HomeMy WebLinkAbout1989-05-22
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN , MONTANA
May 22, 1989
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, May 22, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis-
sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City
Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes
Action on the minutes of the regular meeting of May 15, 1989 was deferred for a
period of one week.
Award bid - one 1989 sanitary landfill compactor
This was the time and place set for opening of bids for one 1989 sanitary landfill
compactor for the Sanitation Division. The City Manager reminded the Commission that this
item has been budgeted in the Capital Improvement Program.
City Manager Wysocki submitted to the Commission a memo from Director of Public
Service Phil! Forbes requesting that action on this item be deferred for a period of one
week to allow the staff an opportunity to receive written clarification on the bids submit-
ted. The City Manager noted that the City has thirty days to award the bid and recom-
mended that the Commission approve this request for deferral.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that
action on this item be deferred per staff request. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull,
Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none.
unit de-
Blocks 2,
This was the time and place set for the decision on the Conditional Use Permit re-
quested by Ken LeClair to allow construction of a planned unit development containing 32
condominium units and 4 single-family detached homes on Blocks 2, 3, 4 and 5, in Graf's
First Subdivision, Second Filing, and is more commonly known as 1755 Highland Boulevard.
City Manager Wysocki distributed to the Commission a letter from Beverly and Larry
.
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Wallace, 1228 Cherry Drive, noting it was just received today. Mayor Stiff noted the Com-
missioners individually received a letter from Ruth L. Stoneman, no address given, dated
May 18. The Commissioners concurred that, since these letters were received after the
public hearing was closed, they cannot be considered during the decision-making process.
City Manager Wysocki reviewed the issues and concerns raised during the public
hearing. He stated that the drainage plan for the site must be submitted to the City En-
gineer for approval, along with a certification that the plan will work. He then indicated
that access to Josephine Park was a primary concern. He proposed that, rather than ve-
hicular access from Kenyon Drive, the Commission may wish to allow pedestrian access
along the north edge of the property from Highland Boulevard. He noted that a turn out
and parking area could eventually be provided along the west side of Highland Boulevard,
with people then being able to follow a trail easement to Josephine Park, thus connecting
to the trail along the ridge across the Bozeman Deaconess Foundation property. He noted
that people could walk the loop thus provided, returning to their vehicles without crossing
Highland Boulevard.
The City Manager stated that. to accomplish this proposal, he would recommend that
the City obtain a 12-foot easement from the applicant. He suggested that eventually the
City could request a 6-foot easement from the property owner immediately adjacent to this
easement, and return 6 feet of the original easement to the applicant. He then stated that
he has been unable to discuss this proposal with the applicant's representative; therefore,
he does not know if this alternative is acceptable.
Commissioner Vant Hull referred to the memo from the Recreation Advisory Board
dated May 10, in which they recommended that a 15- to 20-foot trail be provided along the
northern boundary of the subject property. She then stated support for that proposal,
suggesting that the Commission require a 20-foot easement rather than the 12-foot easement
proposed by the City Manager.
Commissioner Vant Hull then stated that Director of Public Service Forbes submitted
a memo dated May 15, in which he proposed that the utility easement could possibly be
moved to the northern boundary line also, thus widening the strip which could be used for
park access. The Commissioner then suggested that the conditions for approval be revised
to reflect relocation of the utility easement as well as this proposed pedestrian access to
Josephine Park.
City Manager Wysocki reminded the Commission that the trail is 12 to 13 feet wide
along the ridge. He stated that his proposal for a 12-foot trail would provide a trail of
consistent size from Highland Boulevard, through Josephine Park and along the ridge. He
then noted that a 12-foot trail is wide enough for people to meet when walking. The City
Manager then concurred that the utility easement could be relocated to the northern
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property boundary as well; however, he noted the trail could be located in a 12-foot strip
of that easement.
Commissioner Vant Hull stated it is important that the trail be well marked and well
defined so that people know its location and boundaries.
Commissioner Hawks asked for staff recommendation concerning relocation of the
utility easement.
Assistant Planner Arkell stated that previous discussions about relocation of the
utility easement were limited to Josephine Park. She then indicated that the utility ease-
ments addressed in the recommended conditions for approval of this application refer to
those utilities which will serve the individual lots in Block 3. She then noted that those
utilities are to be located in the streets under this proposal.
Commissioner Martel noted that Josephine Park has been designated as a passive
park rather than an active park; therefore, vehicular access is not a necessary require-
ment. He then suggested the possibility of access from Kenyon Drive, where the distance
to the park is only the size of one lot. He noted that vehicles could park along Kenyon
Drive, rather than along Highland Boulevard. He suggested that it could be located along
the utility easement in that area. The Commissioner then suggested that the location of
the utility easements be mutually agreed upon by the Director of Public Service, Park Su-
perintendent, Recreation Advisory Board and the developer, rather than the Commission
establishing a location which may not be the most suitable.
