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HomeMy WebLinkAbout1990-10-29 MinutesCORRECTIONS TO MINUTES October 29, 1990 Page 9 - Line 15 - delete "substitute" and "mixture" MINUTES OF THE MEET/MG OF THE C|TY COMMISSION BOZEMAN, MONTANA October 29 Yyov The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 29, 1990, at 3:30 p.m. Present were Mayor Hawks, Commissioner Coehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager wysvrk/ City Attorney Becker and Clerk of the Commission Sullivan,. The meeting was opened with the p|cuge of Allegiance and w moment of silence. Mayor Hawks asked if any of the Commissioners wished that any of the Consent /toms be removed for discussion. City Manager Wysocki requested that award of the bid for the Lyman Creek Water Improvements, Phase ||[' be removed for discussion. Minutes - October 9 and October 22, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of October y 1990 be approved as submitted and that the minutes of the regular meeting of October 22 lyYo be approved as am*odod. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Guehrung Commissioner Frost, Commissioner S*aoson, Commissioner Knapp and Mayor Hawks; those voting No, none. Public hearing Appeal of the Planning Board' decision to uphold the decision of the De- velopment Westridge Meadows No. 5 Minor Subdivision This was the time and the place set for the public hearing on the appeal of the Planning Board's decision to uphold the decision or the Development Review Committee on the minor site plan for Lot ZB Wcstridg= Meadows Nu. s Minor Subdivision as requested by Mr. and Mrs. Donald Kre[tz. Mayor Hawks opened the public hearing. Assistant Planner Debbie Arkell presented the staff report. She stated the minor site plan for Lot ZB of Wmstridge Meadows No. 5 Minor Subdivision would allow construction of two tri-plexes and one dup/ox, for a total of eight condominium units at 2500 to 2570 Fairway Drive. She stated that Mr. and Mrs. Kreitz appellants, reside at 2001 Fairway Drive. She noted they have filed this appeal based on existing traffic problems on Fairway Drive. The Assistant Planner then reviewed the history of the sub development, She noted that the Westridge Meadows Planned Unit Development was originally approved under the planned unit development process several years ago; and it has been developed in - z - phases, over the years. The Assistant Planner stated that the Development Review Committee reviewed the minor site plan for this latest phase of Westr/dgm Meadows Planned Unit owvo|opmrmt and approved that plan subject to several conditions. She noted that at the DRC's public hear- ing, Mr. Krcitz spoke in opposition to approval of the plan; and he then appealed that ue- ds/on for approval to the City-County Planning Board. She stated that after conducting its public hearing on this appeal, the Board voted to uphold the DRC decision. She noted that decision was based on the fact that this application is for development within a planned unit development which was approved ycvure| years ago/ and they felt that the traffic is- sues have been adequately considered and addressed during previous reviews of the proj- ect, The Board wa!s, also cognizant of the fact that only one property owner has expressed concern. Assistant Planner Arkd| indicated that the appeal process has been properly followed in bringing this appeal of the City-County Planning Board's decision to the City Commis- sion; and due and proper notice of this public hearing has been published in the newspaper and forwarded to the appropriate persons by mail. She then highlighted the documented appeal which has been forwarded by Donald J. and Gloria W. Krei,r which indicates that additional development of the planned unit development will intensify traffic problems on Fairway Drive since he projects that it will increase the traffic load by 75 to 100 percent, She noted the appeal also proposes alternatives to alleviate the traffic problems and re- quests that an Environmental Impact Statement be required at this time. The Assistant Planner then reviewed the history of the W*stridge Meadows Subdivi- sion and planned unit development, a process which began in 1977 with a zone map change for the office buildings; and in 1981 with a zone map change on fifteen acres for the resi- dential unity. In 1982 an application for a planned unit development allowing the con- struction of 54 dwelling units on 15 acres was approvod, with that development to be con- structed in four phases. msv under approval of the preliminary plat, the entire sub- division was exempted from the requirements to complete an Environmental Impact Statement and a Community Assessment Statement, an option allowed for developments under twenty acres in size. The Assistant planner stated that under in-house review, the developer has received approval to construct four units no Lot zA and eight units on Lot za totalling twelve units in Phase |/[. She noted that under the original approval, twenty units were planned in this phase. She noted that under the zone code four dwellings per acre may be con- structed in an R-1 zone, which is the zoning designation of this subject development. She stated that 37 units have been constructed within this development to cmm*; 8 more are proposed at this time; and the