCK 3, DURSTON'S SECOND ADDITION TO THE CITY OF BOZEMAN, AND THE WEST RIGHT - OF -WAY LINE OF NORTH SEVENTH AVENUE, AND FURTHER EXTENDING FROM THE NORTH RIGHT -OF -WAY LINE OF WEST JUNIPER STREET NORTH FOR A DISTANCE OF 280 FEET TO APPROXIMATELY THE SOUTH RIGHT - OF -WAY LINE OF WEST HEMLOCK STREET EXTENDED. Authorize City Manager to use annual leave - April 8 -12, 1991; confirm appointment of Assistant Brey as Acting City Manager Claims It was moved by Commissioner Frost, seconded by Commissioner Swanson, 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 Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Recess - 5:45 p.m. Mayor Hawks declared a recess at 5:45 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 04- 01--91 -l9- Continued b[kc hearing i to Sections 18 2o oso and 18 sv `vo Dan Kamp fo Marguerite Christensen - allow construction of a four-unit residential complex on Lot 2, Block 1, Thompson's Fourth Addition (1514 South Tracy Avenue) This was the time and the place set for the continued public hearing on variances to Sections l*.zo.nsn' Yards, 18.50.100 Property Access Standards; and 18.50.120, Park- ing Requirements' of the interim zoning ordinance, as requested by Dan Kamp for Mar- guerite Christensen, to allow construction of a four-unit residential complex on Lot z Block x of Thomp,vn's Fourth Addition. The subject property is more commonly located at 1514 South Tracy Avenue. Mayor Hawks reopened the continued public hearing. City Manager Wysocki reminded the Commission that the public hearing on this ap- plication was opened at the March lo 1:91 moutin0. He then submitted to the Commission a copy of the draft minutes for that meeting. Assistant Planner Kevin Wall presented the staff report. He noted this application is for four variances, as follows: (1) encroachment of the structure ten feet into the required front yard; (z) encroachment of throe of the required parking spaces eight feet into the side yard/ (s) use of an existing 20-fnvt-wide private access easement from snuU` Black Avenue; and (4) installation of only eight off-street parking ypaooe rather than the required nine. He then noted that staff reviewed this application in light of the four cri- teria wet forth in the interim zoning ordinance as well as the three criteria established by the Montana Supreme Court for review of applications for variances, then highlighted the staff findings for each of those criteria. The Planner noted that while this application meets the intent of the R-] zone, the Planning staff was unable to determine that a phys- ical hardship exists; and the proposal would have an adverse effect on surrounding prvp ertiey. He stated that in light of those findings, staff recommends denial of all four re- quested variances. The Assistant Planner stated that South Tracy Avenue is only a "paper street" at the present time, with Langnhr park lying along the west side of the street right-of-way. He then stated that the |o| although not perfectly rectangular in shape, does nut seem to have or generate any undue physical hardships for construction. He noted rather it ap- pears that the applicant is attempting to over-devu[vp the site through the construction of this proposed four-unit residential complex. The Planner then stated that the 20-fpot-wide access from South Black Avenue is used by several other properties. He also indicated that it is substandard for garbage collection and is unacceptable for fire protection. Mr. Dan Kamp, architect representing Mr. Doug Hnxsey, developer of the site, stated that the applicant filed an application for two variances; and staff increased it to four variances. He stated that prior to purchasing the property, Mr. Hoxsey went to the n4-o7-91 - oo - p|anning office to find out if there were any problems with constructing o four-unit res- idential complex on this site. After receiving assurances that there were no insurmount- able problems, he purchased the property and proceeded to develop plans for the site, Mr. Kamp stated that initial staff review of the site plan generated a concern about the access, which is a 20-foot-wide access rather than the required 24-[not-wide access. He noted that staff concern was also expressed about the parking area and the tight cir- culation pattern/ therefore, he moved the building forward t=o feet into the front yard setback to open up the maneuvering room in the parking lot at the rear of the site. Mr. Kamp stated that the plan as proposed provides a structure which has no ga- rages facing the South Tracy Avenue side, rather, that side provides a rather aesthetical- ly pleasing face to Langohr Park. He suggested, therefore, that the ten-foot encroach- ment into the front yard should not appear an harsh as it would if there were garages and driveways. Mr. Kamp noted that he measured the distance which existing buildings lie from the South Tracy Avemue right-of-way; and