Assistant Planner Arkell reminded the Commission that the recommended conditions
include an easement for vehicular access from Kenyon Drive. She noted the Recreation
Advisory Board has suggested an alternative pedestrian access from Highland Boulevard
which will connect with the existing trail across the Bozeman Deaconess Foundation proper-
ty.
Commissioner Vant Hull stated she does not feel vehicular access is needed to
Josephine Park. She then noted the area is used extensively by walkers, joggers and
cross-country skiers; and she feels a 20-foot trail, as recommended by the Recreation Ad-
visory Board would adequately meet those needs.
Commissioner Goehrung stated support for an easement for pedestrian access from
Highland Boulevard to Josephine Park; however, he noted the width of the easement is
open for discussion. He then expressed concern about providing vehicular access to the
park from the west.
City Manager Wysocki reminded the Commission that Kenyon Drive is closed after
8:00 p.m., except to the local residents. He indicated that to encourage vehicular access
to the park through that street will require the Commission to make a conscious decision to
change that provision. He stated that his suggestion to access the park from Highland
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Boulevard accommodates the community's needs while minimizing the vehicular impact on
those roads in the immediate area. The City Manager then reminded the Commission that
Josephine Park Is subject to the provisions of the recently-adopted park ordinance; there-
fore, it closes at 11: 00 p. m.
Mayor Stiff stated support for the City Manager's proposal. He noted it will elimi-
nate many problems which could occur; and it will eliminate parking on Kenyon Drive.
The Mayor then asked if the entire width of the trail easement is to be provided on Mr.
LeClair's property or whether half of it will be from his property and half of it from the
Bozeman Deaconess Foundation property.
Commissioner Vant Hull noted that the linear park is 15 feet wide; and she feels it
could be wider. She once again encouraged the Commission to accept the Recreation Advi-
sory Board's recommendation.
Commissioner Martel expressed concern that the Board's recommendation does not
include input from the City staff or management.
Commissioner Hawks asked if requiring a trail easement on Mr. LeClair's property
will change the setback requirements for the project.
Assistant Planner Debbie Arkell stated that the trail easement will be located in the
25-foot setback area and will not affect the setback requirements since it does not change
the boundary of the property.
Mr. Mike Money, applicant's representative, asked If designation of a trail easement
along the northern boundary line will cause the applicant to follow the regulations imposed
for the linear park. The City Manager responded that it will not because this is an ease-
ment, not a dedication of parkland.
Mr. Money then reminded the Commission that the patios for units along this edge
of the property are located 25 to 30 feet from the property line. He noted that to require
a trail easement along the northern boundary will place the trail within the setback; and
residents may not like having a 15- to 20-foot trail that close to their patios and so dram-
atically decreasing their back yards. Mr. Money then stated it is important to know where
the easement is to be located so the developer can plan his landscaping accordingly.
Commissioner Martel noted that the proposed easement must be a perpetual one for
trail purposes only .
Commissioner Hawks expressed concern that, since the trail is not considered a
park, it could become a 12-foot-wide trail with 8-foot fences on both sides.
Mr. Money noted the developer does not plan to install any 8-foot fences. He re-
minded the Commission that all of the units are oriented to views of the Bridger Moun-
tains; and a fence would obstruct that view.
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Break - 2:38 to 2:40 p.m.
Mayor Stiff declared a break from 2: 38 p. m. to 2: 40 p. m., to allow the Commission
an opportunity to seek clarification from the City Manager and the City Attorney.
City Manager Wysocki reiterated his reason for recommending a 12-foot-wide ease-
ment for the trail, noting that is consistent with the remainder of the trail. He then re-
minded the Commission that they may overturn any advisory body recommendation; and in
fact, in the past they have overturned the Zoning Commlssion's recommendations.
The City Manager then reminded the Commission that the Planning staff recommend-
ed approval of this application, subject to fifteen conditions; and, following its public
hearing, the Zoning Commission recommended denial.
Commissioner Vant Hull stated she feels a minimum of 15 feet is necessary for the
trail, noting a wider one would be better.
Commissioner Goehrung indicated support for a minimum 15-foot trai I easement. He
suggested that the developer be required to provide a 15-foot easement at this time; how-
ever, he further suggested that it may be appropriate to seek a 10-foot easement along the
south edge of the Bozeman Deaconess Foundation property immediately adjacent to this
easement, at which time five feet of Mr. LeClair's easement could be returned to him, leav-
ing a 20-foot trail from Highland Boulevard to Josephine Park and tying to the rest of the
ridge trai I.
Commissioner Hawks stated he feels it is inappropriate to establish an easement,
then decrease its size after the developer had done his landscaping and screening. He al-
so noted that to require a 15-foot easement would be inappropriate because of the amount
of rear yard space involved.
Commissioner Vant Hull then suggested that a new Condition No. 12 be added,
requiring "that mature and tall growing vegetation shall be installed where the three-unit
condominium buildings are built to provide buffering for existing and future single-family
residential developments to the north and south of the subject site." She noted this
proposed condition is rather broad, to provide the developer with a substantial amount of
flexibility in meeting its intent.
