HomeMy WebLinkAbout1991-05-13 MinutesCORRECTIONS TO MINUTES
May 13, 1991
Pace G - Line 11 - change "Continue" to "Is continuing"
MINUTES O. — YE MEETING OF THE CITY COMMISSION
BnZEMAN MONTANA
May 13 1097
The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, May /a 1991 at suo p.m. Present were Mayor Hawks, Com-
missioner Ooehruog Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City
Manager Wysocki and Acting Clerk of the Commission Phyllis Woods.
The meeting was opened with the P/uuB* 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. City Manager Wysocki requested that the agreement for pr'pana-
tiuo of design review objective plan be removed for discussion.
M April 29 and Ma
It was moved by Commissioner Ooahrumg yaonndmd by Commissioner Frost that the
minutes of the regular meeting of April zy 1991 be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner
6oehrvn0 Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor
Hawks, those voting No' none.
Mayor Hawks deferred action on the minutes of the regular meeting of May 6, 1991
for a period of one week.
Decision - variances from Sections 18.50.120.K. 18.50.100 and 18.50,120.B.10' - J.C.
Billion, Inc. - Lot 2 ot the Amended Subdivision Plat of Lots 2 and 4, Rearrangement of a
portion of Block 8, West Park Manor, First Addition (1919 West Main Street)
This was the time and the place sat for the decision on variances from Sections
18.50.120.x.' to allow the applicant to pave and park in the required front va,W setback
on North 20th Avenue; 18.50.100 to waive the landscape requirements in said setback;
and 18.50.120.B,10' to waive the requirement for perimeter concrete curb around an nmdrw
parking lot. Those variances are requested by J.C. Billion, Inc. for Lot 2 of the Amend-
ed Subdivision Plat of Lots z and u ' Rearrangement of a portion of Block n of Went Park
Manor First Addition. The subject site is more commonly located at 1919 West Main
Street.
City Manager Wysocki stated that included in the Commissioners' packets was a
memo from City Attorney Becker al'ang with two attachments, including a draft copy o1 the
portion af minutes from last week's meeting pertaining to this matter. The City Manager
noted that the City Attorney was called away on a personal emergency and is not at the
vs-7a-g1
- z -
Atu`rnwy is present to answer qwust|"m, the Commissioners might have.
The City Manager also noted that a /otter from Mr. Billion dated May 13, 1e91 was
handed out just prior to the mewting.
Commissioner Swanson stated he thought it would be wise to wait e week; Commis-
sinner Frost concurred.
Mayor Hawks apologized to the applicant for the do/ay and 'indicated that this deci-
sion would be placed on next week's agenda as the first /ton for action.
A City Ma Agreement between City and Ma L Hinshaw fo
ration of a design review objective plan
City Manager Wysocki reminded the Commissioners that he had requested this item
be removed from the Consent Items for discussion. He then distributed revised copies of
Exhibits A and 8 to the Commission, noting that they reflect revisions to those which were
included in the packets.
In response to p question from the City Manager Associate Planner Kevin Wall star-
ed that Mr. Hinshaw is expected at the meeting.
The City Manager noted that Mayor Hawks requested clarification of the revisions,
which address timing and payment schedules. The City Manager noted that payments will
be scheduled *vntb!y' in response to Mr. Hinnbaw'x invoicing. He noted that corrections
were made in Exhibit B Item 42 stating the City shall compensate Hinshaw one and
one-tenth (1.1) times the actual costs of the reimbursable expenses; however, as stated in
|oam # u ' Exhibit B the total amount shall not exceed $29
It was moved by Commissioner Frost, seconded by Commissioner Swanson that the
Commission authorize the City Manager to sign the Agreement, including the revised
Exhibits A and B between the City and Mark L. Hinshaw for preparation of a design
review objective plan. The mot/nn carried by the following Aye and No vote: those
voting Ave being Commissioner Frvst, Commissioner Swanson, Commissioner Knapp,
Commissioner Goehrung and Mayor Hawks; those voting No, none.
