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HomeMy WebLinkAbout1991-04-08 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 8 1991 The Commission of the City of Bozeman met in regular session in the Commission Room Municipal 8ui|ding, April 9 1991 at a,m p.m. Present were Mayor Hawks, Com- missioner GonhrunB Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Act- ing City Manager Brvy' City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Swanson requested that the Building Inspection Di- vision report for March 1991 be removed for discussion. Minutes - March lo 1991 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of March 18 1991 be approved as submitted. The motion carried by the following Ayr and No vote: those voting Aye being Commissioner Goehrung Commissioner Frost Commissioner Swmmoon Commissioner Knapp and Mayor Hawks/ those voting Nn none. Mayor Hawks deferred action on the minutes of the regular meeting of April 1, 1991, for a period of one week. Decision - vari to Sections 18.20.050, 18 so mo and 18 sn oo Dan Kamp fo Marauerite Christensen - allow construction of a four-unit residential complex on Lot 2, This was the time and the place set for the decision on the variances to Sections 18.20,050. Yards; ln.so.`nO Property Access Standards; and 18.50.120, Parking Require- ments, of the interim zoning ordinance as requested by Dan Kamp for Marguerite Christensen, to allow construction of a four-unit residential complex on Lot 2, Block 1 of Thompson's Fourth Addition. The subject location is more commonly located at 1514 South Tracy Avenue, Acting City Manager Brey reminded the Commission that the public hearing on this application was conducted and closed at last week's meeting. He U`zn noted that a staff mom* dated April a ' was included in the Commissioners' packets along with some attach- ments. He cautioned the Commission that the notter from Ken and Kerry Olson, dated April a ' and the minutes from the April 9 Development Review Committee meeting must be disallowed and may not become a part of the deliberations because they were received after the close of the public hearing. The Acting City Manager then distributed to the Commis- 04-08-91 - z - siwn u letter from Mr. Tom Anacker, attnrney representing Mr. Doug Hvxsmy. dated April o ' 1991 responding to the staff memo of April J, He suggested that this item may be considered in the deliberations since it is in response to issues raised at the public hear- ing and in the subsequent staff memo, The Acting City Manager then reminded the Commission that this application is for hour hardship variances to the City's interim zoning ordinance; and four affirmative votes are required for approval. Mayor Hawks asked the City Attorney for a brief review of the contents of Mr. Anacker's letter of April o ' since the Commission just received it. , City Attorney Becker stated that the applicant has raised a question on whether or not the Planning staff has interpreted the code provisions for parking requirements prop- erly, as well as the provisions pertaining to side yard encroachments. He reminded the Commission that, under both Section 76-2-321, M.C,A. and Section 13,56.030 of the City's interim zoning ordinance, the issue of the Planning Director's interpretation of the code is to he appealed to the Board of Adjuntment, He stated that if the applicant is dissatisfied with the Board's decision, the next appeal is to the District court. He noted txcrvrbre if that is the applicant's contention and he wishes a response, the issue must be forwarded to the Board of Adjustment prior to any Commission action. He stated that if the applicant decides not to pursue that avenue, then the Commission may make its decision today. Mayor Hawks asked if the applicant is willing to proceed with the four variances as listed, or if he wishes to appeal the staff's interpretation to the Board of Adjustment. Mr. Dan Kamp architect representing the applicant asked if the applicant would retain the opt/nn to appear before the Board of Adjustment regarding the issue of staff interpretation if the Commission takes action on the four variances today. Qty Attorney Becker stated that if the applicant agrees with the staff interpreta- tion by allowing the Commission to take action today, he waives any right to then chal- lenge that interpretation before the Board of Adjustment. He noted, therefore, that this is a thrmshho/d issue that must be addressed before the Commission takes any action on the variances. Mr. Dan Kamp reminded the Commission that the applicant had requested two vari- ances and the staff added two variances. He then requested that the Commission address the two variances which the applicant requested, those being to allow encroachment into the front yard setbacks and to accept the 20-font-wido access easement; and delay action on the two variances added by staff, those being the variance to the parking requirements and the side yard encroachment. Commissioner Knapp stated that she feels she must abstain from voting on this ap- plication because her residence is one of those which is