Commissioner Martel stated that concerns expressed during the public hearing per-
tained to blocking the view for eXisting residential structures. He noted that to require
tall, mature vegetation to be planted for screening could further block the view.
Mayor Stiff cautioned that trees that seem nice and large and cozy now can grow to
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become enormities and overbearing.
City Manager Wysocki suggested that the Commission not require that the utility
easements be relocated to the northern property boundary, but leave the condition as
written. He noted that access to Josephine Park could be revised, however.
It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that
the Commission approve the Conditional Use Permit requested by Ken LeClair to allow con-
struction of a planned unit development containing 31 condominium units and 4 sin-
gle-family detached homes on Blocks 2, 3, 4 and 5, In Graf's First Subdivision, Second
Filing, subject to the following conditions:
1. The subdivision application for the rearrangement of Graf's First Sub-
division, Second Filing, be given final approval before final site plan
approval;
2. The final site plan shall Include Block 2 of the P. U. D., and must
show snow removal areas. A fence detail, lighting detail, and sign
detail shall be reviewed and approved prior to final site plan ap-
proval, and shall be shown on the final site plan. Stop signs shall
be placed at internal intersections at locations approved by the Direc-
tor of Public Service;
3. The Protective Covenants and By-Laws must conform with Section
70-23-102 et seq., M. C. A., and Section 18.54 of the Zone Code, and
must be reviewed and approved by the Planning Director prior to fi-
nal site plan approval;
4. The water and 8-inch sewer mains must be designed by a licensed en-
gineer and will be public mains to provide services according to City
standards and policies. A 30-foot utility easement shall be provided
for these mains;
5. A detailed grading and drainage plan must be reviewed and approved
by the Director of Public Service prior to final site plan approval.
Site grading will accommodate overflows from the water tank, keep
site drainage off Highland Boulevard, accommodate the lower-
ing/widening of Highland Boulevard adjacent to the site, and allow for
the maintenance of 6-1/2 feet of cover over the existing 20-inch water
main;
6. An engineered pavement section shall be submitted and approved by
the Director of Public Service prior to Final Site Plan approval;
7. A Waiver of Protest for S.1. D. 's for Improvements equal to one-half of
a local street standard to Highland Boulevard shall be signed by the
developer, or the improvements shall be installed prior to occupancy;
8. Kenyon Drive must be developed to City standards before Phase 5 is
developed. These improvements shall be reviewed and approved by
the Director of Public Services;
9. The exit onto O'Connell Drive shall be designed by a professional en-
gineer, and the plans shall be reviewed and approved by the Director
of Public Service prior to final site plan approval. A Waiver of Pro-
test for S.I.D.'s for the installation of sidewalks on O'Connell Drive
and Highland Boulevard shall be signed by the develoR~! prior to fi-
nal site plan approval;
10. A 15-foot pedestrian access, linking Highland Boulevard with the pre-
sent pedestrian access running east and west, shall be provided on
the north edge of the property by the developer and approved by the
Director of Public Service, Park Superintendent and Recreation
Advisory Board, and shall be shown on the final site plan. This
shall be a perpetual easement. The developer shall sign a Waiver of
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Protest to any future Park Maintenance District formed for Josephine
Park prior to final site plan approval:
11. Screening for the off-street parking must be provided in accordance
with Section 18.54.160, and the details must be shown on the final
site plan;
12. Buffering of properties to the north shall be provided by installation
of mature and tall growing vegetation between the three-unit condo-
minium units and adjacent properties.
13. Three copies of the final site plan containing all the conditions, cor-
rections, and modifications approved by the City Commission shall be
submitted for review and approval by the Planning Director within six
months of the date of City Commission approval. A final site plan
must be approved prior to the issuance of a building permit or busi-
ness license for the project, or commencement of the use. One
signed copy shall be retained by the Planning Director, one signed
copy shall be retained by the Building Department, and one signed
copy shall be retained by the applicant;
14. If improvements are not installed prior to final site plan approval, the
applicant shall enter into an improvements agreement with the City.
Detailed cost estimates, construction plans, and methods of security
shall be made a part of that Agreement;
15. I f occupancy of the structure or commencement of the use is to occur
prior to installation of the improvements, the agreement must be
secured by a method of security equal to one and one-half times the
amount of the cost of the scheduled improvements; and
16. All on-site improvements for Phase 1, shall be completed within 18
months of final site plan approval of the Conditional Use Permit. All
on-site improvements 'for Phase 2 shall be completed by December 31,
1992; for Phase 3 by December 31, 1993; for Phase 4 by December
31, 1995; and for Phase 5 by December 31, 1996. If Phase 5 is com-
pleted out of sequence, a modification to the final site plan must be
approved per Section 18.54. 280 of the Zoning Code. The Conditional
Use Permit shall be valid for a period of 18 months fOllowing approval
of the final site plan for Phase 1. Prior to the permanent renewal of
the permit at the end of each phase, the applicant must satisfy all
the conditions in the granting of the permit. An on-site inspection
will be made and a report made to the City Commission for their
action. If all required conditions have been satisfied, the permit will
be permanently renewed.