he found that they range from 75 to 22 feet. He muted that the 16-foot distance for this proposed building, therefore, is consistent with existing development and would blend in we/|- He also indicated that the applicant pro- poses to construct a fence along the back and side yards to sor000 the parking area from adjacent properties, even though their parking lots back up to this lot. Mr. Kamp then noted disagreement with the staff interpretation that nine parking spaces are required for this structure. He noted that one section of the zone code re- quires 2.25 spaces per unit for multiple-family buildings, including on-street parking, while another section of the code indicates that only o spaces are required for a townhouse complex. Mr. Dan Kamp then stated that at the Development Review Committee meeting, staff indicated that as long as the fire hydrant on South Tracy Avenue is accessible, there was no, concern about gaining access to the site through the existing private easement. He also noted that garbage containers can be carried from the units to the South Black Avenue right-of-way, a distance of approximately 100 feet for collection. Mr. Kamp stated that o physical hardship does exist for this parcel. He noted the applicant is willing to pay his half of the costs for improving South Tracy Avenue to a local street standard along this parcel; however, the City has indicated it cannot afford to pay the other half of those costs. He noted that staff and the DRC have recommended that the applicant bring the roadway up to some type of gravelled road standard so that firm trucks can gain access to the fire hydrant. Responding to Mayor Hawks Mr. Kamp indicated that the snow storage area for the paved portion of the site is |vcotau in the landscaping along the north aide of the parcel. O4-ol-o7 - 21 - Responding to Commissioner Knapp Mr. Kamp stated the height of this proposed building is similar to that of the adjacent four-p|exes; however, it will appear lower because of the series of lower roofs that have been added to soften the appearance of the strmcture, He noted the building is zo feet at the ridge estimating it at 10 fovc at the mid-point. Mr. Doug Hoxsey applicant, stated Mr. Kamp has covered the issue well. He stat- ed that his 82-year-o|d mother-in-law is moving to Bozeman for her retirement years; and he wishes to construct a residence for her that is close to their own home. He stated that he did o fair amount of research before purchasing this parcel, including making sure that it was not located in a ff"mdp|ain and that access was adequate. He noted that after he bought the parcel, he began to run into complications. Mr' Tom Anackmr, attorney representing Mr. Hoxsev stated his client is perplexed by the issues that have arisen over his app/icat.um, especially since he researched the parcel before purchase. He noted that Mr, 8oxsmy checked with City staff to make sure the easement was adequate and acceptable, and was assured that it was. He noted Mr, ooxsoy then purchased the property and submitted his application for construction of a four-p|ex on the six:. Mr. Anacker stated that Mr. Kamp then submitted the initial plan to the Planning staff for review and as a result of that review, moved the building ten feet closer to the front property line. He noted that at that time' the applicant felt there were only two variances needed, one for the narrow easement and one for the front yard encroachment; however staff has credited the applicant with four needed variances. Mr- Anacker then reiterated Mr. Kamp's position that a physical hardship does exist because South Tracy Avenue is not improved, and cannot be improved to City standards at this time because the City does not have the funds to cover its portion of the costs and further because of an agreement from 1972. Mr. Anacker stated that on June 14. 1972 to he excepted from Special Improvement District Nos. SVe and 510 the owners of Lots 3 through lO of Block 2 of the University Subdivision entered into an agreement with the City that South Tracy Avenue as it abuts those lots would not be developed until the own- ers of a majority of those lots are prepared to develop said lots and pay for the costs of installing all improvements. Mr, Anacker then cited a portion of the judgment in the cane Board of Adjustment versus Srh*ndel noting there are conflicting interpretations of whether zoning laws should be strictly construed. He then noted there are also conflicts in the existing zoning ordinance pertaining to whether parking spaces constitute an encroachment and how many parking spaces are required for this type of townhouse development. Mr. Anacker stated that the sub/act 20-foot-wide access easement is currently being o+'o1-91 - zz - used by other properties in that area. He noted that is n pre-existing non-conforming use amg on that haoim should be allowed. City Manager