party to the agreement to delay o4-o8-9l - 3 - paving of South Tracy Avenue, mode in 1972. She stated that, while the previous owner was the party entering into that agreement, she finds that she could now have a financial interest in the matter and must therefore, abstain. Commissioner C~ehrung noting his service on the Board of Adjustment before becoming a Commissioner stated that one must determine hardship due to unique physical constraints of the parcel to approve a requested variance. He stated that in this in- stance, none of the testimony submitted leads him to believe that such ^ unique charac- teristic exists. Commissioner Frost expressed his concern that the 20-foot-wide access does not n�- low for adequate fire protection. The Commissioner stated that during a conversation with Fire Marshal Figgins, he indicated that if South Tracy Avenue were improved to a gravel standard with m cul-de-sac or a hammerhead turn-around it could create an acceptable situation for ,ire protection. He stated, d`rrcrnrc that he cannot support the variance for the 20-foot-wide access easement at this time. Commissioner Swanson stated he feels that if the Commission approves the variance for the 20-foot-wide access easement, it should also require that the developer, at his own expense, widen the pavement to a full ZO feet. He also feels the Commission must require the applicant, at his own expense, to improve South Tracy Avenue to something less than a full street standard to adequately address the issues of fire protect/on and garbage col- lection. Commissioner Swanson then stated he has no particular problem with variances to the front yard and side yard setbacks, Commissioner Swanson then stated he does have a problem with the potential that this application may cause the site to be over-developed, suggesting that a three-p|ex might 5t on the lot nicely. He also reminded the Commission of problem areas such as Perkins Place, where development was allowed to occur on a very narrow access. Mayor Hawks stated that he feels that the 20-foot-wide access easement would pro- vide adequate access for normal traffic if it were paved to its full width. He then stated that he concurs with the applicant's position that access to the site does create a hard- ship' particularly since the City seems to be in a position where it is unable to facilitate access through the normal street. The Mayor then stated he has no problem with a full 20-foot_wide access; and the requested setbacks are consistent with those of surrounding properties, and acceptable in light of the fact that an open park is immediately across the street right-of-way. Mayor Hawks stated' howovcr, he is concerned about the fire protection issue not- ing that the Commission cannot approve a development which does not have adequate ac- cess for such services. He suggested this could he addressed by improving South Tracy Avenue to a gravel street standard. He also noted another option might be to cut the o4-0x-g1 - 4 - structure to a three-phm and extend the access easement from its current termination to South Tracy Avenue thus creating a looped roadway. Mayor Hawks then suggested that the Commission delay its decision for a period of one week to a//ow the applicant an opportunity to address the fine protection issue, in- dicating he would like to approve this application if at all poss,iu|n. City Attorney Becker cautioned the Commission that the public hearing on this ap- plication has been closed. He noted that this suggestion could raise new issues; and the public hearing must be reopened if those issues are to be explored. Mr. Dan Kamp reminded the Commission that Mr. Huxnay has previously stated a willingness to address the South Tracy Avenue situation. He mut*J that if the public hearing must be reopened to address that issue once again the applicant would be willing to proceed in that manner. Responding to Mr. Hoxaey the Mayor stated that the City cannot participate in im- provement of South Tracy Avenue at this rime. He noted that the City has an established priority schedule for improvement of streets; and this street is not one of those priority items. Mr. Hoxsey then asked if graveled street would be acceptable. Mayor Hawks responded that is a decision which must he made, He noted that he has heard no Commission opposition to such on alternative, if it provides an access which is acceptable to the Fire Department. Mr. Doug Hoxsmy noted that there is not adequate space to provide a turn-around area within existing right-of-way' and proposed that the City allow a cul-de-sac or ham- merhead turn-around to be constructed on park property. Acting City Manager Brcy suggested that options available to the Commission at this time include the following: (l) attach conditions concerning fire protection and garbage collection and then vote to approve or deny the variances; (z) direct the applicant back through the process in om attempt to resolve the issue with determination to be made on whether those revisions are so substantial that m new public hearing process is required, or whether action can be taken