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HomeMy WebLinkAbout1991-04-15 MinutesCORRECTIONS TO MINUTES April 15, 1991 Page 8 - Line 27 -after ' "average speed" add "tjirough urban areas" Page 9 - Line 14- after "one must travel" add "by automobile" Plus the corrections to Page 7 which were included in the Commissioners' packets on Friday. CORRECTIONS TO MINUTES April 15, 1991 Page 7 - Lines 30-36 - change to read "(13) The City Manager announced that Mayor Hawks has received a letter indicating that City employees in the Employee Group (clerical and non-supervisory), not covered by any other organization, have petitioned for consideration to become a part of the Montana Public Employees Association. The City has five days in which to respond to suggest how the petition should read and then a vote must be taken within twenty days. Results of the vote will be known by the State, who will serve as election ad- ininistrator7 and results of the election will be given to both parties." MINUTES OF THE MEETING OF THE CITY COMMISSION B0ZEMAN MONTANA April ls 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 15 1991 at 3:30 p.m. Present were Mayor Hawks, Com- missioner GoebrmnB, Commissioner Frost Commissioner Swanson Commissioner Knapp' City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Phyllis Woods. 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 - April I and April 8 lyyl It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meetings of April 1 and April o ' 1991 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Hawks; those voting No, none. Decision - variances to S i 18.20.050, m so zvn and m sn 1oo Dan Kamp for Marguerite Christensen - allow construction ot a tour-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 decision on the variances to Sections 1e.20.050' Yards; 18.50.100^ 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 o four-unit residential complex on Lot z Block 1 of Tx*mpson's Fourth Addition. The subjcct location is more commonly known as 1514 South Tracy Avenue. City Manager Wysocki reminded the Commission that the public hearing on this ap- plication was conducted and closed at the April l meeting; a:nd the Commission deferred action at last week's meeting. He then submitted to the Commission a letter from Mr. Tom Anacker, attorney representing the applicant, dated April /l requesting that this item be placed on the agenda, along with m memo from City Attorney Becker, dated April 12 for- warding his legal opinion on some of the issues which have been raised. The City Manager also referred to a copy of a letter to City Firm Marshal Den Figg|n, from Cikon Architects, which was handed out just prior to the meeting. He noted that items of correspondence distributed at previous meetings include a letter from Mr. Anacker dated April 6 and e memo from Manner Wall dated April 5. The City Manager u4-15-gx - 2 - then noted that a five-page letter from Mr. Anacker, dated April 15 was received at 2:30 p.m. this afternoon. He then recommended that the Commission not consider the contents of this letter, since many of the /toms are new and had not been discussed during the public hearing on this matter, i.e. reference to a homeowners' association a!nd reference to City snow removal service on a sub-standard street. He further recommended that the Commission not take action on this appUcoduo but refer it back to staff since their at- tempts to address the access problems have |ou to additional issues that must be address- ed, and that substantially change the application as originally submitted. The City Manager then noted that the hammerhead turn-around as proposed in- fringes on the 35-foot stream setback requirement, even though it does provide the desired access to the fire hydrant. Commissioner Frost stated he cannot deal with the information which the Commission now has. He stated it was his understanding that the applicant was going back to staff concerning the fact that the cul-de-sac would be infringing no park vroperty- he noted he was unclear about the Fire Marshal's report; and he is uncertain about whether the ap- nficant has adequately addressed the garbage issue. Responding to a question from Mayor Hawks, Assistant Planner Kevin Wall stated that the subject stream is not in the right-of-way' but would be in the 35-fovt streumbanx setback. He noted that staff has not received any information about the garbage being collected through a private contractor. Responding to Mayor Hawks, the City Manager indicated that Commission is dealing with an application so substantially different that it should g* through a new public hear- ing process. He noted, however, that the Commission could act on the original appJica- tion' as reviewed during the public hearing, at this time' Commissioner Frost noted choices include referring this application back to staff or denying the original application. He then stated he cannot support approval of the appli- cation at this time. Commissioner Swanson stated he hads the Commission is being asked for a variance to the access requirements and the front yard setbacks per the City