approved planned unit development allows a maximum of 53 10-o;-9u - 3 - residential units. She reminded the Commission that this is less than the oo dwelling units which would have been allowed in v standard single-family subdivision under the zoning or- dinance. Assistant Planner ArknU stated that under the original planned unit development, four office buildings, constructed in phases were allowed at the intersection of Fairway Drive and Kagy Boulevard. She noted that although those buildings have been constructed in a project separate from the Westriuge Meadows Planned Unit Development, one of the conditions was that they he covered by the covenants which have been approved and imple- mented by the Wentridgc Meadows Homeowners' Association. The Assistant Planner then stated that Mr. Kreitz has proposed a second access onto Kagy Boulevard from the Technology Park, along the oast ,iu* of those buildings, with an appropriate break in the median on Kagy Boulevard. She noted that this would require the approval of the State Department of Highways and the Director of Public Service; and the Director has expressed concern about the vehicular conflicts which could arise by such n break in the median. The Assistant Planner reminded the Commission that Fairway Drive is a two-lane paved street which was constructed to County standards; and no parking is allowed on the street. She noted that 37 residential units have been constructed to date; and under the original planned unit development, 76 more may be constructed. She suggested that those additional residential units might increase the traffic load by 50 percent. She stated that during the original review processes, the traffic impacts were adequately reviewed; and no concern was expressed during any of the accompanying puNic hearings. Assistant Planner arke|| stated this appeal has been filed in accordance with Section 18.58.090 of the interim zoning ordinance' She noted the Commission must make a decision to uphold, overturn or modify the decision of the City-County Planning Board following the public bearing on this issue. She then cautioned the Commissioners that it is appropriate to consider and evaluate only tbmau issues relating to the actions taken by the Development Review Committee and the City-County Planning Board on the current application for an ad- ditional eight residential units. The Assistant Planner then briefly responded to questions from Mayor Hawks, clari- fying some of the points which she had made during the presentation. Mr. Donald Kre/tz appellant, stated that he resides at znnz Fairway Drive, which is the closest residential unit to the intersection of Fairway Drive and Kagy Boulevard. He then asked if any further administrative relief is available after this step. City Attorney Recker responded that the Commission is the legislative body; and their decision would be appealable only to the District Court. Mr. Krwitz then road his appeal, which Assistant Planner Arke|| had previously lW-z9-yo - 4 - highlighted. He estimated that the amount of traffic on Fairway or/v= will increase 75 to 100 percent under the proposed plan. He then cited the following as factors which should be considered: the residential development has a higher density than allowed in an K-1 zone; there was inadequate planning for ingress/egress on Fairway Drive; and the office complex is contributing to the traffic congestion. Mr. Knjtz stated that the proposed residential construction will generate highly objectionable traffic and increase hazards. He suggested, therefore, that the secondary access from the cul-de-sac on Fairway Drive be opened and paved to City standards with a barrier to be constructed at the cul-de-sac to force all traffic generated by the new con- struction to utilize that access. He further suggested that the current driveway for the office complex be blocked and that the area he landscaped; and that the exit for that com- plex be provided by a second exit onto Kagy Boulevard, with an appropriate break in the median on the street. Mr. Kreitz also requested that an Environmental Impact Statement be required at this time particularly since the increased traffic on Fairway Drive will cause increased health hazards from idling cars as well as the noise factors. Mr. Kreitz characterized Fairway Drive as a long, narrow private street which ex- ceeds the allowable length for a cul-de-sac street. He also noted that residents back out of their garages onto the street/ and additional traffic could pose a hazard. He pointed out that the speed limit is 15 miles per hour; however, it is rarely observed and is not en- forced. He stated that cars are parking on the street at the Westridge Center because there is not adequate parking in their lot; and this serves to increase the congestion on the street, Mr. Kreitz once again noted that the subject area is zoned R-1 single-family, low- density residential. Mr. Donald Kreitz /hen reiterated the basis for filing of the appeal, which is the in- creased traffic, and associated problems, on Fairway Drive. He also suggested that the original process was flawed because an Environmental Impact Statement was not required. Responding to Commissioner Ouohrung^ Mr. KrciLz stated he owns the first residence on the right as one enters Fairway Drive from Kagy