without e now pub/)c hearing to, approve or deny the re- quested variances/ (a) or find that this application is unacceptable and deny the var- iances at this time. Mayor Hawks stated he is not prepared to make a decision at this Umo' particularly on potential improvement of South Tracy Avenue since he doe, not know how u turn- around area might impact Langohr Park. Commissioner Frost noted that Fire Marshal F/ggius has indicated that an alternative to providing fire access would be to install a sprinkler system in the building. Commissioner Swanson asked whether the hardship in this case is created by po1on- 04-08-91 - 5 - tial over - development of the property or by the City's failure to improve South Tracy Ave- nue, Mayor Hawks stated that he does not believe a site is overbuilt if the requirements of the zone code can be met through the issuance of variances or other alternatives al- lowed in the code. He noted that if the development cannot be done in a manner that is safe and reasonable and that fits within the neighborhood, then it could be considered over -- development. Commissioner Goehrung reminded the Commission of the four criteria outlined in the zone code for considering variances, particularly in setback areas. He noted that there are not any unusual characteristics on the site, such as streambed setbacks, which would require a ten -foot encroachment into the front yard setback. He stated that making the building smaller would allow it to fit on the lot appropriately. Responding to Commissioner Swanson, Commissioner Goehrung noted that the appli- cant has indicated that this proposed project is very similar in nature to existing develop- meat in that area; however, the residents who spoke disagree with that analysis, Acting City Manager Brey suggested that if the applicant wishes to appeal the staff interpretation on two of the variances to the Board of Adjustment, he do so before this matter reappears before the Commission for action. He noted that would allow the Commis- Sion to make a decision on all facets of the application at once, rather than at two separate times. Mayor Hawks requested this item be placed back on the agenda when the applicant is ready for Commission action. Decision - Ordinance No. 1323 - amending Ordinance No. 696 re definition of garbage and providing for collection and disposal thereof by the City, defraying the costs thereof and Denaitles Tor vioiations This was the time and the place set for the decision on adoption of 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. The Acting City Manager reminded the Commission that the verbal portion of the public hearing on this ordinance was closed at last week's meeting; however, written testimony was accepted through noon on Friday. He then presented to the Commission the 04 -08 -91 - 6 - following items which had been submitted prior to that deadline: (1) letter from R. Walter cnnnoU dated April 4; (z) letter from James and Lanette Walker, dated April o/ (x) letter from Mrs. V. N. KosheSvr dated April s; (4) letter from J. Marx dated April o/ and (s) a newspaper article from the March 27 edition of the R |d entitled "Plastic containers are useful to farmers." The Acting City Manager then submitted to the Commission a memo from City Attor- ney Becker dated April o ' containing some proposed revisions to the ordinance. He also mouau that Director of Public Service Forbes has some proposed revisions to the proposed revisions, which he wishes to present verbally. Director of Public Service phiV Forbes noted that he has received some questions about the revisions proposed in the City Attorney's mown and he feels those should be addressed at this time. He noted the proposed revision to Section 8.16.030.C. would allow for dumpstars as well as garbage can racks to be located along the alley right-of-way upon approval of the Director of Public Service, and further provides that such approval may be rescinded at any timc. The Director stated that in most instances where a fence is constructed at the roar of the property, it is located on the property |ino. He also noted it is more convenient for the garbage crews if the garbage can rack or clompstor is located on the alley side of that foocm as long as it does not encroach upon the driving area in the a/|ey. He nnh:d' therefore, he does support this location for garbage can racks and clumpsters as long as be can maintain authority for approval or denial of such uses. The Director stated that under this section, he is attempting to accommodate those sites that presently have dumpsters located off site. He noted that under current zoning codes any new sites which propose to utilize dumpsters must accommodate them on site, with appro- priate screening provided. Mayor Hawks asked if o permitting process is to he used for each garbage rack or dumpst*r located within the alley right-of-way. Director Forbes responded he does not feet Q is necessary to permit each individual rack or dumpster noting that could create an administrative and paperwork nightmare. He noted that the provisions of this section do give him the ability