Commission Resolution No. 2,832 establishing tag system fees and other special fees for
garbage collection for Hiscal Year 1991-92; setting public hearing for May 28, 1991
The city Manager presented Commission Resolution No. mzz as reviewed by the
City 4uurn*y' entitled:
COMMISSION RESOLUTION NO. 2832'
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN
MONTANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES
FOR DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOS-
ING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE N0. 1323 OF
THE CITY OFBOZBNAN MUNICIPAL CODE.
0s-10-91
- a -
City Manager Wysocki noted that a letter received this morning from Sharon Harvey
stating opposition to the tagging system was handed out just before the meeting and
should be considered a part of the public hearing process.
Mayor Hawks asked if there was any discussion on this matter; there was none.
It was moved by Commissioner Swmoaom seconded by Commissioner Knapp, that the
Commission adopt Commission Resolution No. 2832 establishing tag system fees and other
special fees for garbage collection for Fiscal Year 1997-92 and setting the public hearing
for May 28 1991. The mot/nn carried by the following Aye and No vote: those voting
Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Uoehrung Commis-
sioner Frost and Mayor Hawks; those voting No none,
Commissioner Swanson stated that he had received inquiries from people asking
about transporting their own grass clippings to the dump for composting.
Director of Public Service Phi|| Forbes indicated that he has asked Superintendent
3iuz to assemble the information needed for considering this option including the possible
need to adjust fees. He then stated that the information will be available before July 1
when the new system goes into effect.
Commissioner Swanson noted that grass clippings are already showing up in Langphr
Park possibly indicating that some people are not aware of the composting prograw. He
then asked when the collection of grass clippings will begin and whether they can be put
out for collection on any day or only on the day for regular garbage pick up.
Director Forbes stated that the co||oot/nn of compostab|e material is scheduled to be-
gin on Monday, May zV and will he picked up on the some type of schedule as last year.
He further stated that he is reviewing information on costs in anticipation of possibly mak-
ing a change on July 1, to provide for cumpostab|* materials being collected an the same
day as normal curbside garbage pickup.
Responding to a question from Commissioner Swanson, Director Forbes suggested
that compost materials be placed in appropriately marked cans or bogs' noting that he pre-
fers cony. He then noted those materials could include grass clippings and small branches
no larger in diameter than a pencil.
Commissioner Swanson stated an interest in having another advertisement regarding
this program placed in the newspaper; the Director cautioned that type of issue will be
addressed by the consultant.
Authorize City Manager to sign (continued) - Agreement between City and Ma L .
Hinshaw for preparation of a design revie objective plan
City Manager VVysochi introduced to the Cvmmbokm Mr. Mark Hinshaw and his asso-
ciate, Co|io Hough-Beck, noting that they have already started their work.
V5-13-o1
- 4 -
Mr. Hinshaw stated that they are presently viewing various locations as the prelimi-
nary groundwork for developing the design review objective plans. He indicated that the
preliminary findings should be available for review by the appropriate advisory bodies in a
month.
Ms. Hough-Beck stated she is a landscape architect and is viewing the city's
entryways from that perspective.
Video and discussion CRASH Legislative P rogram
The City Manager reminded the Commission that they had requested an opportunity
to view this video prior to acting on the 1991 CRASH legislative program.
The Commission then viewed the ten-minute video prepared by the Citizens for Reli-
able and Safe Highways. The video addressed such issues as safety versus economics and
damage to roadways through operation of triple 28-foot or double 45-fbvt tractor trailer
rigs.
Responding to Commissioner Knapp' Commissioner Gnvhrung indicated that triple
28/s and double 45's are presently allowed in less populated areas,, such as Montana.