Attorney's memo. He noted the only question now is whether the hammerhead turn-around would require an ad- ditional variance. Commissioner Gpmhrmng noted the public hearing has been held; and testimony was accepted based on the applicant's proposal. He noted that perhaps the access problem can be addressed; however, he noted he is not convinced there are any hardships, other than an economic one which would allow approval of a ten-font encroachment into the front yard setback. He also expressed concern that care must be taken to ensure the integrity of the parkland immediately across the street. He then noted that the zone code ou-1s-y| - 3 - specifically states the criteria for approval of a variance; and this application does not meet two of those criteria, Mayor Hawks stated he foc|a there is an element of hardship provided by the City's inability to provide street frontage for this parcel, so that the easement access in accom- modating the limitations of that access and the desirability of moving the project over makes sense. He noted support of the proposed encroachment into the front yard setback, since the project would he in line with other development in that immediate area, particu- larly since the parcel is located across the s,treet from a park. He then expressed concern about the fact that the hammerhead turn-around and its encroachment into the streambank setback has not been addressed. He stated that, in deference to the public's right to participate he would view this as an inadequate application. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the variances to Sections 18.20,050 Yards; 18,50.100 Property Access Standards; and 18.50.120 Parking Requirements, of the interim zoning ordinance be denied. The motion carried by the following Aye and No vote: those voting xv, being Commissioner Frost, Commissioner Swanson Commissioner Comhruog and Mayor Hawks; those voting No none. Commissioner Knapp abstained for the reasons noted at last week's meeting. Presentation from Sweet Pea 1 91 committee re grant challenge to communi The City Manager stated that Mr. Keith Swenson had requested this item be placed on the agenda. Mr. Ken Bova President of Sweet Pea 1 91 Board, noted that the Sweet Pea festiv- ities have grown over the past few yrars- we then noted that a portion of what is con- sidered Lindley Pork is not actually a part of the park' but is actually a part of the old railroad right-of-way and is being leased by the City. The Grants and Special Projects Committee of the Sweet Pea Board would like to see at least that portion of Lindley Park acquired by the City from the CMC Heartland Partners and annexed to the park. He stated that to that end the Committee has proposed a challenge grant be sent to the community through the Commission, to begin raising funds to purchase whatever properties are necessary to annex the CMC property to the park for the City. He stated therefore, that $s from the lyou festival and $5 from the 1991 festival are to be set aside for a challenge grant which is to last for a period of one year, beginning with the lyel fes- tival in August and ending with the 7992 festival. Mr. Bova: then presented to the Commission a poster of the check for $10 from Sweet Pea to the City of Bozeman. He then suggested that the mock check he posted somewhere as a reminder of this challenge grant. He suggested that this poster be a re- minder of the sued money that has, been sot aside for mcnviyiuom of the property. o4-75-s1 - 4 - Responding to Mayor Hawks Mr. Bova stated that the Board h,|t that if the commu- nity could raise an additional *10'000' the program would be safe. He noted that if the $10,000 can be raised, it will show a community commitment for the program. con- tingent upon good summer weather and a successful festival. He stated that the Board feels relatively safe in committing that $5,000, based on the past few years' festivals. He then stated an additional $5,000 will be granted to the City for actual improvements to the park, and for other activities related to parks, from their current budget. Mayor Hawks requested that discussion on how to respond to the challenge grant be placed on the agenda prior to determining how to proceed with the program. Responding to the City Manager, Mr. Swenson suggested that these monies could be used to raise monies in a variety of ways; or it could be used to |,vrraQo additional mon- ies from other sources, such as Coal Severance Tax monies. Responding to Mayor Hawks, Mr. Bova indicated that a couple of the Sweet Pea Board members could serve on a short-term task force to determine how to proceed with meeting the challenge grant. The Commissioners then thanked Mr. Bova and Mr. Swenson for their presentation. Ordinance No. 1324 - Salary Ordinance for Fiscal Year 1991 City Manager Wysocki presented to the Commission Ordinance No. 1324, as approved by the City Attorney, entitled: ORDINANCE N0. 1324 ORDINANCE OF THE CITY OF BO2EMAN MONTANA FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE QTY OF BOZBmAwAS REQUIRED BY LAW. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their April I meeting and recommended that it be finally adopted at this time. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1324 revising the salary ordinance for Fiscal Year 1990-91. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp Commissioner Goehrumg Commissioner Frost and Mayor Hawks; those voting No, none. Pledged Securities as of March 31, 1991 In compliance with the provisions of Section 7-6-201 and 7-6-212, M.C.A., Commis- sioner Frost and Commissioner Swanson have examined the receipts of Depository Bonds - s - and Pledged Securities baW by the Director of Finance as security for City funds deposit- ad in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Knapp, seconded by Commissioner Goebrung that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of March »r ' 1991; and a listing of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31 1991 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance CprpnrqWw, 5.25 12/31/93 H30310 /o Trusteed with United Bank of Denver: 5.30 12/31/94 H3031 19,000. 00 Minn. Hgs. Fin. Ag. e. 10 oz/or/ya 74*337 luu Blaine Minn. G0 Tax fnor, 8.10 02/01/97 478054 /oo Saint Cloud, Minn. GO Rfdg 8,25 02/01/97 478025 100 Federal Farm Credit Banks 8,80 03/1E/95 924522 500 ,000.00 Sub-Total - First Security Bank - Bozeman Pledging Agreement: Trusteed with United Bank of Denver: Student Loan Marketing Assn Variable 08/24/92 uyTsVy $l ' ono ' ono.nw Trusteed with American National Bank and Trust Co. of St- Paul: Federal National Mortgage Assn 8.e0 02/10/95 664755 500 , 000,00 Sub-Total - Repurchase Agreement TOTAL - First Security Bank - Bozeman $2,300,000.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation 1L_ 10 m , V 00 . 00 Trusteed with Federal Reserve Bank or Minneapolis: Trout Creek, MT Sch, Dist. #8 of Sanders Co. Sohnof 0dg, Bd. 5.25 12/31/93 H30310 /o 5.30 12/31/94 H3031 19,000. 00 5.35 12/3:/95 B30312 19 ' 000.08 Flathead Co. 5D #44 (Whitefish) 5.20 01/01/96 H943 120 , 000.00 TOTAL - Montana Bank - Bozeman $ 177,000.00 V4-15-9l - s - This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207 M.C.A. have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the American Bank and Trust Company of St. Pau( and the United Bank of Denver for the Depository Bonds held by the Director of Finance as secur- ity, for the deposit for the City of Bozeman funds as or March al 1891 by the several banks of Bozeman and approve and accept the same. ROBERT L. HAWKS, Mayor JOE R. PM7T, Commissioner JAMES L. GOEHRUNG, Commissioner BEVERLY H. KNAPP, Commissioner TIMOTHY SWANSON, Commissioner The motion carried by the following Aye and No vote' those voting Aye being Commission- er Knapp, Commissioner Gnohrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting mn none. Discussion - FYI Items Informa- tion" items. (1) Memo from the Planning staff, dated April 12, inviting the Commissioners to attend a presentation on the southeast quadrant transportation study, which is to be a part of the Planning Board meeting. regard- ing the new garbage program. The City Manager noted this letter has been forwarded to Director of Public Service Phill Forbes for response. (3) Agenda for the City-County Planning Board meeting to be held at 7:0O p.m, on Tuesday, April 16, in the Commission Room. (4) A copy of the "Street Tree and Park Tree Inventory, Analysis and Rec- ommenclations," as prepared by Mr. Dick Pohl. The City Manager noted this report has been scheduled as a work session dls- nusuion item on April ay. (5) Memo from the Montana League of Cities and Towns, dated April 11, request- ing that letters be forwarded regarding SBI15. The City Manager noted that letters have been prepared for the Mayor's signature and forwarded to the local Representatives. ow—l5-el - 7 - (G) Memo from Jeff Rupp. 1542 South Grand Avenue, dated AprH 75 regarding the City's 1e91 sidewalk program, (7) Agenda for the County Commission meeting to be held on Tuesday, April 16. (8) Letter from Martha Drysda(u, 1408 South Black Avenue dated April |l re- questing that the sidewalk along Tamarack Street at the corner of North Grand Avenue be installed next to the curb, (9) Minutes of the March 18 1991 Bozeman Area Bicycle Advisory Board meet- ing. (10) The City Manager submitted his weekly report, as follows. (l) On Saturday met with members of the W|RA officials to n,|k about extension of the CNFR contract. (2) City crews have conducted snow removal activities during this past week. (3) S3115 is du* on the floor of the house either today or tomorrow. (u) Reminder of Clean Up Bozeman Day scheduled for Saturday at o^un a.m. at Bogert Park where the Mayor will make a brief presentation. A/ao, u reminder that Saturday is free dump day to those showing they are Bozeman residents. (5) Matnoy-Frantz has reviewed the MRL agreement and is in contact with MRL regarding the work plan for abatement of the asbestos contami- nation. (6) The sidewalk selection committee is presently negotiating with their first choice firm. (7) Next week staff should be prepared to provide an update on the status of the zone code finalization process. (71) The City Manager