to remedy problems which may arise in this arrn. Responding to additional questions from the Mayor, Acting City Manager grey stat- ed that the zone code requires that trash receptacles for all new uses except for single- family residences must be accommodated on site; therefore, the only new uses that would have off-site storage of trash receptacles would be single-family residences and those uses which have received msriznooe or deviations. Mayor Hawks indicated that if the staff has no problem with this revision, be is willing to accept it. - 7 - Director of Public Service Forbes then addressed the proposed revision to Section 8.76.030,A' noting he has no desire to approve each and every dumpstor or garbage con- tainer; however, he doe, pent the right to establish the guidelines and criteria for what types of containers are allowable. Responding on the Mayor, the Director indicated that there are several multi-family developments where it would be to the City crews' advantage to require dumnstors /m lieu of the existing large numbers of garbage cons' He also noted that under this section, be will be able to address those problem situations where garbage is not being appropriately contained. He then stated that he is comfortable with the language as proposed. Mayor Hawks stated he has no problem with allowing staff to develop criteria for the types of containers that will be allowed; however, he uncs not n=n| that one ,tprfmrm- ber should be able to make the judgment calls without some type or established criteria, so the public can he assured of consistency in the decisions rendered. The Mayor then sug- gested that it may be beneficial to allow the use of cans whenever possible, noting that use of dumpster, may detract from the incentive created by the volume-based rate struc- zuro. Commissioner Frost asked if the last portion of the sentence under Section 8'16.020.A,S. should be deleted under the proposed revision contained in the City Attor- ney's memo; the City Attorney responded that it should he. Director of Public Service Forbes noted that a final proposed revision includes changing the weight limit in Sections n.lu.uon.A. and 8.76.050.A' from twenty-five to thirty pounds. He also suggested that Section 8.:6.050.6. be revised to add "except as otherwise provided for in Section 8.16.030'A," at the end- He noted that reference will lead back to the allowance for dumpstera and" the provisions therefor. City Attorney Becker suggested that the proposed revision to Section a./o.oao.C. be changed to reed "... mwmpsters or racks for garbage cans may be allowed along the alley right-of-way, at the discretion of the Director of Public 3arv/cc provided they are adequately maintained and do not encroach upon the driving area within the alley." Mayor Hawks noted that language would be satisfactory. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1323 as revised, amending the City's garbage or- dinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Swanson, Commissioner Knapp' Commissioner Gnohrung and Mayor Hawks; those voting No none. - 8 - Comm the City's zone code Acting City Manager Brey presented Commission Resolution No. 2827, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2827 A RESOLUTION OF THE CITY CQMM|G5/8N OF THE CITY OF a0ZEMAN MONTANA, ESTABLISHING POLICIES FOR THE ENFORCEMENT OF THE PRO- VISIONS OF THE CITY OFROZGMAN ZONE CODE. The Acting City Manager noted that this policy was before the Commission for dis- cussion several weeks ago and is now back in resolution form. Commissioner Frost asked whether a specific time frame should be set forth in No. 10. Linder Section 2, noting it appears very open ended at this time. The City Attorney stated he feels the language in this section i's appropriate. lie noted that staff should be in a position to grant an extension if that is deemed appropri- ate/ and he feels it is defensible. Commissioner Frost then stated he feels the provisions of this resolution should be in ordinance form, rather than in resolution form, so that they become a part of the Bozeman Municipal Code, Acting City Manager Ron Brey stated that during his review of this resolution, he noted that Section 1 and Section a were directly from the interim zoning ordinance; and Section 2 simply set forth the "nuts and bolts" of the zone code enforcement procedure. He stated that he /eciu it is appropriate to leave these provisions in raoo|ut[*m form, since they address procedural steps only. He then suggested that. if the Commission s* de- sires, the zone code could be revised during finalization to refer to the resolution setting forth the procedure for enforcement. Commissioner Frost stated he feels this is the type of issue for which public com- ment should be taken before any revisions are made. He expressed concern that a resolu- tion can be changed without a public hearing; therefore, this policy could change at the whim or wish of a now Commission. Mayor Hawks suggested adding o clause in this resolution which stipulates that it cannot be modified without a public hearing. City Attorney Becker likened the provisions