Responding to Commissioner Knapp, Mayor Hawks stated that CRASH is n grass
roots citizens' nrganizauion. He then noted that the fcuc,a| legislation is being promoted
by the trucking industry,
Commissioner Swanson stated he feels the Commission should got this issue before
the Montana Congressional Delegation: in Washington as soon as possible. He noted that
the Commission is responsible for the health, safety and welfare of the citizens in the com-
munity.
Mayor Hawks noted that the Commission is responsible for the hcaKb, safety and
welfare of the citizens in their jurisdictional area as well as within the city limits.
Commissioner Knapp suggested that a copy of that letter be sent to the State High-
way Department; Commissioner Frost suggested that copies also be sent to the County
Commission.
Responding to the City Manager, Director of Public Service Forbes stated that un-
der State statutes, triple trailers are presently allowed.
/t was moved by Commissioner Knapp, seconded by Commissioner Gvehrung that
the Commission authorize and direct the Mayor to send a letter of support for CRASH to
the Montana Congressional Delegation, with copies to be forwarded to the State Highway
Department and the County Commission. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Knapp' Commissioner Gwehrung' Commissioner
Frost, Commissioner Swanson and Mayor Hawks; those voting No, none.
ms-1s-yv
- 5 -
Discussion - FYI Items
The City Manager presented to the Commission the following "For Your Information"
items.
(1) A letter from Richard and Beatrice HorswU/ dated May x ' thanking the Com-
mission for considering the petition submitted by the South Tracy/South Black
Neighborhood Preservation Committee.
(2) A letter of resignation from the City-County Planning Board and the Design
Review Board submitted by Ralph Johnson, dated May u ^ 1e91.
(3) A letter of resignation from the Board of Adjustment submitted by Jerry
Bancroft dated May 3 1991.
(4) Notice which was published in the newspaper Sunday announcing vacancies
on the Design Review Board, Historic Preservation Ad,/spry Commission, City-County
Planning Board and the Board of Adjustment. The City manager noted that the deadline
for applications is may zz, 19e11.
(s) Notice or the Chamber of Commerce Governmental Affairs Committee meeting
which was held at 7:30 a.m. on Thursday May e at the Baxter Hotel.
(6) Copy of Agreement for use of the Bozeman Sports Complex by the Gallatin
Valley Softball Association. City Manager Wysocki noted that Commissioner Knapp had
found a problem with the expiration date for the insurance coverage. He noted that a
phone call revealed that the Association has paid the premium through July r ' and the
amount or the policy is adequate.
(7) A letter from Steven Ungar on behalf of the Board of Directors of The
Headwaters Academy' Inc., stating the Academy does not desire to renew its lease of the
Lindley Park Center next year. The City Manager noted that this lease amounted to about
ss to 60 percent of the anticipated revenue, and he indicated that discussions will be held
with the Recreation Division and perhaps the Board to determine what sbnw|d be done to
fill the space and find additional revenues.
Commissioner Knapp suggested that since Lindley Park Center is not a recreation
facility per se some thought might be given to expanding the types of use of the building
to possibly include meeting rooms, which are extremely difficult to find in Bozeman.
(o) A copy of the MM|A legislative summary. City Manager Wysocki pointed out
a section of the report on general immunity' noting that perhaps this e/|/ would make
cities um immune. He noted that in certain instances, be might be required to bring to
the Commission requests for monies that can't be accommodated in the budget and ask for
legislative action.
(9) The City Manager submitted his weekly report, as follows. (l) Water level
at Hyalite is good; snnwpacx is 111 percent of normal through the month of April. He
o5-/J-y|
-5-
stated he is assuming that Bozeman Creek and Sourdough are pretty much the same. (z)
Received three responses to the RFQ for the so//u waste program. There will he inter-
views this week and discussions regarding cost with the group that is selected. (») is
continuing to do budget reviews. (4) Blue Cross/Blue Shield has stated a 29 percent in-
crease in premiums. He is reviewing this with the representative to see if any mistakes
were made in that statement. (5) Attended the MM|A meeting last Friday where budgets
were reviewed and adopted. (6) The Police Department will be meeting with pmvp/c about
a movie and the possibility of filming being done an some City streets. This could involve
temporary closing of those selected streets. It will be requested that people |/v/og in the
affected neighborhoods be contacted pp that there are no surprises for them. Any detours
would be manned by Police and posts incurred by the movie company. (7) Continue to
have meetings regarding the Burke property.