reminded the Commissioners that they are to contact the Clerk regarding their intentions to serve as parade judges, including spouses. Commis- sioner Gmohrung noted he will participate if he is in town; Commissioner Frost indicated his wife will probably participate as we/|. (lz) The City Manager noted that, besides the southeast quadrant transportation study presentation here tomorrow night there is also a downtown lighting meeting scheduled at Don McLaugh(in'o office at the same time. He suggested that Commissioners cover umt» meetings. Commissioner Swanson, Commissioner Gvehrong and City Manager Wysocki indicated their intent to attend the lighting meeting; Commissioner Knapp' Commis- sioner Frost and Mayor Hawks indicated their intent to attend the Planning Board meeting. (13) The City Manager announced that Mayor Hawks has received a letter indicat- ing that our clerical people, not covered by any other organization, have petitioned for consideration for becoming a part of the Montana Public Employees Association. The City has five days in which to respond to suggest how the pennon should read and then a vote must be taken within twenty days. Results of the vote will be known by the State who will serve as the election administrator. Currently talking about those individuals who do not supervise. Mayor Hawks asked if those non-supervisory City employees have the right to peti- o4-15-91 - V - tk/n to be associated with State employees and under their guidelines? The City Manager noted they would be o !oow/ unto themselves. The City Attorney stated that employees have the right to be represented by a bargaining agent. He noted the one which they have contacted is the MPEA' (14) The City Manager suggested that next week's meeting begin at 2:30 or 3.00 p.m. since the City Commission will be meeting in work session with the County Commis- sion at 4:00 p.m. He noted that would allow the Commission adequate time to complete its agenda items prior to that scheduled work session. Mayor Hawks requested that public notice be placed in the newspaper. It was moved by Commissioner GoehrunQ seconded by Commissioner Frost, that the Commission temporarily after its meeting time to 2:38 p.m. for the meetings of April 23 and April 29. The motion carried by the following Ay* and No vote: those voting Aye being Commissioner Gvchrung Commissioner Frost, Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting No none. (15) Commissioner Goehrung stated he has received a telephone oa/| complaining about the use of off-road vehicles on Peet's H/1|. He suggested the possibility of posting or fencing in place to eliminate that problem. The City Manager indicated that he has sent a notice to the pn|icm Department ask- ing them to review that problem. (16) Commissioner Goohrung indicated that the ad hoc recycling committee will he forwarding recommendations for Commission consideration at next week', meeting. (17) Commissioner Frost noted that he met with the sidewalk committee last week and decided on the priority of contractors. (ln) Commissioner Frost submitted a brief report on the transportation planning seminar which he recently attended in San Francisco California. He noted that traffic congestion is not new, going back to the Roman Empire. He �L') L21 �? noted that in 1917 the average speed was �'�i|e'sper hour; in 1936 it was 10 mph; and in 1986 it was still lo nd/em per hour. Basic facts in traffic congestion were that if you re- ow,a congestion, use will go up; and most congestion is caused by more vehicle trips per household. He noted that this suggests a need for behavior modification. He stated that at the present time 90 percent of those who drive to work can park free. The Commissioner stated that |anu use and transportation are tied together and must be used in concert, with those policies being considered simultaneously. He also not- ed that impact fees are needed to ensure that developers participate in the costs of trans- portation. Commissioner Frost then showed the Commissioners the stack of information which he gathered at the smnioer including a study done by o firm in Kansas City for !and use n*-n-ex -9- zoning laws. He then noted that the Maryland federal court determined m land use mora- torium was legal, with transportation systems to be installed prior to growth. The Commissioner stated the last topic was land use clustering, noting that cluster- ing will not work unless the regulations make it extremely difficult to develop outside those duster areas. He also noted that clustering will not help transportation problems but will make more intensive nodes along a transportation system that may not +nrh already. The Commissioner then stated that sidewalks and bike paths must he included in any transportation plans. He stated one individual noted that a four-lane street is a scar on the community and serves to divide that community. He then noted the importance of humanizing streets and making them safer for pedestrians through use of islands, and pos- sibly extending curbs at intersections to alleviate the potential of parking there. He noted that mixed