of this resolution to the Administrative Rules of Montana, since it establishes the rules of procedure for enforcement of the zone code. He then noted that the Commission can add the requirement that this resolution cannot he changed without v public h=aring/ however, he noted that such a provision is not required under State statute. Mayor Hawks noted there are other policies set forth in resolution form about which the Commission has raised a similar concern, such as the sidewalk policy. He then asked oo-o8-y1 - y - ahoo, the possibility of adopting an ordinance which stipulates that resolutions will not be modified except through the public hearing process. He noted that would eliminate the possibility of a new Commission changing the policy on its own without seeking public in- put. Commissioner Knapp expressed concern about a Commission trying to force its will on subsequent Commissions, The Mayor noted that this provision would not impose an undesirable policy on fu- ture commissions; however, it would serve to protect the public interests when a policy is being revised. Commissioner Frost stated he feels the public should be able to count on some type of continuity, even when the composition of the Commission changes. He noted that he feels steps should be taken to ensure that the public has an opportunity to participate in any proposed changes to a policy. Acting City Manager Brey reiterated his observation that a majority of the issues covered in this resolution are also contained in the zone code. He noted that the minutia of the enforcement process is the only aocdoo not spmcifica||y contained within the ordi- nance provisions; and he soggestud that it may be beneficial to provide for adjustment of -that section without going through the public hearing process. Responding to Commissioner Swanson, Zone Code Enforcement Officer Kyle Harlan stated that 4.f. under Section 2 allows the Officer un establish a date for compliance and re-inspection rather than setting forth a specific time frame in which the violation or non-compliance is to be oddreaaed. He stated it is important to maintain flexibility in this sovtkm because some violations may be life safety issues that need to be addressed within twenty-four hours *bUe other non-onmp||ancea may be minor and could be given a remedial time frame of up to month. Responding to Commissioner Knapp, City Attorney Becker indicated that the Uni- form Code for Abatement of Dangerous Buildings addresses the issue of abating vacant or abandoned buildings. Officer Harlan indicate* that unsightly properties and structures can be addressed under "attractive nuisances." He noted that those areas often attract vagrants and chil- dren; and the property owners can be required to board up those buildings or remove then and clean op the area under codes which the City currently enforces. /t was moved by Commissioner 3waoymn seconded by Commissioner Knapp, that the Commission adopt Commission Resolution mw. 2827 as submitted' estob/ish/ny policies for enforcement of the �City's zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swansnn, Commissioner Knapp' Commissioner Ooehrumg Commissioner Frost and Mayor Hawks; those voting No none. o4-ox-e1 Responding to the Acting City Manager, the Commission asked that the possibility of including these provisions in ordinance form be brought back within two weeks for fur- ther discussion. Planning Director Epp/w announced that Kyle Harlan has just been promoted from Zone Code Enforcement Officer to Chief Building Official; and he is now in the process of advertising for a new Zone Code Enforcement Officer. He briefly highlighted Mr. Har/an's background, noting that he will have strong oversight responsibilities for zone code en- forcement. The Commission congratulated Kyle Harlan on his promotion to Chief Building Offi- cial. " Clean Proclamation - Acting City Manager orey noted that included in the packets was a copy of the prvc|amatimn for ''C/eon Up Bozeman Day" which has been scheduled for April m ' 1991 and which is being sponsored and coordinated by the City and the Chamber of Commerce. It was moved by Commissioner Knapp seconded by Commissioner Gvuhrung' that the Commission concur in the Mayor's proclamation of April zo 1991 as "Clean Up Bozeman Day'" The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Goehrong Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No. none. Clerk of the Commission Sullivan reminded the Commission that at last week's meet- ing, under "FYI Items," the City Manager briefly highlighted the manner in which this ac- tivity has been organized in the past and how he proposes it will be accomplished this year. She noted that the City has provided the haQa for this project in the past, and would do so again this year. Also, the "free dump day: has been open to city residents on/y' not for any commercial activities or to the private garbage hauler and proposed that stipulation be included this year as well. She then indicated that the City crews have picked up the garbage bags at the various clean-up locations after the volunteers have