(/o) Commissioner Goehrung submitted the following. (1) Will be attending a day
long meeting with the State Solid Waste Bureau tomorrow. (2) Will be giving a presenta-
tion to the Headwaters Academy on Wednesday regarding viewshed issues. (o) Will be sit-
ting in on interviews for the solid waste public information campaigns on Wednesday. (*)
Announced a DBA economic development meeting scheduled from 72:00 to 1:30 p.m, on
Tuesday, May zl 19e7. (x) Stated the alumni dinner for Leadership Bozeman has been
set for Thursday' May 23.
(71) Commissioner Frost submitted the following. (l) Attended the City-County
Planning Board meeting |oyt Tuesday night. {z} Attended the POST committee meeting
Thursday night. (z) Met with Commissioner Knapp on Tuesday concerning the Sweet Pea
grant challenge. He noted that he has asked the POST Committee and the Recreation and
Parks Advisory Board for possible volunteers to chair the committee.
(12) Commissioner Frost stated that twice last week he sat in his car on North
20th Avenue to watch traffic during rush hour. He noted that there was as much traffic
on North 20th Avenue as there was on North 19th Avenue and sugqestmd that a four-way
,top sign be installed on North 20th Avenue at West Beall Street to possibly divert some of
the traffic bark onto North 19th.
(la) Commissioner Frost stated he had been in contact with Catherine Goetz today
and she has finished a canvass of the historic areas and will present recommendations to
the Commission next week. He requested that this issue he placed on next week's agenda.
(I 4j Commissioner Swanson submitted the following. (1) Worked on the Burke
|omd trade last week. (2) Attended the POST meeting on Thursday evening. (3)
Announced that the Montana League of Cities and Towns will have n board mooting on May
31; and they have been asked to recommend someone for the Drought Advisory Council.
He asked the Commissioners to contact him if they know of anyone who could serve.
u5-ls-e1
- 7 -
(15) Commissioner Knapp submitted the following. (1) Prepared n memo seeking
volunteers to coordinate efforts to meet the Sweet Pea grant challenge and forwarded it to
Clerk of the Commission Sullivan, along with a list of interested parties. (z) Attended the
Library Board meeting Friday and heard reports from staff members who had attended the
national meetings. (3) On Thursday attended a presentation at BPW. She noted that one
of the presenters at that meeting was Roger 5icz Superintendent of Streets /Sanitation;
and he did a good job.
(76) Mayor Hawks submitted the following. (7) Attended the POST meeting on:
Thursday evening. (2) Continued to work on the Burke property project. (s) Spent an
hour on the witness stand *bora he was subpoenaed to appear regarding the Harry Grant
proposal. (^) Reminded the Commission about the Wheeler lecture scheduled for Thursday
evening. (5) Talked with the City Manager this morning about the survey on sidewalks
for SID on South Third Avenue. Jim indicated that he would talk to Phil/ Forbes and get
bock to the Commission soon with a suggested district boundary or possible options for
this issue.
City Manager Wysocki stated that he had spoken with Director of Public Service
Forbes and would like him to come in and visit with the Commission to present the pros
and cons.
(17) Mayor Hawks noted that HOME is having an open house and would like to
recognize the Commission for their participation at that time. He mated that he will not be
able to attend and asked if any of the Commissioners would be there. Commissioners
Coebrung and Frost stated their intentions to attend.
(10) Mayor Hawks asked Darla Joyner for a brief report on the Governmental Af-
fairs Committee meeting which was held on Thursday morniug/ she responded with a brief
report.