use development is becoming more important, with interior pedestrian and bicy- cle transportation. He noted that at the present ti urban areas are set up without any thought for bicycle traffic; and one must travel to reach any desired service, such as an eating establishment. Commissioner Frost noted that in fast growing areas, such as the area around opzwman, transportation issues must be addressed by both the City and the County. He noted one suggestion was that a representative from each of the governmental entities serve on a committee to address that issue. He stated that in this area that might work while in southern California, that suggestion would generate an unworkable size of commit- tee. Commissioner Frost noted that the problems discussed at this seminar were the same as those incurred locally; they are just increased ,o that a $70 problem becomes a $7 billion problem, with many different entities involved. He stated appreciation for the fact that those problems are being addressed at this time, rather than waiting until they be- come major prob|*ms. Responding to Mayor Hawks, Commissioner Frost stated it is entirety possible that the Commission will need to consider amending its master plan once the transportation study has been completed. Commissioner Frost then gave information to the City Manager, which is to be for- warded to specific staff members. (19) Commissioner Swanson submitted the following. (1) Drew Commissioner at- tention to the minutes of the BABAB' and the "ride to work or school day" scheduled for Friday. He noted the City Manager has indicated that he will peddle by Commissioner Gwansvm's house at 7:30 a.m.; and they will go to the N«|d Flour Bakery for breakfast. He then invited any other interested Commissioners to meet them for breakfast. (z) An- nounced that he will be out of town on Saturday, when the Clean Up Bozeman activities o4-15-91 -10- will be taking place. However, he will work Thursday afternoon, provided the ,now is off the grass. (y) Talked with Tod Mathis on Friday afternoon regarding the airport; and he was very complementary or the Airport's relationship with the City's Fire Dvparunemt, ask- ing that information be passed along to the Fire Department. He then suggested an up- date from Mr. Mathis on what is happening at the airport. (A) He encouraged the Com- missioners to listen to the tape from the San Jose Environmental Affairs Office. He then expressed o desire to have Director of Public Service Forbes and some or his engineering staff to listen to the tape to determine if any or the program elements could he used local- ly. (20) Commissioner Knapp submitted the following. (1) Welcomed the Young American Bowlers Alliance state bowling tournament on Saturday, which was the opening day of a tournament that will run over three weekends. (z) Announced that on Thursday, May 9 the Business and Professional Women are having a program on waste disposal. She stated n willingness to make reservations for anyone interested in attending. (8 vic=eu the launching of the new dime machine at the Library on Saturday afternoon . (n) Am- nounccd that the Montana Library Association President for 1992-9�3 will be the City's Library Director, Steve Cottrell. (27) Mayor Hawks submitted the following. (1) Attended the Board of Health meeting on Tuesday morning. The Board has received a letter of resignation from the current Public Health Officer, Dr. King. They will be meeting tomorrow morning at 7:00 a.m. at the Courthouse to discuss possible reorganization of the department and how to proceed from here. (z) Attended the Interagency B,reakfaot on Wednesday morning. (4 Presented a welcome to the N|RA CNFR luncheon on Saturday. (o) Stated that he has re- quested a perking district discussion item on the April zn agenda, noting that other topics of discussion will include the sidewalk program. (5) Noted that he also r000/v*d comment about the four-wheelers on Peet's Hill, stating concurrence with Commissioner Coebrung'y comment that something needs to be done about that problem. (s) Stated he took his fair share of calls about snow removal this past week; and if there is a common denominator in those complaints, it is the people's inability to reclean their driveways after being closed by the snowplows. He then suggested that people mwuW take a delay in, snow removal if they could be guaranteed that their driveways, and sidewalks would not be closed. (zz) Commissioner Onehrong indicated that he will be out of town on Saturday' so he will be unable to participate in the Clean Up Bozeman campaign. Ordinance No. 1325 - by reference the 1987 Edition of the Uniform Code for Building Conservation witR Chapters 4, 5, and 7 deleted except as ter 6 The City Manager presented to the Commission Ordinance No. 1325, as reviewed by o4-l5-9l - ll - the City Attorney, entitled: ORDINANCE NO. 7325 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 80ZEMAN MONTANA ADOPTING BY REFERENCE THE `m7E0T|QN OF THE UNIFORM CODE FOR BUILDING CONSERVATION WITH CHAPTERS 4 o ' AND 7 DELETED EXCEPT AS REFERENCED BY CHAPTER n - HISTORIC S,TRUC- TURE3 