completed their work and taken those bags to the landfill. This year, the private hauler has volunteered to pick up the bags from this campaign' provided he can take them to the landfill for disposal, at no cost 1n him. It was moved by Commissioner Gochruug' seconded by Commissioner Frost that the Commission authorize purchase of the garbage bags for the clean-up campaign; stipulate that "free dump day" be limited to city residents only, not for commercial activities or to the private haulers; and further authorize the private hauler to pick up the bags from the clean-up campaign and deposit them at the City's landfill at no charge. The motion carried by the following Aye and No vote: thmoe voting Aye being Commissioner o4-oo-yl - TT - Goehrvng Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Commissioner Goehrung stated that the Glad Bag Company has a Glad Bag program under which Cities can make application for assistance in coordinating their clean up days. He noted that under this program, Glad will not only provide bags' but will participate in advertising for the activities as well, He rioted that this is a one-time application; and one must show that such clean-up campaigns have been conducted in past years. The Commissioner then noted that a recent conversation with Michelle Let°ndre at the Chamber office revealed that she plans to 0| out an application for next year's proQram- Appointment of sub-committee to review pledged securities as of March 31, 1991 Tha Acting City Manager reminded the Commission that the pledged securities must be reviewed quarterly according to State statute. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that Com- missioner Frost and Commissioner Swanson be appointed to review the pledged securities as of March 31, 1991. 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. Building Inspection Division t for March 7991 Acting City Manager Brey reminded the Commission that Commissioner Swanson had requested this item be removed from the Consent Items. Commissioner Swanson stated appreciation for the monthly reports which are submit- tad by the Building Inspection Division; hmnevwr, lie feels there is some valuable informa- tion that could be easily added. We suggested that reporting for each of the three exist- ing categories, which include the number of permits issued for the month and the total fees, the number and value of new building permits issued, and the number and value of permits for improvements issued, could be expanded to provide the following informational data: a summary of the past ten years' activity, the monthly high for that category and the monthly |w°. He also suggested that comparative information for the past two years' rather than just the past year, could also be beneficial. Commissioner Swanson stated that this type of information could be beneficial in viewing cycles and trends. He also suggested that developing this type of report should not take an inordinate amount of staff time, with appropriate computer capabilities; and the information could he easily updated once it is in the computer. The Acting City Manager stated that the new Building Official is proposing to up- grade the division's computer capabilities and to computerize that type of data. He also o*—o8-9/ - o- noted that at the end of each calendar year, that type of information has been summarized into one report; so developing the background data should be relatively easy. informatk`m or if he is the only one. Mayor Hawks stated Fie feels this type of information could be beneficial, particular- ly if it is computerized and does not create an additional workload for staff. Responding to Commissioner Knapp, Commissioner Swanson stated an interest in seeing this type of information contained in the monthly reports in a matter of months. He stated that this is not an urgent issue; however, he noted that once the data is in the machine, it can be easily updated each month. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission acknowledge receipt of the Building Inspection Division report for March 1991- The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp' Commissioner Cvrhrung, Commissioner Frost and Mayor Hawks; those voting No, none. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your In- formation" items. (1) The Acting City Manager distributed to the Commission a letter from John Lawson, dated April 8 regarding the proposed revisions to the garbage ordinance and method of assessment. He noted this letter was submitted after the deadline for accepting input; therefore, it was held until after the decision was made. ex- pressing an interest in continuing the bonding which has occurred between Bozeman and NISU. (3) Memo from the Planning staff, dated April 4, 1991, providing an update on the status of the land use development guidelines for the Billion Auto Plaza. (4) Memo from the Planning staff dated April 4 1991 providing an update on the status of the variance application from J.C. Billion, which was duo by April 3. (s) Notice of the Chamber of Commerce Governmental Affairs Committee meeting urhcuv|ea