Wysocki noted that the applicant's representatives have indicated that Mr. Hoxsey researched the parcel prior to purchase, with the issues of Onodpfain and ac- cess being specifically mentioned, He then asked what other elements were researched. Mr. Anacker stated the issues of zoning and access were reviewed; and a title search was performed, which is when the agreement was found. Ms. Carmen Murphy, reaitor with ERA Landmark stated she sv|u the property to Mr. Hoxsey. She noted he did extensive research before placing an offer on the proper- ty; and then it was with the contingency that he be allowed to construct a four-y|ex on it. She noted that after discussion with the Planning office, the contingency was removed and he purchased the parcc,, She then encouraged Commission approval of this applica- tion. Mrs. Kerry Q/snn 7508 South Tracy Avenue, stated that after reviewing the plans for this site she went home and measured how it would impart her property, particularly since they use the existing access easement to reach their home. She stated that the pav- ing in the access easement is only fifteen feat wide; and that is not wide enough for two vehicles to meet. She then expressed concern that the center of the proposed snow stor- age area is zo feet from her garage, and that does not provide adequate room for her to maneuver their Suburban into and out of the garage. She also suggested that snow melt could drain from the snow storage area into her garage. Planning Director Andy Epp|u stated that no written record of Mr- 8oxsey's visit to the Planning office was found; therefore, staff cannot respond. He then concurred with Mr. Kamp's assessment that contradictions do exist in the interim zoning ordinance. He stated that in those instances the staff uses the more restrictive provisions; and that has created the difference in opinion on two of the variances, as noted in previous testimony. The Planning Director then addressed the issue of an-street parking, noting that under the code, all parking requirements are for off-street parking spaces. He noted that in testimony submitted' by the applicant, the suggestion had been that nn-street parking spaces could be used to meet the contested one additional parking space; but under the code that would be unacceptable. Responding to Commissioner Frost, Planner Wall stated that during DRC review of this application the Fire Marshal stated that for the existing vacant lot, the access ease- ment is an acceptable fine access for reaching the hydrant. He noted, however, that if the Tracy Townhouses are constructed, it would no longer be acceptable. The Planner stated that Director of Public Service PhV| Forbes has indicated that paving of South Tracy Avenue is not on the City's priority list for streets, particularly since this street no—V1-y7 - 23 - would be strictly for the benefit of one private developer. Mr. Dan Kamp stated that he was unaware that the proposed snow storage area would create any problems. He then noted a willingness to relocate that area as necessary to minimize impacts on the neighborhood. Mrs. Kerry Olson asked if she will also be required to carry tier garbage from her house to the South Black Avenue right -of -way if this four -plex is constructed. Street /Sanitation Superintendent Roger Sicz responded that if the proposed four- pl'ex is constructed, the garbage trucks will be unable to turn around; and he will not have his trucks backing out from the site. He noted, therefore, that those who use the access easement will be required to carry their garbage to South Black Avenue for pick -up. Mayor Hawks closed the continued public hearing. A decision will be forthcoming in one week. Public hearing -Ordinance No. 1323 - amending Ordinance No. 696 redefinition of gar- bage and providing for collection and disposal thereof by the City, defraying the costs thereof and providing penalties for violations This was the time and the place set for the public hearing on Ordinance No. 1323, as approved' by the City Attorney, entitled: ORDINANCE. NO. 1323 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 696, AS ADOPTED ON THE 8TH DAY OF JANUARY 1940, AND AS CODIFIED IN CHAPTER 8.16 OF THE BOZEMAN MUNICIPAL CODE, DEFINING GARBAGE FOR THE PURPOSES OF THIS ORDINANCE; PROVIDING FOR THE COLLECTION AND DISPOSAL THEREOF BY, AND UNDER THE SUPERVISION AND CONTROL OF THE DE- PARTMENT OF PUBLIC SERVICE, AND FOR DEFRAYING THE COST OF SUCH COLLECTION AND DISPOSAL AGAINST THE PROPERTY TO WHICH SUCH SERVICE IS RENDERED; AND PROVIDING PENALTIES FOR VIO- LATION OF THIS ORDINANCE. Mayor Hawks opened the public hearing. City Manager Wysocki noted that included in the Commissioners' packets were a copy of the ordinance; an information sheet as prepared by staff; a letter from R. Walter Connell, dated March 27, expressing concern about some of the provisions contained in the ordinance; a letter from Barry