Commissioner Goehrung then placed the following amendment on the floor: that
Condition No. lObe revised to read as follows:
10. That a 15-foot pedestrian access, linking Highland Boulevard with the
present pedestrian access running east and west, be provided by the
developer on the north edge of the property and approved by the Di-
rector of Public Service, Park Superintendent and Recreation Adviso-
ry Board, and shall be shown on the final site plan. Ten feet of this
easement shall be a perpetual easement, with five feet being returned
to the property owner upon his receiving an easement from the prop-
erty owner immediately to the north. The developer shall sign a
Waiver of Protest to any future Park Maintenance District formed for
Josephine Park prior to final site plan approval;
Commissioner Martel expressed concern that this type of condition would require the
developer to approach an adjacent property owner about an easement; and he does not feel
that is appropriate.
City Attorney Becker stated that an easement on the adjacent property would be
between the Bozeman Deaconess Foundation and the City; and he does not want an in-
dependent party negotiating on behalf of the City without his involvement.
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Commissioner Hawks stated he can support a 20-foot trail, with a 10-foot easement
being provided by each property owner. He suggested that a 10-foot easement be sought
from Mr. LeClair so the boundary of the trail can be established where it crosses the rear
yards of the development.
Commissioner Vant Hull stated she does not support decreasing the easement to 10
feet, particularly when there is no guarantee the other 10-foot easement will be obtained.
Commissioner Goehrung expressed concern about the problems which could be in-
curred by this proposed amendment and withdrew it. Action on the original motion was
taken as follows:
The original motion, to approve the application subject to the fifteen conditions list-
ed above, failed by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull and Commissioner Goehrung; those voting No being Commissioner Martel, Com-
missioner Hawks and Mayor Stiff.
It was then moved by Commissioner Martel that the Commission approve the Condi-
tional Use Permit requested by Ken LeClair to allow construction of a planned unit devel-
opment containing 32 condominium units and 4 single-family detached homes on Blocks 2, 3,
4 and 5, in Graf's First Subdivision, Second Filing, subject to the following conditions:
1. The subdivision application for the rearrangement of Graf's First Sub-
division, Second Filing, be given final approval before final site plan
approval;
2. The final site plan shalf include Block 2 of the P. U. D., and must
show snow removal areas. A fence detail, lighting detail, and sign
detai I shall be reviewed and approved prior to final site plan ap-
proval, and shall be shown on the final site plan. Stop signs shall
be placed at Internal intersections at locations approved by the Direc-
tor of Public Service;
3. The Protective Covenants and By-Laws must conform with Section
70-23-102 et seq., M.C.A., and Section 18.54 of the Zone Code, and
must be reviewed and approved by the Planning Director prior to fi-
nal site plan approval;
4. The water and 8-lnch sewer mains must be designed by a licensed en-
gineer and will be public mains to provide services according to City
standards and pol icies. A 30-foot utility easement shall be provided
for these mains;
5. A detailed grading and drainage plan must be reviewed and approved
by the Director of Public Service prior to final site plan approval.
Site grading will accommodate overflows from the water tank, keep
site drainage off Highland Boulevard, accommodate the lowering!
widening of Highland Boulevard adjacent to the site, and allow for the
maintenance of 6-1!2 feet of cover over the existing 20-inch water
main;
6. An engineered pavement section shall be submitted and approved by
the Director of Public Service prior to Final Site Plan approval;
7. A Waiver of Protest for 5.1. D.ls for improvements equal to one-half of
a local street standard to Highland Boulevard shall be signed by the
developer, or the improvements shall be installed prior to occupancy;
8. Kenyon Drive must be developed to City standards before Phase 5 is
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developed. These improvements shall be reviewed and approved by
the Director of Public Services;
9. The exit onto O'Connell Drive shall be designed by a professional en-
gineer, and the plans shall be reviewed and approved by the Director
of Public Service prior to final site plan approval. A Waiver of Pro-
test for S.I.D.'s for the installation of sidewalks on O'Connell Drive
and Highland Boulevard shall be signed by the developer prior to fi-
nal site plan approval;
10. A 10-foot pedestrian access, extending from Highland Boulevard to
Josephine Park, shall be provided on the north edge of the property
by the developer and approved by the Director of Public Service,
Park Superintendent and Recreation Advisory Board, and shall be
shown on the final site plan. This shall be a perpetual easement.
The developer shall sign a Waiver of Protest to any future Park
Maintenance District formed for Josephine Park prior to final site plan
approval;
11. Screening for the off-street parking must be provided in accordance
with Section 18.54.160, and the details must be shown on the final
site plan;
12. Three copies of the final site plan containing all the conditions, cor-
rections, and modifications approved by the City Commission shall be
submitted for review and approval by the Planning Director within six
months of the date of City Commission approval. A final site plan
must be approved prior to the issuance of a building permit or busi-
ness license for the project, or commencement of the use. One
signed copy shall be retained by the Planning Director, one signed
copy shall be retained by the Building Department, and one signed
copy shall be retained by the applicant;
13. I f improvements are not installed prior to final site plan approval, the
applicant shall enter into an improvements agreement with the City.