Boulevard. Mr. Clair Daioe, developer for the residential on:bs in Westrid3r Meadows asserted that Mr. Kroitz has filed this appeal because he is upset with the commercial activities in the proximity of his residence' He noted that the subject eight residential units will /o- crease the amount of development by 21.6 percent; and he questioned Mr. Nreitz's conclu- sion that those units will increase vehicular trips by 75 to 100 percent. Mr. Da/nes then noted that he lived in the unit which M,. and Mrs. Kraitr now own; and he recognizes that when employees of the commercial buildings arrive and leave from work, there is a substantial amount of traffic. He suggwstod, bnwm,or that if one were to - s - meauuro the amount of average daily trips on 25-foot-wide streets in the community one would find that Fairway Drive incurs a (ow volume of traffic by any standards. Mr, Daines then reminded the Commission that the R-I zone is the lowest density residential zone in the code; and it allows up to four residential units per acre. He noted that the subject eight units are to be constructed at a density of slightly under four units per acre; and the density of the overaH development is less than three units per acre. Mr. Daines stated he does not feel Mr. Kreitz's request that an Environmentaf impact Statement is appropriate, stating he feels those issues have already been adequately ad- dressed. He then requested that the Commission deny the appeal as submitted, Commissioner Swanson asked if the Planning staff has heard complaints from any of the other residents or if anyone else has come forward in support of this appeal; the Assis- tant Planner responded no other complaints have been filed. Mayor Hawks asked if the projected average daily trips were calculated during the original planned unit development process, Assistant Planner Arkell responded they are not included in the staff report. Mayor Hawks closed the public hearing. City Manager Wysocki recommended that the Commission defer action on this item un- tiJ next week to give the staff an opportunity to prepare the findings of fact upon which to act. Mayor Hawks requested this item be placed on next week's agenda for action. Award hW Water Improvements, Phase U/ City Manager Wysocki requested that action on this item be tabled for a period of one week, to allow staff an opportunity to provide the Commission with back-up information. it was moved by Commissioner Frost, seconded by Commissioner Swanson, that action on this item be tabled for a period of one week to allow staff an opportunity to provide the necessary back-up information. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Fr^st, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Continued discussion - delay of proposed alteration to historic | Michael Torgerson - northeast corner of intersection of West Peach Street and North 4th Avenue; per DRB recommendations The City Manager submitted to the Commission a memo from the Planning staff dated October Js 1990. Planning Director Epple briefly highlighted the contents of the memo. He stated that it appears The North Edge Dairy will remain on the National Register of Historic Places; however, official notification has not yet been mailed. He further noted that Mr. Michael - 6 - Torgorson the applicant, is unable to be present today and has indicated his interest in being in attendance at the Commission meeting when this item is considered. He then rec- ommended that the Commission continue discussion of this item until the November 19 meet- ing, when it is anticipated the official notification will be in hand and when 8*r. Torgerso" may be present. |t was moved by Commissioner Swanson seconded by Commissioner Knapp' that dis- cussion and action on this item be tabled until the November 19 meeting, per staff rec- ommendation. The motion carried by the following Aye and No vote' those voting Aye be- ing Commissioner Swansnn, Commissioner Knapp' Commissioner Gnohrung Commissioner Frost and Mayor Hawks; those voting No none. Commissioner Frost indicated that under this Commission act/on no permit for demo- lition is to be issued before the November 19 meeting. Authori violation of existing sign City Manager Wysocki submitted to the Commission a proposed' letter to Mr. Frank Coyle, Ba|dy Mountain Ski and Supply, for the Mayor's signature. He noted that this let- ter reminds Mr. Coyle of his violation to the sign code. Commissioner Frost stated he disagrees with the letter, and will vote against sending ,t. Commissioner Gvehrunq noted that the [ot~nr provides less than two weeks for re- sponse. It was moved by Commissioner Knapp' seconded by Commissioner Gv:hrung' that the Commission authorize and direct the Mayor to sign the proposed letter to Mr. Frank C=yie, Ba|dy Mountain Ski amd Supply. The motion carried by the following Ay* and No vote: those voting Aye being Commissioner Knapp' Commissioner Go*mrung Commissioner Swanson and Mayor Hawks; those voting No being Commissioner Frost. Letter to County Commission re High Ridge Es tates The City Manager submitted to the Commission a proposed letter to the County Com- mission to be presented as testimony during their public hearing on the proposed High Ridge Estates. He suggested that it °mv|d be appropriate to authorize the Mayor to sign this letter, noting