( Commissioner Frost stated that he had talked with Planning Director Eppfe
concerning the zone code adoption schedule; and requested that it be placed on next
week's agenda.
(m) Commissioner Swanson noted that Ted Mathis Manager of the Gallatin Field
Airport, will be on next week's agenda also.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Proclamation - "National Insurance Women's Week" - May 19-25, 1991
Request for permissionto conduct Torch Run - L����ee Church -
Saturday, June 15, 3:00 p.m. - enter city from 1-90 at North 7th,
Durston, 11th, Main, 19th, Uncoln, 11th, Kagy, Willson, Babcock,
Church to Bogert Park
ns-1s-91
- 8 -
Deviation to allow reconstructed shed to encroach one foot into the north
side yard setback; Certificate of Appropriateness Z FRick
Kerin, 609 South 6th Avenue; per DRB recommendation
Deviation from Section 18.50.110 to allow access from existing curb cut -
Vinnie's Italian Sandwich Shop, 451 East Main Street; Certificate of
A per DRB recommendation
Deviation from Section 18.50.060.13. to allow carport to encroach 4- feet inito
the 15-foot side yard setback; Certificate of Appropriateness - Robert
Adams, 521 South 8th Avenue; per DRB recommendation
Claims
it was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission approve the Consent Items as fisted, and authorize and direct tho appropriate
persons to onmpiete the necessary actions. The motion carried by the fv/[wvinS Aye and
No vote: those voting Aye being Commissioner Cnehrung Commissioner Frost, Commis-
sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none.
Recess 4:34
Mayor Hawks declared a recess at 4:34 p.m., to reconvene at 7:00 p.m. for the
purpose of conducting the scheduled public hearing.
Reconvene - 7:30 p.m.
Mayor Hawks reconvened the meeting for the purpose of conducting the scheduled
public hearing,
Since this portion of the meeting was for the purpose of conducting a joint public
hearing with the School Board of Trustees for School District No. 7, it was held in the
Board Room at the Junior High School.
Those present included Mayor Hawks, Commissioner Goehrung, Commissioner Frost,
Commissioner Swanson, Commissioner Knapp' City Manager Wysocki, and Acting Clerk of
the Commission Woods from the City; and Chairman Wayne Jennings, Vice-Chairman Dennis
Hard/n Jerry Cashman Jim Screnar Marty Weaver, John Sandrii*y=r Kathleen Coles,
Denise Tuohy, Kathy Rinker and Superintendent of Schools Paula Butterfield from the
School District.
Public hearing Commission Resolution N^ zno intent to trade COS No J 9z A in Val
ley
parkland in Vafley Subdivision for Christie Fields)
This was the time and the place set for the public hearing on Commission Resolution
No. 2825, as reviewed by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2823
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
MONTANA, STATING ITS INTENT T0 TRADE PROPERTY HELD BY THE
CITY OF oOZEMAW FOR PROPERTY HELD BY SCHOOL DISTRICT NO. r
WHEREBY THE CITY OF BOZEMAN WILL GAIN OWNERSHIP OF CHRIST/E
FIELD AND 8OZBmAN SCHOOL DISTRICT m8. 7 WILL OBTAIN OWNERSHIP
os-13�-o1
- B -
nF TRACT z AS DESCRIBED BY CERTIFICATE OF SURVEY NUMBER
J-92-A, IN THE VALLEY UNIT SUBDIVISION.
School Board Chairman Jennings opened the public hearing.
City Manager Wysocki briefly highlighted the issue noting that the parcels involved
in the proposed land trade in6wu* a 10.9-ncrn tract of undeveloped parkland in the Valley
Unit Subdivision and a 6.5-acre tract that has been developed and is commonly referred to
as "Christie Fields,"
Mr. Darrel Behrent, 208 Lindley Place, spoke in support of the proposed land
trade. He noted that Christie Fields was built almost totally with volunteer |aupr and has
provided a much needed facility for the community's youth to play and learn. He stated
this proposed /and trade shows that the City' as well as the School District, is interested
in the community's youth.