Detailed cost estimates, construction plans, and methods of security
shall be made a part of that Agreement;
14. If occupancy of the structure or commencement of the use is to occur
prior to Installation of the improvements, the agreement must be
secured by a method of security equal to one and one-half times the
amount of the cost of the scheduled improvements; and
15. All on-site improvements for Phase 1, shall be completed within 18
months of final site plan approval of the Conditional Use Permit. All
on-site improvements for Phase 2 shall be completed by December 31,
1992; for Phase 3 by December 31, 1993; for Phase 4 by December
31, 1995; and for Phase 5 by December 31, 1996. If Phase 5 is com-
pleted out of sequence, a modification to the final site plan must be
approved per Section 18.54.280 of the Zoning Code. The Conditional
Use Permit shall be valid for a period of 18 months following approval
of the final site plan for Phase 1. Prior to the permanent renewal of
the permit at the end of each phase, the applicant must satisfy all
the conditions in the granting of the permit. An on-site inspection
will be made and a report made to the City Commission for their
action. If all required conditions have been satisfied, the permit will
be permanently renewed.
Maygr Stiff yielded the gavel to Mayor Pro Tempore Hawks for purposes of second-
ing the motion.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Martel, Commissioner Stiff and Mayor Pro Tempore Hawks; those voting No
being Commissioner Goehrung and Commissioner Vant Hull.
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This was the time and place set for the Preliminary Plat review requested by Ken
LeClair for the amended Plat of LeClair's Rearrangement of Blocks 2, 3, 4 and 5, Graf's
First Subdivision, Second Filing. The subject 10-acre tract located in the east one-hal f of
the southeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Prin-
cipal Meridian. The site is more commonly located along the west side of Highland Boule-
vard, just west of its Intersections with Holly Drive and Pinecrest Drive.
Planner Debbie Arkell presented the staff report. She stated that this application
would result In rearrangement of Blocks 2, 3, 4 and 5 of Graf's First Subdivision, Second
Filing, which was approved In 1983. She stated that under this application, Block 2 would
remain as originally platted in four single-family lots, except for the relocation of a sani-
tary sewer easement. Blocks 3, 4 and 5 would be combined into Block 3A, thus taking 24
lots and combining them Into one lot. The Planner noted that Lovelace Drive and Sweet
Street will be vacated as a result of this rearrangement as proposed.
Planner Arkell stated that this rearrangement creates no new lots; and the applicant
has requested that the requirements for Environmental Impact Statement and Community
Impact Statement be waived. She noted that the major environmental concerns raised per-
tain to drainage and grading; and the Director of Public Service feels those can be ade-
quately addressed through engineering plans.
Planner Arkell then stated the City-County Planning Board conducted the public
hearing on this application ,after which it recommended approval, subject to nine con-
ditions. She noted they further recommended that requirements for the EIS and CIS be
waived. The Planner then suggested the Commission revise Condition No. 4 to remain con-
slstent with Condition No. 10 for approval of the Conditional Use Permit above.
Planner Debbie Arkell then presented two letters of opposition, one from Robert E.
and Robin L. Moore, 1210 South Pinecrest Drive, and one from Albert and Jackie Lamke,
1103 South Pinecrest Drive. She noted that the primary issues of concern include the
construction of condominiums and the building heights, traffic and impacts on the streets,
as well as the quality of development and loss of property value.
No one was present to speak in support of or in opposition to the requested prelim-
inary plat.
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that
the Commission approve the preliminary plat requested by Ken LeClair for the Amended
Plat of LeClair's Rearrangement of Blocks 2, 3, 4 and 5, Graf's First Subdivision, Second
Filing, subject to the following conditions; and waive the Environmental Assessment and
Community Impact Statement, as the amended subdivision is within the city limits and no
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additional lots are being created:
1 . The vacation of Lovelace Drive and Sweet Street must be completed
prior to final Plat approval;
2. The final Plat must be prepared by a licensed surveyor;
3. A Waiver of Protest of S. I. D. IS for Improvements equal to one-hal f of
a local street standard to Highland Boulevard, and for the installation
of sidewalks on O'Connell Drive and Highland Boulevard shall be
signed by the developer prior to final Plat approval;
4. Pedestrian access to Josephine Park from Highland Boulevard via a
10-foot perpetual easement on the north side of the property shall be
provided by the developer and approved by the Director of Public
Service, Park Superintendent and Recreation Advisory Board; and the
easement shall be shown on the final Plat. The developer shall sign a
Waiver of Protest to any future Park Maintenance District formed for
Josephine Park prior to final Plat approval;
5. The uti Iity easements shown on the parameter of the plat must be
Identified and a method acceptable to the Public Service Director in-
dicating the proposed 30-foot public utility easements to be located in
Block 3A shall be indicated on the final Plat;
6. The final Plat shall contain all required certificates and appropriate
language as required by the Bozeman Area Subdivision Regulations;
7. I f covenants or restrictions are to be filed with the Plat, they must
be reviewed and approved by the Planning Director prior to final Plat
approval;
8. A weed control plan shall be submitted for the review and written ap-
proval of the County Weed Control Board prior to final Plat approval;
and
9. The final Plat must show, in addition to all other requirements:
a) That Block 3A Is intended for condominium development;
b) The acreage of the park, and acreage of the subdivision,
gross and net;
c) The title of the plat shall contain the word "plat".