it expresses concern about the traffic impacts this proposed subdivision could have on the City's streets. it was moved by Commissioner Goohrung seconded by Commissioner Frost that the Commission authorize and direct the Mayor to sign the proposed letter to the County Com- mission concerning The High Ridge Estates project. The motion carried by the following - 7 - Aye and No vote: those voting Aye being Commissioner Gnehrung, Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none, Staff report re setting of time date l'ace and fair market values for sale of specified The City Manager submitted to the Commission a memo from the Administrative Ser- vices Director dated October 26 1990. Administrative Services Director Oamradt briefly reviewed the memo after distribut- ing a map showing the location of the lots to he sold in G,aps First Subdivision. He stated that under this proposal, the City will sell seven single-family and five multi-family lots in Valley Unit Subdivision. Also, for the first time, the City will sell five lots in G,af's First Subdivision. He noted one of those is a City-owned lot, which the City purchased after suit was filed based on the fact that the lot immediately adjacent to the water tank was de- valued by that construction. He stated that the other four lots in that subdivision are to be a"|u because the special assessments on those properties have been accelerated; and the balance due is greater than the value of the lot. He noted the owner of those lots has giv- en the necessary deed to allow for sale of those lots without problem. The Director stated that the terms of the sale are to be the same as they have been for past sales, which are as follows: so percent of the purchase price as downpayment at the time of sale; City to carry the balance for o two-year period at an interest rate of a percent; with semi-annual payments to be made in quarters opposite the due dates for taxes and special assessments; no prepayment penalty; and all delinquent special assessments will be written off, but the purchaser will be responsible for all future SID payments. He stated the auction has been tentatively scheduled for ,:oo p.m. on Wednesday, November ao at the OranTree Inn. He also suggested that Mandeville Auction Service and Security Title Company be retained for this auction provided satisfactory terms can be negotiated. Responding to a question from Commissioner 0wchrung the Director concurred that two of the lots in Graps First Subdivision are very large and could probably be subdivid- ed. He noted, however, that the City is not the owner of record; therefore, the City may not pursue the possibility or splitting those lots prior to auction sale. City Manager Wysocki stated that members of the Park and Recreation Advisory Board have expressed possible interest in purchasing the lot next to the water tank since it is also adjacent to Josephine Park and could be utilized as an access point to the park. He suggested that prior to the November zy sale, the City Commission should discuss any potential interest in pursuing purchase of that lot using monies from the Parkland Trust Fund. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Staff report re winter street mainte The City Manager noted that a memo from Street /Sanitation Superintendent Roger S|oz to Director of Public Service PhiU Forbes dated October 24 1990 was included in the Commissioners' packets. The Director of Public Service stated the memo sets forth the proposed winter street maintenance program which will be followed this year. Street/ Sanitation Superintendent Roger Sicz briefly highlighted the contents of the memo. He stated that two additional employees will be available for plowing, sanding and removal of snow as well as sweeping whenever possible, this year. He noted that last year, a substantial amount of dust was incurred from the increased amount of gravel used. The Superintendent stated that this year, he ordered 25 tons of CG-90, an anti- corrosive deicing salt substitute and to date he has received 19 u,na' at a cost of *zns per ton. He stated that hopefully this product will provide the necessary melting action without the harmful corrosion of salt mixed with sand. The Superintendent stated another salt sub- 10-29-90 _ - Comm|ssinn establish the fair market values for lots to be sold at public auction, tuntauwu!v set for 1.00 p.m, on Wednesday, November co vVYV at the GranTree Inn, as follows: Lot 8(vch Subdivision Fair Market Value 1 so Valley Unit $ 2 ` a/ Ya/|oy Unit $ 3 5 31 Valley Unit $ 3,475 6 27 Valley Unit * 3 9 21 Valley Unit ¢ 3.375 z 38 Valley Unit p 3 16 37 Valley Unit * 2 lz 8 Valley Unit $ s 14 8 Valley Unit $ s 4 10 Valley Unit $ 6 9 lO Valley Unit $ 6 lO 10 Valley Unit $ 6 3 5 Graf^s First $/4 4 5 Graf's First $ u 7 5 Graf^s First $14 7 s Oraf's First $ 9 o s Grof"s First $ 650 and that the terms of the sale be set forth as fo|["wo, so percent of the purchase price as the uuwnpaymemt with the balance to be carried by the City for a two-year period at an interest rate of 8 percent/ with semi-annual payments to he made in quarters opposite the due dates for taxes and special auoaoommnta; and with no prepayment penalty; and that Mandeville Auction Service and Security Title Company be retained for said sale provided the fees can