for 7'30 a.m. today at the Baxter. (6) Copy of the letter from City Attorney Becker to the Department of Justice, Gambling Control Division, dated April 4 asking that an opportunity for |vva| government input be added to the process similar to that for rigwvr licenses. (7) Copy of the fetter from City Manager Wysocki to the Department of High- ways, dated April 2, expressing an interest in acquisition of the parcel near the East Main 04-08-91 -Tz- Street interchange. (H) Notice of the Downtown Bozeman Association meeting scheduled for 7:00 p.m. on Tuesday, April ls at 178 East Main Street, to discuss mgmting in the downtown area, Mayor Hawks noted that this meeting conflicts with the regular Planning Board meeting; and that is the meeting at which they propose to discuss the southeast sector transportation plan. (9) Letter from Secretary of State Mike Cooney, dated March zs 19e1 along with a ropy of House Joint Resolution No. 7 which urges local governments and school districts to develop source reduction and recycling programs as well as the use of recycled materials. (vo) Agenda for the April 9 meeting of the County Commission, along with the minutes for their meeting of April 4. (ll) The Acting City Manager submitted his weekly report, an follows. (1) Par- ticipated in reviewing the responses rocrk/e1 for the transportation plan' Throe firms have been selected for further review, two firma each for Phases | and // of the project. He noted that two of the three firms provided proposals on only one phase of the project, while the third firm submitted a proposal covering both phases. {z} Surveying of the Burke property is currently underway; and arrangements for an appraisal or the site are now being finalized. He noted this item wi[| probably he on next week's agenda for action. (12) Commissioner Knapp submitted the following. (l) Attended the interview with Mr. Hinshaw for the entryway overlay project at 7:00 this morning. (2) Attended the Library Board meeting this morning, where one of the topics was the centennial activities. (3) Attended the staff appreciation luncheon at 11:30 today, noting that the Library Board has made that an annual event the past few years. (13) Commissioner Swanson stated that the conference he recently amended was devoted to addressing environmental problems. He noted that San ]noc the 77th |argest city in the country' has the largest voluntary recycling program in the country. He then stated that he purchased a tape of one of the sessions at tbat confrre"cv, noting he feels it would be beneficial for all of the Commissioners to listen to it. (14) Commissioner Swanson noted that the "Check It Out" publication from the Library has several interesting statistics this month. He noted that the Bozeman Public Library has one of the most heavily used book collections in the State with each book be- ing checked out an average of five times per year, well above the average of two, times per year. He also noted that the total circulation at the Bozeman Public Library was 19 percent ahead of the circulation at the library in Great Fa/|s which has twice the staffing -74- (15) Mayor Hawks asked Chamber Executive Director Darla Joyner if she has any information on the new MoDona|d's au noting he has received telephone calls on the issue. Mrs. Joyner stated that she has not seen the advertisement; however, a telephone call to the State Travel Bureau revealed' that the ad was not filmed in Bozeman. She than suggested that the owner of the local McDnna|d's stores could possibly assist in getting the advertisement removed if that is the desire of the Commission. (16) Mayor Hawks then submitted the following items. (1) Noted that he and Commissioner Swanson have been meeting with the CwFR Site Selection Committee in prepa- ration for the rodeo in Jun*. He briefly highlighted some of the upcoming activities, not- ing some of those will be taking place this week in conjunction with the M3Q Spring Rodeo. (2) Felt that the Thursday evening presentation by Mr. Randall Arendt was in- spiring, (3) Attended Mr, Hinyhow's interview this morning. (17) Mayor Hawks asked Commissioner Goahrong to respond to the letter con- tained in today's packet from Mr. and Mrs. Jim Walker regarding the garbage issue. He noted there are several questions to which he feels responses are important. (/u) Commissioner Goehrung stated he will attend the ad hoc recycling committee meeting this evening. He noted that he plans to ask the committee to make recommenda- tions no what needs to be done between now and July, and asked if there are other issues that should also be addressed. Commissioner Knapp stated that some concern has been raised that the ad hoc re- cycling committee is very monolithic and asked if additional input into the committee should be considered. Commissioner Gnehrung stated he plans to raise the issue of realities at this even- ing's meeting. He noted that if the committee is interested in what can be accomplished between now and July, he feels there would hw no reason to expand its membership. He noted however, that if they wish to expand their