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No be-
ing Commissioner Vant Hull.
B rea k - 3: 25 to 3: 29 p. m .
Mayor Stiff declared a break from 3:25 p.m. to 3:29 p.m., In accordance with Com-
mission policy established at their regular meeting of March 14, 1983.
sale of $726,079 Water
to Sign necessary ocuments
City Manager Wysocki presented Commission Resolution 2749, as approved by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2749
RESOLUTION RELATING TO $726,079 WATER SYSTEM REVENUE BOND, SE-
RIES 1989B; AUTHORIZING THE ISSUANCE AND AWARDING THE SALE
THEREOF.
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The City Manager stated this resolution allows for the sale of bonds to the State of
Montana Department of Natural Resources and Conservation for improvements to the Lyman
Creek water supply. He then recommended that the Commission adopt this resolution.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that
the Commission adopt Commission Resolution No. 2749, relating to the $726,079 Water Sys-
tem Revenue Bond, Series 1989B. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel,
Commissioner Goehrung and Mayor Stiff; those voting No, none.
Vera IS Fabrics. I nc. - extension
City Manager Wysocki submitted to the Commission a letter from Mrs. Vera Hender-
son, owner of Vera's Fabrics, Inc., requesting an extension of the gOing-out-of-business
license, which expires on May 27, 1989. The City Manager then distributed to the Com-
mission a copy of the section of the current business license which pertains to this issue,
noting it does not provide for extension of the license. He then recommended against ap-
proval of this request for extension.
Mrs. Vera Henderson, owner of Verals Fabrics, stated her type of business is
unique. She noted that sales are made in small increments; and substantial customer as-
sistance is required. She stated that she had a substantial inventory for a fabric store
when she began her sale; and it was virtually Impossible to provide the needed customer
service to sell all of the products. Mrs. Henderson then requested that the gOing-out-of-
business license be extended for an additional sixty days, to July 26, 1989.
I n response to a question from Mayor Stiff, Mrs. Henderson indicated her inventory
averaged from $250,000 to $300,000; and she had not decreased that inventory prior to the
beginning of her sale. She then stated that she will probably dispose of any fabric or
notions remaining after closing her business to another business in the state.
Commissioner Vant Hull indicated a willingness to extend the going-out-of-business
license for a sixty-day period; Commissioner Martel concurred.
Commissioner Goehrung asked Mrs. Henderson if she has ordered any additional in-
ventory since she started her gOlng-out-of-buslness sale in March. Mrs. Henderson re-
sponded she has not, and further indicated she cancelled as many orders as she could
when she started the sale.
Commissioner Goehrung expressed concern about extension of this license, particu-
larly when the ordinance does not provide for such an extension.
It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that
the Commission approve the request for extension of the GOlng-out-of-Business License for
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Vera's Fabrics, Inc., with an expiration date of July 26, 1989. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner
Martel, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner
Goehrung.
Mr. Carroll Henderson thanked the Commission for their decision, noting they
should have the option of extending a going-out"'of-buslness license available.
Discussion - parkland dedication at Gardiner Park
City Manager Wysocki stated the staff has received a proposal to acquire two lots
bordering on Gardiner Park, which ties into the Sourdough Trail. He noted there are
some back taxes on the properties; and there is a Rural Improvement District assessment
over the next ten years. He also noted there is also a maintenance fee for upkeep of the
roads which were installed under the RID.
The City Manager then requested that the Commission acknowledge receipt of this
proposal and refer it to the Recreation Advisory Board for review and a recommendation to
be submitted to the Commission.
Commissioner Vant Hull stated an interest in reviewing the proposal; and the City
Manager suggested she contact the City Attorney to review the information.
It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that
the Commission acknowledge receipt of the proposal for parkland dedication near Gardiner
Park and refer it to the Recreation Advisory Board for review and a recommendation to be
submitted back to the Commission. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks,
Commissioner Vant Hull and Mayor Stiff; those voting No, none.
Request for reconsideration of action designating Rivas. Nicaragua, as a Sister City
City Manager Wysocki stated that Commissioner Martel had requested this item be
placed on the agenda. He then submitted to the Commission a letter of support for the
Sister City designation from Stella Anacker, 1905 West College Street. He noted that Mr.