be satisfactorily negotiated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Swanson, Commissioner Knapp' Commissioner Ooehrong and Mayor Hawks; those voting wv. none. Staff report re winter street mainte The City Manager noted that a memo from Street /Sanitation Superintendent Roger S|oz to Director of Public Service PhiU Forbes dated October 24 1990 was included in the Commissioners' packets. The Director of Public Service stated the memo sets forth the proposed winter street maintenance program which will be followed this year. Street/ Sanitation Superintendent Roger Sicz briefly highlighted the contents of the memo. He stated that two additional employees will be available for plowing, sanding and removal of snow as well as sweeping whenever possible, this year. He noted that last year, a substantial amount of dust was incurred from the increased amount of gravel used. The Superintendent stated that this year, he ordered 25 tons of CG-90, an anti- corrosive deicing salt substitute and to date he has received 19 u,na' at a cost of *zns per ton. He stated that hopefully this product will provide the necessary melting action without the harmful corrosion of salt mixed with sand. The Superintendent stated another salt sub- 10-29-90 -9- -- st/tutw available is CMA which the city staff has prev considered; however, it is $onn per ton. Superintendent Sicz showed the Commissioners the results of a test which he has re- cently conducted, involving four nails which were placed in different solutions: straight water water with rock salt added, water with CMA added, and water with CC-yo added. He noted that the CC-90 adds a film to the nail which prevents the meta; surface from rust— ing as a result of its contact with the water. Responding to Mayor Hawks, the Superintendent indicated he does not know if this product is available in colors. He noted that a few years ago, he experimented with anoth- er salt substitute which was green; and he received negative response from the public about that coloring. He further noted that product did not provide the desired melting of the ice and snow. Superintendent 5|ca stated his intent to experiment on the one-way streets in the downtown area, using straight CC-yo on one of the streets and using the standard mix of � salt �s-ub5_titcme and sand vv�mtaeOe7ou the other street. The Superintendent stated that he feels therm are alternatives to using rock salt; however, he stated he is also very safety conscious and feels that any alternative used should provide safe driving conditions. He a|ao noted that be has a budget within which he must operate. Commissioner Frost stated that the last time salting of the streets was discussed, it was suggested that the City has possibly used more salt under the present method than it had in previous years. Superintendent S/cz stated that is true because of the quantities of sand now being used. He noted that even though salt has been mixed with sand in the ratio of five or ten percent the amount of sand mixture used has increased so dramatically that twice as much salt was actually purchased and used fast year- He suggested, however, that because of the mixture rather than straight application of sa|t, it is possible that the detrimental ef- fects are decreased. Director Forbes noted that two thing, have changed on the winter maintenance pro- gram. He stated that the salt and sand mixture is now used in the downtown area, rather than straight salt at intersections. Also, the level of service has been increased; and he feels the City is now doing a better job. Street/ Sanitation Superintendent Roger Sicz noted that the dust problem was bad last winter. He suggested that a different typo of sand could be used, possibly 318-minuo washed gravel rather than 3/8-minus unwashed gravel. He noted that the fine materials in the unwashed gravel actually provide better traction and help to keep the gra"vl on the driving surface; however, he stated that all trade-offs must be considered and the best al- 10-29-90 - m - u*rnative used. Responding to questions from Commissioner Swanson the Director noted that the City approached the State Highway Department fast year and encouraged them to use a mix- ture which included only five to ten percent salt on those streets within the city limits which they maintain. Mayor Hawks noted that two years mgv' the Commission discussed establishment of a maintenance agreement with the State which would allow the City to maintain all of the streets with the State paying a specified amount for that service on State highways. He noted that the City was unable to negotiate a satisfactory payment; therefore, no agreement was ever reached. He noted that the next step taken by the Commission was to encourage reduction in the amount of salt used; therefore, the five to ton percent mixture was agreed upon. He stated that he feels the current process undermines that Commission intent' He then asked if the salt has already been mixed with the sand or if there are other alterna- tives which could be considered, like heating the sand so that mixing it with salt is not necessary. The Superintendent responded that the City does not have the equipment for heated sand nor does it have the monies needed to acquire such equipment. Mayor Hawks stated that if this Commission ,covmfirma the action taken by the Com- mission two years ago' then some significant changes moat be made in the winter mainte- nance program. He also noted that removal of snow on Main Street is not done until there is six or eight inches on the ground; and he feels that needs to be reduced to four inches to allow for the continued movement of traffic. The Director reminded the Commission that the City must work with the State since they are responsible for Main Street. He further noted that at the present time the City does not have the staff or the equipment necessary to clean Main Street as desired. He stated that under the present agreement, the State will pick up snow from Main Street twice each year; and the City is responsible for any additional pick ups. Mayor Hawks noted that many of the complaints received by Commissioners during the winter months pertain to driveways being plowed in by the City's trucks. He then asked about using graders on a 16-hour or 24-hour per day basis to keep the streets open without blocking driveways. Superintendent Sicz stated that it takes two graders one 8-hour day to clear the ar- terials, downtown area and subdivisions along Highland Boulevard, where trucks are inef- fective. He noted it is necessary to use trucks with snowplows and sanders to drur the residential neighborhoods, since the City only has two graders. He stated that one of the graders is a 1975 mouo| and is reaching the point that it cannot be rum for sixteen hours a day without some major repairs being needed in the near future. 1n-29-90 - 11 - City manager Wysocki reminded the Commission that the reason that salt is ouveu in with the sand is to keep it from freezing or balling up and not running through the spreaders. He suggested that by the time the sand is actually spread on the street, some of the sa/t's damaging elements may have been spent. Superintendent Sicz stated that last year, he attempted to use some of the sweepings from earlier sanuiogs. He opt*u that after storing those sweepings in one of the dry sheds a portion could be reused; however, some of it balled up in the spreaders. Commissioner Frost stated that conversations with some of the residents in his area revealed that they would encourage more plowing of the streots, indicating that to have cars plowed in and driveways blocked would create no real problems. The Commission thanked the Director of Public Service and Street/Sanitation Super- intendent for their presentation. Work session with Senior Citizen Advisory Board City Manager Wysocki reminded the Commission that they had requested this item be placed on the agenda. The Commissioners introduced themselves, then those Senior Citizen Advisory Board members present, including Esther Barr Harvey Larson and Jean Thorson, as well as Judy Morrill, Director of the Senior Center. Commissioner Knapp thanked the members for their willingness to serve. She noted that this meeting has served to bring the members together for the first time. She then encouraged the members present to establish the time and place for their initial meeting, asking that they ew|rct their officers, determine who is responsible for recording the actions of the board and determine the initial staggering of terms. She also indicated that Assistant to the City Manager Ron Brey will be the City staff member who will provide as- sistance for the board. Commissioner Knapp stated that the first item to be addressed by the board is de- velopment of a management agreement for the Senior Center building. Responding to questions from Commissioner Knapp' Assistant or,y stated that on a longer term basis other items to be addressed by the board include preparation of budget requests to be submitted by mid-March each year/ and consideration of long-range issues such as development of a disaster plan. He noted that this board will be advisory to the Commission on all senior citizen issues. Mr. Harvey Larson nvu,u that the City owns the Senior Center; and it is now free of indebtedness. He noted this board will be responsible for the building as well as the programmatic activities within that building. Commissioner Knapp stated that it is important to maintain a sensitivity to everyone - o- cononnned while recognizing the city's accountability for the building. She noted that the management agreement must be developed while keeping in mind the activities which cur- rently take place in that facUity. Responding to Mr. Larson, Commissioner Knapp stated that the City movers the costs of utilities, maintenance and supplies for the building. AU other costs are covered by the groups and activities which utilize the facility. Mr. Larson noted there are currently 1550 members; and the Center does a tremen- dous amount of good for the community. He noted that in the long-range planning, possi- ble expansion of the building should he considered, particularly if participation in the vari- ous programs increases. Mn. Jean Thorson noted the great amount of enthusiasm that the senior citizens show for any progressive ideas' She noted that the seniors are not lazy; and they want to co- operate with the City as much as possible. Mn. Esther Barr noted that the Center makes a "wonderful second home that isn't as |unmymne as one's own home." The Senior Citizen Advisory Board then set