O'Connell, dated April 1, responding to Mr. Connell's con- cerns; a letter from Mary Gray, 1817 South Willson Avenue, dated March 25, stating oppo- sition to the proposed bag system and expressing concern about the unfairness created by people dumping garbage into others' dumpsters; a letter from Charlotte Trolinger, 530 North Montana Avenue, dated March 31, stating support for the proposed' volume -based rate system; and a letter from Kathryn Heistand and Neal Miller, 404 West Story Street, dated March 18, indicating support for implementation of a volume -based rate schedule, a curbside recycling program and a household hazardous waste disposal day, as well as op- 04 -01 -91 - %^ - position to the proposal for use of plastic bags, Director of Public Service phiN Forbes carefully reviewed the information contained in the first two pages of the data which he and Assistant to the City Manager Ron Broy had prepared. He noted that the major change contained in Ordinance Mo. 1323 is conver- sion from an assessment based on the number of units and the number of rooms per unit to a volume-based rate structure, Me rioted this new rate structure will encourage re- cycling and decrease the amount going into the waste stream at this time. He also noted the volume-based rate system is a more equitable method or assessment, with people paying for what they set out for garbage collection. The Director stated that under this new program, an annual assessment will still be charged to all residents who are an the City's collection system or not being serviced by a private garbage collection system; and that assessment will be utilized to cover a portion of the fixed costs involved in the operation of the system. He noted that people will then be required to attach a prepaid tag on any cans or bogs of garbage mmco are set out for co|nectiun. The crews will U,eo remove that tag and dispose of the garbage in the contain- er. The Director cautioned those in attendance that this public hearing is limited to the provisions of Ordinance No. 1323 and the fees are not a part of the ordinance. He not- ed however, that after this ordinance is finalized, staff will prepare a resolution contain- ing all assessments and fees; and a public hearing will be held on that resolution prior to its final adoption. Director of Public Service Forbes stated that people may continue to use the con- tainers which they have under the vW program, He noted that the new program is not based on the number of containers which one has rather tags need to be affixed only to those cans which a resident wishes to have dumped in a given week. He indicated that those prepaid tags will be available at Qty Hall as well as a number of retail outlets throughout the community. The Director stated that' while this ordinance does not require residents to recycle or compost their wastes it does, encourage those activities through the new rate structure. He noted that residents can control the amount they spend for collection of their garbage, estimating that recycling, composting and reduction can decrease the amount of garbage set out for collection by 20 percent. He stated that the City will conduct its composting program once again this year; and it will provide a pick-up service similar to the one used last year. He indicated that service will be a part of the overall garbage collection service which the City will be providing under this vruinanoe. He asked that those who partici- pate in the program place their grass clippings and small branches in readily identifiable containers so that the garbage crows are not required to lift the lids on all potential con- tainers to determine their contents. oo—o/-y1 -2s- Director of Public service Forbes then briefly highlighted the other major revisions which are contained in this ordinance. He noted those include prohibiting a person placing his/her garbage in annther's container without consent; allowing garbage containers at the curb on garbage day only; prohibiting the unauthorized dumping of hazardous wastes and hazardous materials; and revising the maximum penalties for violations of this ordinance. The Director then noted that the Commission has appointed an ad hoc recycling committee to recommend posnib(e ways to implement a recycling effort. He noted that the committee is not yet ready to make its recommendations to the Commission; but it is anti- cipated those will be forthcoming. Assistant to the City Manager Ron Bray gave a quick overview of the preliminary rata information which had been prepared to provide individuals a range within which the rates are expected to fall. He noted that the estimates provided include the high and |o* costs anticipated for the various collection components or the program. He noted that the tipping fees at the landfill have been included in these numbers, at the household rate of a penny a pound; however, that is