Mr. Don Taylor, President of the Bozeman Baseball Association, commended the City
and School District for considering this land trade and encouraged completion of the
prucess.
Dr. Ken Tiahrt noted that only a fence separates his property from Christie Fields.
He noted that in addition to baseball, other groups use the facility, including softball,
soccer and cross country skiing. He then stated he is strongly in favor of this proposed
land trade.
City Manager Wysocki noted the Commission has received a letter of support for the
land trade from Anne Fowler Anderson, owner of the property at 1502 South Black
Avenue dated May 3 1991.
Mo one was present to speak /n opposition w the proposed land trade.
School Board Chairman Jennings closed the public hearing.
City Manager Wysocki reviewed the contract inclusions proposed for the agreement
as follows:
The School District will:
1. Relinquish any right to Tract l of Certificate of Survey J-92-A and
file appropriate documents with Gallatin County Clerk and Recorder.
2. Maintain approximately eight (0) acres of Tract 2 of Certificate of
Survey J-92-A as a school/park area for the community.
3. Begin to dove/op the balance of school site in a pa:rk-like manner
within three (3) years after construction of a school,
v. Cooperate with the City of Bozeman to locate school on site to allow
for parking lot expansion to serve both Tract x and Tract z or
Certificate of Survey J-92-A'
s. Hold and develop Tract z of Certificate of survey J-92-A as a
school/park site or give the City first right of refusal to repurchase
at the current appraised value.
s. Convey Christie Fields to the City of Bozeman in exchange for Tract
7 of COS J-92-A.
ns-1s-9{
- 70 -
7. School District will control the growth of vegetation on Tract z COS
J-92-A.
The City of Bozeman will:
]. Maintain Christie Fields in a park-like setting.
z. Assume the balance of S/D'n to be paid on Christie Fields.
3. Convey Tract 2 of COS J-92-A to School District #7 for a school/park
complex in exchange for Christie Fields.
4. Work co-operatively with School District #7 to develop parking lot for
Tract I adjoining parking lot on Tract z when appropriate.
3. City of Bozeman intends to develop Tract I of COS J-92-6 as a park'
to include a plant and tree nursery for City use.
6. Make the nursery area available occasionally for educational study for
the future school.
Responding to the School Hparu the City Manager indicated there are no special
improvement district assessments against the parcel in Valley Unit Subdivision.
Further responding to the School Board the City Manager stated that if the School
Board determines a different parcel is needed as a school site the City has first right of
refusal. He then noted that the City Commission must decide the issue at that point in
The School Board took action on this item as follows: It was moved by Jim
S;runar omovndod by Dennis Hardin, that the School Board approve the [and trade as
proposed. The motion curried unanimously.
The City Commission uvnk action on this item as follows: It was moved by
Commissioner Swanson seconded by Commissioner Knapp' that the Commission waive the
customary one-week waiting period. The motion carried by the following Ay, and No vote:
those voting Aye being Commissioner Swany"m, Commissioner Knapp, Commissioner
Gnehrwng' Commissioner Frost and Mayor Hawks; those voting N^ none.
It was moved by Commissioner Knapp' seconded by Commissioner Front that the
Commission authorize and direct staff to proceed with the next step in the land trade.
The motion carried by the following Aye and No vote; those voting Aye being
Commissioner Knapp' Commissioner Frost Commissioner Swanson, Commissioner Gnehrung
and Mayor Hawks; those voting No none.
Ad journment
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost seconded by Commissioner Swanson, that the meeting be ad-
journed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost Commissioner Swanson Commissioner Knapp' Commissioner Coehrung
and Mayor Hawk,; those voting No none.
n5-7a-S1