the time for their initial meeting at z:oo p.m. on Wednesday, November zo. The Assistant to the City Manager indicated he will send letters to each of the members reminding them of the meeting time and announcing the location of that meeting. Commissioner Knapp thanked the board members for attending this meeting. Ratify appointment of interim City Jud City Manager Wysocki submitted to the Commission a memo from Commissioner Co*hrung dated October 29 1990' Commissioner Goebrung noted that the possible need to appoint an interim City Judge was discussed at last week's meeting. He stated that, in the interests of ensuring that the jvu/da| process continues to move forward during the transition, he would recommend that Mark Bryan, former City Judge, be appointed for a period of not more than thirty days, beginning November s ' 1990. He noted this will allow the sub-committee adequate time to recommend a new }od8e' with the Commission making the appointment, and for that indi- vidual to attend the required court school during the week of November 72, Responding to questions from the Commission, the City Manager indicated that Mr. Bryan is currently certified and is qualified to sic as the interim City Judge. He then in- dicated that negotiations have not yet been finalized; however, he feels that they will be shortly. He then noted that Mr. Bryan has suggested the possibility of increasing and splitting the number of hours for Court in order to dear some of the cases from the dock- et. 1n-2y-go - 1s - It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission ratify the appointment of Mark A. Bryan as interim City Judge, beginning November 5, 1890 for a period not to exceed thirty days. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Guehrung Commissioner Frost and Mayor Hawks; those voting No none. Discussion - FYI Items Informa- tion" items. (l) Agenda for the Highway Commission meeting to be held in Helena on November o ' 1990. (2) Copy of a fetter from the Parking Commission to the Performing Arts Center committee encouraging them to locate the new facility in the downtown area. (a) Copy of a letter to the Department of Highways stating opposition to the proposed Highways of National Significance program, as signed by the Mayor. (4) A series of three information sheets regarding the impact CI-55 would have on specific groups of people, as prepared by a local individual. (s) Agenda for the Board of Adjustment meeting scheduled for Thursday, Novem- ber 7 at 1:30 p.m. in the Commission Room. (a) Draft of the structure, guidelines and objectives for the ad hoc recycling committee, as prepared by the Clerk of the Commission, along with o memo from Commis- sioner Goehrung dated October zV listing several proposed revisions. Commissioner Goehrung stated that the steering committee met on Thursday night and reviewed the draft structure, guidelines and objectives, and expressed concerns and desires for revisions. He then asked the Commission to review those issues, providing di- rection for revisions to this document so it may be brought back to next week's meeting for further consideration and possible adoption. The Commissioners then reviewed the proposed revisions and comments as contained in the memo. Commissioner Goehrung stated the committee expressed concern about Guideline No. l which specifies no formal funding will be provided' by the City' since they feel monies should be available for mating copies, gathering information for which there may be a charge and making long distance telephone calls. He noted that he has suggested the committee prepare a formal budget if they desire to seek funding; however he noted that the Commission must approve any expenditure of funds. City Manager Wysocki suggested that the Commission autho expenditure of up to /o-2o-yo -10- $5OV by the committee, rather than requiring that they seek approval for every small ex- pmnditurw. Commissioner Onvhrong noted that the committee suggested that recycled paper be used for all of its materials; asked if they should prioritize expenditure of the $so bud- geted for recycling activities; requested a language change from "recycle" to ''reduce re- use and recycle;` and slightly revised the language in Objective No. u. Mayor Hawks expressed concern about the proposed ]w|y T 1991 sunset date for this committee. Commissioner Gnnhrung noted that all of the dates contained in this document are underlined and include question marks, and are subject to revision if determined apprnpri ate. He indicated that he will work with staff in an attempt to determine if those dates are appropriate prior to finalization of this document. The Commissioner then requested that this item be placed on next week's agenda for further discussion and possible finalization. (z) The City Manager submitted his weekly report as follows. (l) He and Mayor Hawks attended the Chamber of Commerce retreat on Thursday. (Z) Discussed qualification and compensation with some of the City Judge candidates this past week. []) Met with staff to review the bids for the Lyman Creek project. (v) Met with staff regarding the Prank Coyle sign issue last week. (5) Met with the Administrative Services Director re- garding the details for the upcoming auction of lots, which is scheduled for November 28. (V) Assessment bills