the only disposal cost that has been included in these cv//ccoom coot estimates. He reminded those in attendance that the Garbage Fund is an enterprise fund; therefore, the costs of providing the service must be recovered through the fees assessed for the service. The Assistant then briefly highlighted the figures contained in the low and high columns under both the large reduction incentive and sma|l reduction incentive scenarios which he had developed. He cautioned it appear= that the logic used in developing the figures is backwards. He notad, however, that there are a certain amount of fixed costs which must be recovered no matter how much garbage is co|lerted. He stated, therefore, that when less garbage is nv||octcd the per-unit cost increases. The Assistant to the City Manager then stated that the preliminary figures reflect only collections for single-family residences. He stated that multi-family units are yet to be addressed, noting that conversations with other communities using the volume-based rate structure have revealed those are the most difficult to address in an equitable man- ner. The Commission and staff responded to questions from the audience a process which lasted approximately one hour. Those asking quuuUmno did not identify themselves; and only the questions have been highlighted in this portion of the minutes. Questions included the following issues. (l) What size container is anticipated un- der this new program? (z) Why a 30-pound limit when more garbage than that can be placed in a 32-gallon garbage can! (3) Is the City going to weigh all of the cans before dumping them? (u) Has a workers' compensation uo»cuo|e been utilized in establishing the w4-01-91 weight limit? (s) How many additional employees will be required under this new program, to monitor the weight of cans and handle the sale of tags? (6) Hm* will theft of tags be addressed and handled; and has that been a problem in other communities using this sys- tem? [n How will violations to the ordinance be policed, and how much wilt it cost? (o) How will multiple-family developments, such as condominiums, be addressed, including col- lection, billing and policing of violations? (y) To what communities has staff spoken? (10) The figures submitted in this data sheet reflect only collection costs and none for the disposal portion of the operation. (11) Mow many of the communities from which informa- tion has been garnered have a university, since that impacts the amount of multi-family housing units in the community. (12) Will city residents be allowed to take their own gar- bage to the landfill and pay the dumping fwoa rather than facing the possibility of paying for the collection of someone else's garbage? (13) How well will the community and the surrounding roadways be policed to ensure that dumping of garbage in unauthorized places is minimized? (14) What about disposing of garden trash, tree limbs, etc! (15) If a person is dissatisfied with the City's collection service can he/she contract with a private collection service? (16) How much progress has been made on initiating a recycling pro- gram? (17) If the City is sincere about recycling, why not have the City crews make up some large mash bins For reoydab|es and leave them in strategic places? (18) Has the staff considered the fact that people will he required to take their rccyc|ab|ev to an outlet; and that will in turn increase the costs of disposing of garbage? (1p} Is the compost started last summer now ready for use? (zV) Is the City now picking up grass clippings? Or when wilt it start? (21) How does the City determine whether there is a large or small reduction in the amount of BartwO* collected when it doesn't know how much is being co/- (octod from each individual residence now? (22) How will the City determine the base rate} (23) How much staff time will be devoted to administration of this program? (24) How can the figures contained in this information sheet be reconciled to the budget figures for this fiscal year? And why aren't disposal costs included as well, so the total picture is available? (25) What figures are missing from the preliminary rates for single-family dwell- ing units, since the rate for one can per week with a $«o base charge is less than the current assessment? (26) Wilt those projected figures provide the incentive necessary to encourage residents to recycle? (27) Does the City maintain e reserve in its Garbage Fund? If so how mach and why? (ax) Unea the City plan to sell a portion of the prop- erty it presently owns for |andf[||ing at some time in the future? (29} How are the educa- tional needs of the community to be addressed, to ensure the success of this program? (30) Will there be another hearing at which the finances of this program are discussed? And will the public be allowed to provide input at that time? Mr. Wait Connell, svz Fieldstone, indicated he is the