recommendations to go beyond July, then he feels it may be appropriate to odd people with other interests to the committee. Responding to Mayor Hawks Commissioner CoeMrong noted that he forwarded fig- ures he had received from staff to the committee just before their March zs meeting. He noted that since the public hearing on the sidewalk program was scheduled for that even- ing, he was unable to attend the meeting and does not know if they discussed those fig- vres. He uwtcu that is an issue which will also be addressed this evening. Commissioner Swanson suggested that the committee provide a public information session to inform the public about the programs currently available. Commissioner Coahrumg responded that on Saturday, a recycling fair is being spon- sored at the Fairgrounds; and much of this type of information will be available at that time. He noted that an educational seminar could also be held some time later this spring o+-uo-s7 - 15 - as a follow-up to the recycling fair. (19) Commissioner Goehrung noted the recent article on American Simmenta| and the possible relocation of its headquarters, He then suggested that the City write x letter encouraging them to remain and noting this is the type or industry which Bozeman wishes to attract. Mayor Hawks stated that the Gallatin Development Corporation has asked him to write such a letter. (20) Commissioner Frost noted that he attended the Randall Arendt presentation fast week as well as the Mark Hinshaw interview this morning. (21) Commissioner Frost stated that the subcommittee to review the engineering proposals for the 1891 sidewalk program met on Friday and has narrowed the number to two. On Wednesday or Thursday, the committee will interview those firms and then make a recommendation for selection of n firm. Commissioner Frost then stated that staff is looking forward to working with the new sidewalk policy, noting that it provides some of the flexibility they feel is important to making the program a success. He noted that after this year's program is completed, the Commission may wish to noco again review the policy to determine whether any changes need to be made before another year. (z]] Mayor Hawks stated that a Commission representative is needed to welcome the YABA state tournament on Saturday; and he is omub|o to do so. Commissioner Knapp indicated her willingness to attend. (23) Commissioner Swanson submitted the following. (z) Noted the City Commis- sioners and County Commissioners have been invited to serve as judges at the CNFR pa- rade on Wednesday, June 19. He then noted it is important to have n good showing at that event and encouraged as many to attend as possible. (2) He then suggested that the Commissioners participate in serving at the Sunday evening barbecue for rodeo contes- tants. (24) Mayor Hawks stated that the POST Committee has invited the Commissioners to attend a work session at 7:00 p.m. on Thursday, May y in the Commission Room. He then asked if any Commissioners have any conflicts with that meeting time; all responded they o*um attend. (zs) Commissioner Frost noted that one or the things Randall Arendt talked about for development of open space was "quantity, quality and configuration." He noted that the current master plan suggests that those areas with special characteristics be protect- ed; and that can be accomplished through designation as open space. He then suggested it may be in the City's best interests to determine how an inventory of such areas can be taken so they can be considered appropriately in future actions. V4—ou-yl -1u- possi- ble source, as well as M5U with its mapping capabilities. Commissioner Knapp noted that in Oregon o=v=na| years ago' citizen advisory com- mittees were formed in various segments of the community; and they were responsible for identifying and mapping the specific resources ;n their areas. She noted that activity did generate the information needed while familiarizing residents with their immediate surround- ings. (26) Commissioner Swanson suggested that another work session on the goals be set for Monday, April 29. He also Suggested that the meeting be started before 3:30 p.m. to allow ample time for that session. Following discussion, the Commissioners concurred that the meeting should be start- ed at 2:30 p.m. Consent Items The Acting City Manager presented to the Commission the following Consent Items. Proclamation - "Western Wear Week" April 8-12 1991 Authorize City Manager to sign - agreement with Story Distributing Company for purchase of gasoline and diesel fuel it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed and authorize and direct the appropri- ate persons to complete the necessary actions. The motion carried by the ouxowing Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Oo,hrung Com- missioner Frost, Commissioner Swanson and Mayor Hawks; those voting 0o none. Adipurmment - 5:29 o.m. There being no further business to come befo the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung' Commissioner Frost Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting No, none. oo—o8-9l