Ken Temple and Ms. Doris Milliken also telephoned in support of that action.
Mayor Stiff stated that discussion of this item will be limited to the Commission. He
noted that if a motion is made and seconded, the Commission could then consider whether
to accept any public input.
Commissioner Martel noted that he had included a memo in the Commissioners' pack-
ets. He expressed concern that the Commission took action on the designation of Rivas,
Nicaragua, as a Sister City without seeking public input or obtaining any information other
than that presented by the proponent. He stated that since the Commission did make the
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designation, he has received many comments of disapproval, and one of approval. The
Commissioner stated that he felt this issue should be raised once again, noting the reasons
for doing so were outlined in his memo.
The Commissioner then noted that attached to his memo was a copy of an article en-
titled "A Faint Glimmering Hope that a Sandinista Sunset Nears" which was published in
the May 8, 1989 Issue of Insight. He noted this article provides a clear picture of the po-
litical situation in Nicaragua at this thne. He also noted that the CNN World Report last
night gave an enlightening report on the political issues in Nicaragua; and that information
conflicts with that submitted to the Commission by Mr. Roughton.
Commissioner Martel stated his concern is that no basis has been establ ished for
any reciprocity between Bozeman and Rivas. He noted that he has previously indicated he
feels that reciprocal efforts and a congenial relationship are necessary before a Sister City
designation is made. The Commissioner then suggested that the Commission either vote to
table action on the proclamation until after a policy and criteria have been established for
sister city designations, or vote to rescind the proclamation approved at the May 1 meet-
ing.
Mayor Stiff noted that since the Commission has already taken action on this procla-
mation, the issue cannot be tabled.
Commissioner Hawks stated he would be willing to rescind the previous action if it
were shown that the designation was being used for political or propoganda purposes;
however, he noted that has not been demonstrated.
Commissioner Vant Hull cited the editorial in the May 11 edition of the Bozeman Dally
Chronicle stating support for this type of designation. She then encouraged designation
of sister cities when requests are submitted. She then stated she feels that to place this
on the agenda is political grandstanding merely to get re-elected.
Commissioner Martel reiterated that he feels it is important to establish a relation-
ship prior to designation of a sister city. He then noted that this type of proclamation is
much different from the weekly or monthly ceremonial proclamations which are approved by
the Commission on a regular basis.
Commissioner Goehrung stated he has received no new information that would cause
him to change his previous vote.
Mayor Stiff stated he had decided during the previous action to support the pre-
vailing side. in this issue. He then indicated that, even though he would be more comfort-
able with this action if a policy were in place, he will continue to support the prevailing
side.
Following a brief discussion, a majority of the Commission concurred there was no
need for additional public input.
It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the
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Commission rescind the proclamation designating Rivas, Nicaragua, as a Sister City, as
adopted on May 1, 1989. The motion failed by the following Aye and No vote: those vot-
ing Aye being Commissioner Martel; those voting No being Commissioner Hawks, Commis-
sioner Vant Hull, Commissioner Goehrung and Mayor Stiff.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Informa-
tion" items.
(1) Copy of a memo from the City Attorney to the City Manager indicating that
the proposed sign ordinance will not be ready for Commission consideration until the June
5 or June 12 agenda.
(2) Copy of a memo from Lance Kelley, Engineer II, to the City Manager, con-
cerning Mr. Henderson's complaint about limiting access to the back of his property via
the old railroad right-of-way through installation of bollards at Grant Street.
The City Manager reminded the Commission that motorized vehicles are allowed to
use the linear park, provided they obtain City approval and do not abuse the privilege.
Commissioner Vant Hull asked if the Commission needs more information on this
Item.
City Manager Wysocki stated he feels this item can be handled administratively. He
stated that if Mr. Henderson is not satisfied with the staff's response, he may appeal it to
the Commission. He noted that the staff's decision will be based on the policy which the
Commission has already established for the linear park.
(3) Agenda and packet for the Zoning Commission meeting to be held on Tues-
day, May 23 at 7:00 p.m.
(4) Agenda for the PCC meeting to be held at 1 :00 p.m. on Thursday, June 1.
The City Manager noted that T AC wi II meet at 10: 00 a. m. on that day.
(5) City Attorney Becker provided a brief update on the status of the Campeau,
et ai, action. He stated that on Friday, he submitted a motion to Judge Davis to dismiss
those Commissioners individually named from the complaint. He indicated that the Judge
gave both attorneys an additional ten days in which to submit briefs, after which a ruling
will be made. He indicated that the Judge's decision on this motion will affect how he pro-
ceeds with the remainder of the action.
(6) The City Manager stated that two auditors are working here for the next two
weeks, suggesting the Commissioners may wish to discuss any questions they may have
with the auditors during this time.
(7) Commissioner Hawks stated the Beautification Selection Committee interviewed
three applicants for the coordinator position on Tuesday evening. He stated they will for-
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ward a recommendation to the Beautification Committee at tomorrow evening's meeting; and
they will then submit a final recommendation to the City Commission at next week's meet-
ing.