attorney representing Three Vv-n1-n1 - ZT - Rivero Disposal. He noted that several changes have been made in the manner in which the City has addressed solid waste issues in the past few years including a significant increase in tipping fees at the landfill as the preliminary step to this step. He highlighted the contents of his memo to the Commission, dated March zr suggesting that the term "garbage" be changed to "solid waste" to reflect changes which are occurring in this are- na. He then expressed concern that Section z of the ordinance as written is in violation to the settlement agreement between the City and Three Rivers Disposal, suggesting it should be revised. He also noted proposed changes to Section o to more accurately reflect the garbage collection needs of some entities and to bring the language into compliance with state law. He suggested that portions of Section * he revised to more aouurau:|y re- flect the types of containers which are acceptable as well as 10 provide for the use of dunpsters in alleyways, Mr. Connell noted that at the meeting two weeks ago' chore was some discussion about adding a paragraph pertaining to the hazardous waste issue. He n^u*j that is a significant issue, but so is the medical waste issue; and that is not addressed in this ordi- nance, Mr. Connell then noted that the area of solid °maua disposal is in a state of rapid change at this time; and the attendant costs are very real. He stated support for the in- creases which the City has recently implemented, noting that as the federal regulations change, those costs will continue to increase. Mr. Walt Connell them noted that recycling has been a top priority for the Commis- sion for quite some time. He announced that the private carrier will begin to provide a curbside recycling program for its customers in the near future as a part of its service to those customers. Mx. Shannon Walden, member of the Bozeman Recycling Coalition and the ad hoc re- cycling committee, stated support for the volume-based rate structure. She then noted that an extensive educational program is necessary to make people aware of what items can be kept out of the |amufi/| through alternative disposal methods, such as recycling, com- posting and precyd|ng. Mrs. Lyne![ Martel, 2516 Spring Creek Drive, stated her property is serviced by the private hauler. She noted that during her recent trip to Hawaii she was extremely aware of the large amount of trash on the beaches except for those which were part of private hotels. She then noted that in Bozeman, she has a tendency to ,m|k the alleys; and she is amazed at the amount or trash that collects in people's back yards. She ex- pressed concern that under this new volume-based rate structure, ponp|o will collect even more garbage in their hack yards rather than paying the fees to have it removed. Mr. Darrel Behrent zno Lindley Place, noted that the basis for the new fee strvc- 04-01-91 -28- u/rn is to encourage recycling, extend the life of the landfill and to more equitably dis- tribute the costs of the collection service. He then questioned whether the proposed ¢l.on per tag will encourage recycling, particularly since the income generated from recyclable items will hardly provide the additional economic inccmuwe, Mr. Behrent stated his calculations reflect that if this new rate structure generates the projected 20—percent reduction in the waste stream, the fife O f the landfill wiU be ex- tended by mine months. He noted that extension in the life of the landfill is not signifi- caot suggesting that monies could be better spent elsewhere. Mr. Bchrent noted that approximately su percent of the dwelling units within the city are multiple units; therefore policing of the new system will be extremely difficult. He also noted that assessment of costs for those units could be difficult, possibly not as equitable as wusirou and may not generate the desired reduction in garbage. Mr. Behront suggested a better alternative might be to construct an incinerator, Hm projected that in seven year, there would be an adequate garbage supply in this immediate area to support an incinerator. The high-pressure steam created from that source could be used to create electricity, which could be sold to Montana Power Company; and the low-pressure steam could he used to create gasohol, thus reducing the area's do- mend for Middle East ni|, Break 931 uu930 Mayor Hawks declared a break from 9;31 p.m, to y:xo p.m.' in accordance with Commission policy established at their regular meeting of March 14 1983. ,Public hearing (continued) - Ordinance No . 