were mailed fast Thursday/ and payments and questions are beginning to come in. (7) The Middle Creek Water Users' Association met last week. (8) Leaf pick-up is scheduled to begin on K8umday' November s. (9) The high ranger is in Billings for repair and maintenance, and should be returned within the next two weeks. (l0) The City is currently watering the asbestos located on the Front Street r/gbt-of-way' in an at- tempt to keep that problem under control. (11) Employees of the Fire and Police Depart- ments encountered a situation which involved meningitis and are now taking the necessary actions to ensure their health and safety. (lz) Attended the meeting in Missoula on Fri- day. (8) Commissioner Frost submitted the following. (1) Attended the Parking Com- mission meeting on Tuesday/ and one result of that meeting was the letter contained in to- day's packet. (z) Received a letter from Joanne Jennings. He noted that at the Com- mission's recent meeting with the Perk and Recreation Advisory Board it was suggested that the Commission meet with representatives from the Fish WUdUQ: and parks Department to discuss maintenance of the East Gallatin Recreation Area. He noted that meeting had been tentatively scheduled for tonight; however, Joanne Jennings has indicated that the meeting is to be rescheduled. (3) Asked when notification is to be mailed to the round table mcm- 10-29-90 -1s- bers; the Clerk responded those letters were mailed on Friday. (8) Commissioner Goehrung submitted the following. (1) Will attend the seminar on solid waste in Billings on Tuesday. Three city staff members and five from the private sector will also be in attendance. (z) The subcommittee to review applications for City Judge mot earlier this afternoon, and is setting interviews for later this week or early next week. He indicated that members of the subcommittee include Steve Ungar' ACLU; retired District Judge Joe Gary; retired Police Chief George Tate; Commissioner Knapp and himself. (lm) Commissioner Knapp submitted the following. (1) Attended the Northern Rockies Computer Expo in Billings on Thursday which was the day set aside for librarians. (J) Attended the meeting with the Missoula City Council on Friday' (3) Did the welcome for the recognition of volunteers which was conducted by the RSVP on Sunday night. She noted that approximately 250 people were in attendance, where the support which volunteers give to the community was recognized. (4) Attended the Library Board meeting, She not- ed the Library Board recognizes its volunteers; however, it has been quite some time since the City has recognized the volunteers which serve on its boards. She suggested it may be appropriate to d^ so in some formal manner in the near future. (s) Will attend the planning committee meeting for the Governor's Conference on Thursday in Helena, as well as the Library Services Advisory Council m*edm0 on Friday. (11) Commissioner Swanson submitted the following, (l) The organizational meet- ing for the Bozeman Area Bicycle Advisory Board has been set for noon on Friday in the Conference Room at City Hall. Building Official Bob Janz has agreed to serve as the staff person for this board. (2) Met with John Williams, who has worked on the Missoula bicycle program prior to the meeting with the Missoula City Council on Friday. (12) Mayor Hawks submitted the following. (1) Attended the Board of Health meeting on Tuesday morning. Topics of discussion included definition of the duties of the Health Officer, which have been reduced in some ways. Also, the beginnings of a mental health program were discussed. (z) Attended the Chamber of Commerce retreat on Thurs- day' noting that the emphasis of the morning session was on creating a vision versus plan- ning. The afternoon was spent in a goal setting process, and the goals set were as di- verse as those set by the City Commission. (s) Feels the meeting with the Missoula City Council was time well sppnt. He muted interest in the work they are doing on a |*ra\ ac- cess channel for television, suggesting a similar program could be beneficial for Bozeman. He nnm,u Missoula is also a good source of information for the bicycle program; addressing parking problems, especially around the campus; and tax increment financing. The Mayor then requested that an item be placed on next week's agenda for Commis- sioner discussion on the joint meeting held with the Missoula County Commission. - 16 - City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No, zoln - adopting the 1990 Bozeman Area Master Plan Update dated October 1990 COMMISSION RESOLUTION NO- 2878 A RESOLUTION OF THE CITY COMMISSION OF THE QTY OF BQZEMAN MONTANA, ADOPTING THE 1990 B0ZEM&N AREA MASTER PLAN UPDATE DATED OCTOBER 1990. "'­— It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, 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 Knapp, Commissioner Onehr"ng Commissioner prpwt Commissioner Swanson and Mayor Hawks; those voting No, non*. Adjournment - 5:34 p.m. There being no further business to come before the Commission at this time' it was moved by Commissioner Goehrong, seconded, by Commissioner Frost, that the meeting he ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung Commissioner Frost Commissioner 3.anson, Commissioner Knapp and Mayor Hawk, those voting No none. 7u-29-yo