REGULATING THE MINIMUM STANDARDS FOR CHANCE OF OCCU- PANCY ALTERATION OR REPAIR OF EXISTING BUILDINGS AND STRUC- TURES AND ESTABLISHING & PENALTY FOR VIOLATION THEREOF. Responding to the City Manager, the City Attorney stated that the City may only adopt that portion of the uniform code which has been adopted by the State; and the State has deleted Chapters 4 S and 7 except as referenced by Chapter n in its adoption of the 1987 Edition of the Uniform Code for Building Conservation. The City Attorney stated, however, that Building Official Kyle Harlan has discovered a g/iche in the administrative process used by the State of Montana. He noted that the City was ordered to adopt the 1987 Edition of the UCeC; and the International Conference or Building Officials, which prepares the codes, has indicated that there is a 1985 Edition, a 1988 Edition and a 1e91 Edition, but no 1987 Edition. He noted that a conversation with the State revealed that they were unaware of that problem; however, they presently do not know how to react to the issue. City Attorney Becker recommended because of the problem he has outlined, that action on this ordinance be delayed until it can be corrected. it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission table action on Ordinance No. 1325 for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner 0och,uog and Mayor Hawks; those voting No' none. The City Manager presented to the Commission the following Consent items. Proclamation - "National Library Week" - April 14-20, 1991 Proclamation - "Poppy Day" - May 11, 1991 Proclamation - "Historic Preservation . Week" - May 12-18, 1991 Commission Resolution No. 2828 - ordering that the following sidewalks be installed as a part of the 1991 Sidewalk Program, as provided for in Sections 7-14-4109 and 7-14-4110, M.C.A. COMMISSION RESOLUTION W0. zozx 8 RESOLUTION OF THE CITY COMMISSION OF THE c|Tv OF BOZeMAw MONTANA, ORDERING THAT THE FOLLOWING SIDEWALKS BE INSTALLED AS A PART OF THE 1991 SIDEWALK PROGRAM, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4170 MONTANA CODE ANNOTATED. Commission Resolution No. 2829 - relating to $352,715 Water System Revenue Bond, Series 1991, authorizing the issuance and awarding the___safe - 12 - thereof; authorize execution of the necessary documents COMMISSION RESOLUTION NO. 2829 RESOLUTION RELATING TO $352,715 WATER SYSTEM REVENUE BOND, SE- RIES 1991; AUTHORIZING THE ISSUANCE AND AWARDING THE SALE THEREOF. Award bid for removal of and e above- ground tanks - Authorize appraisal of approxi cemetery land - Apprai land Trust Fund Claims It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Consent Items as fisted, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commission- er Goehrung, Commissioner Frost and Mayor Hawks those voting No, none. Recess - 4:35 p.m. Mayor Hawks declared a recess at 4:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Public hearing - Commission Resolution No. 2826 - intent to vacate 30- foot -wide by 280 - foot -long access strip adjacent to Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second Addition (adjacent to Darigold) This was the time and the place set for the public hearing on Commission Resolution No. 2826, as reviewed by the City Attorney, entitled: 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. Mayor Hawks opened the public hearing. City Manager Wysocki reminded the Commission that this proposed vacation involves a 30- foot -wide access strip located along the west right -of -way line for North Seventh Av- enue as it fronts along property owned by Country Classics Dairies, Inc., which does business locally as Darigold. He further reminded the Commission that this subject parcel rground storage TMC, Inc., Boze mately 40 acres sal Services; au tanks and installation of an, $59,431.48 ° Burke property and the , iorize expenditure from Park- 04 -15 -91 -n3- is one of the parcels involved in a land trade between the City and Dar|go/d to aUmw de- velopment of the Sculpture Park as proposed by the City's Beautification Committee. The City Manager read into the record a letter of support received from Emily Swanson, Beautification Committee, for the proposed vacation and the subsequent land trade which is anticipated to create the Sculpture park. Mr. Keith Nye, General Manager of Darigold, indicated a willingness to respond to questions; however, no questions were asked. No one was present to speak in opposition to the proposed public right-of-way va- cation . Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct staff to bring back an ordinance vacating the above- described public access strip' for consideration at next week's meeting. The motion car- ried by the following Ay, and No vote: those voting Aye being Commissioner Knapp' Com- missioner 0vehrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting Nn none. Adjournment - 7:04 p.m. There being no further business to come before the Commission at this thnv it was moved by Commissioner Guehrung seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gvahrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks/ those voting No none,