1323 - amending Ordinance No. 696 re defini tion the costs thereof and providing penalties for violations Ms. Ursula Neese, 573 North Plum Avenue, stated she is a member of the Bozeman Recycling Coalition. She thanked the Commission for moving toward a volume-based rate system and away from the plastic bags as a way to implement that program. She then submitted to the Commission a petition, containing approximately 320 signatures in oppo- sition to the use of plastic bags "in raow the subject ever comes up again." Ms. Neese encouraged the Commission and staff to continue moving toward the vol- ume-based rate system along with a curbside recycling prvgram, She also noted that an education program on reduction is extremely important and encouraged the City to provide that in conjunction with the other steps. Mr. Rick Meb' resident of Bozeman, stated support for the volume-based rate sys- tem. He noted the system proposed by staff seems to be the best way to implement this program. He noted that this type of program encourages the individual to consider, and o4-m-yl -2s- be responsible for, the waste fie/she is generating. Mr. Mei= noted that a recent article indicated that Japan is second behind the U.S. in the amount of garbage disposed; however, he noted that on a per capita basis they dispose of less than half the amount of garbage. He stated it is important to address re- duction, noting that an education program is vital to success. Mr. Meis then stated his disagreement with the proposal above for incineration. He noted that 26 percent of the volume remains after incineration; and it is guaranteed that material will be toxic. He encouraged the Commission to continue in the direction it is now moving. Mr. Chris Bruchhmusrr. zms West College Street, asked several questions about the proposed program. He noted that on education program is extremely important, so that people know what alternatives there are to dumping waste products into the landfill. He then stated that projections about the life of the existing landfill have continued to extend further and further into the future, noting that in 1979 it was projected to |oot another twelve years; and now it is projected to last another fifteen years. Mrs. Barbara B/mn 716 South Grand Avenue, nomad that under the new volume- based rate schedule, people will have to recycle; however, the City's recycling program seems to be "on the back burner." She then suggested that recycling is the most impor- tant segment of this program; and that effort as well as an education program, should be implemented before the ordinance rather than after. Mr. Bob Fag|iano General Manager for Waste Management, noted that recycling bin, have been available through the Lions' Club for quite some time. He noted that the c/wu has had problems with pe*u/c throwing trash in those recycling bins as well as the recyclable products for which they were installed; and the City must address that problem as well if the Commission decides to implement a satellite recycling program. Mr. Fag|iano then commended the Commissioners, members of the ad hoc recycling committee and the City staff for steps they have taken to date to address this isxu*. Ms. Jennifer Beall, member of the Interfaith Recycling Effort the Bozeman Re- cycling Coalition and the ad hoc recycling committee addressed the issue of illegal dump- ing. She noted that a recent article in the Bozeman Daily Chronicle featured a garbage detective in another local community, suggesting that a similar approach could be used in Bozeman. Ma, Beall then stated support for the tag system which has b"nn proposed' as opposed to the bag system which had been previously discussed. She suggested that a receipt mechanism be implemented with the tags, noting that would protect the individual who purchased the tags by providing proof of that purchase in the event that the tag is moved to another location. ov-o1-n1 - zo - i|lega| dumping of trash, particularly since there is a large student population in Bozeman. He noted that under this new system the resident will be required to purchase the tags rather than the property owner paying the costs. He noted that since renters do not cur- rently pay that cost directly, the incidence of illegal dumping could increase dramatically. He also expressed concern that he pays an annual green box fee in another county be- cause he owns property there, but he will he required to pay for removal of his garbage here as well under this new system. Mr. Peterson then noted that recycling is a good way to reduce; however, he feels more incentives are necessary to get people more involved in that program. Mayor Hawks closed the oral portion of the public hearing, noting that written com- ment will be accepted until noon on Friday April 5 at which time that portion of the hearing will dose as well. Action on this ordinance will be forthcoming at next week's meeting. A djournment There being no further business to come before the Commission at this time it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those vo�ting Aye being Commissioner Swanson Commissioner Knapp' Commissioner Onebrung Commissioner Frost and Mayor Hawks; those voting No, none. 0o-o1-9l