(8) Commissioner Hawks stated that three planning consultants were interviewed
on Friday. He stated the deadline for submittal of proposals has been extended to
Tuesday, May 30. He stated ten copies of the proposal are to be submitted, and en-
couraged the Commissioners to carefully review those written proposals prior to the final
decision process.
The Commissioner then stated the implementation committee on regulatory procedures
will review the proposals and submit a recommendation to the City-County Planning Board
as soon as possible. He indicated that the Board's recommendation will then be submitted
to the City Commission on June 5 and to the County Commission on June 6 for action. He
stated the target date for beginning the process is June 15.
(9) Commissioner Vant Hull discussed an article entitled "FBI agent's conviction
overturned", which appeared In the April 26 edition of the Billings Gazette. She noted
that once again, information gained through a lie detector has not been allowed in court.
She then stated she feels the Police Department should withdraw its request for a poly-
graph in the Capital Improvement Program, indicating she will forward this article to Chief
of Police Tate.
(10) Commissioner Vant Hull noted the April issue of the MMIA newsletter indi-
cates they have Information available on sidewalk liability; and she feels the City should
obtain that information.
City Manager Wysocki and Mayor Stiff both Indicated they have requested the infor-
matlon.
(11) Commissioner Vant Hull noted the Commissioners have received information on
a recycling conference being sponsored by the National League of Cities and asked if any-
one plans to attend.
Commissioner Goehrung, Commissioner Hawks and Mayor Stiff all indicated an inter-
est in attending. The City Manager stated that some of the staff have also expressed an
Interest In the conference.
(12) Commissioner Goehrung stated he attended the final seminar for the Leader-
ship Bozeman program on Thursday. He then Indicated he will provide the Commission
with a report on the entire program at next week's meeting.
(13) Commissioner Goehrung reminded the Commission that he will be late to next
week's Commission meeting, arriving slightly after 3: 00 p.m.
(14) Mayor Stiff reminded the Commission of the meeting called by the Belgrade
City Council for Thursday, May 25. He indicated he will be unable to attend and asked if
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any of the Commissioners plan to attend. Commissioner Hawks and Commissioner Vant Hull
Indicated they will be unable to; Commissioner Martel and Commissioner Goehrung indicated
they will check their calendars and respond to the City Manager. The City Manager stat-
ed that someone from the Police Department will be In attendance at the meeting.
(15) Commissioner Martel stated that a motorcyclist was riding on the linear park
between South Willson and Kagy Boulevard on Sunday afternoon, after maneuvering around
the boliards and barricades.
(16) The City Manager stated that the bollards are located In the center of the
railroad right-of-way. He noted that is not always where the track bed was located.
(17) Mayor Stiff reminded the Commissioners that evaluations of the City Manager
and Clerk of the Commission are due In the Clerk's office today. He then suggested that
the summary of these evaluations be held until a full Commission is present.
Commissioner Vant Hull questioned why the evaluations are being requested so early
in the month.
Mayor Stiff responded that the City Manager's evaluations are to be completed on a
six-month basis; and it is Important to keep the process early in the month, particularly
in December. He then indicated if the Commission wishes, this Item could be placed on the
June 12 agenda; the Commission concurred.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Re
A
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that
the Commission approve the Consent Items as listed, and authorize and direct the appro-
priate persons to complete the necessary actions. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com-
missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none.
Discussion - goals for Fiscal Year 1989-90
City Manager Wysocki stated that, included In the Commissioners' packets were
copies of the force field analysis conducted at the retreat held on Saturday, April 15,
along with a listing of the votes each goal received and a listing of the top ten priority
goals for Fiscal Year 1989-90. He then stated that a memo, prepared by Director of Public
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comment made by Dick McConnen, ag economics professor at MSU, that there is only so
much money available to pay the bills; and they must make a choice on how the revenues
are to be derived.
The Commission then reviewed each of the ten priority goals, and the fiscal impacts
of each, as follows:
I. F.3.
F.dh
Street maintenance.
Complete street maintenance districts ASAP.
The City Manager stated the staff proposes to complete the preparation for assess-
ment of street maintenance districts by April 1990. He noted that an ordinance to create
the maintenance districts must be adopted by July 1, 1990 so the initial assessments may
be made in November 1990. He indicated that the City currently has an engineering intern
who will probably be able to complete much of the preliminary work this summer; and the
information may then be given to a consulting firm to complete the necessary background
information for the assessments.
In response to a question from Commissioner Vant Hull, the City Manager indicated
the staff feels that an engineering firm can complete the work faster and with more exper-
tise than an Individual can.
In response to another question from Commissioner Vant Hull, City Manager Wysocki
indicated the City will bear the initial costs of preparation for the street maintenance dis-
tricts; however, those costs, if they are properly documented, may be assessed as a part
of the district.
Commissioner Vant Hull suggested that Bill Verwolf, Helena's City Manager, could
be helpful in preparing for a street maintenance district, since they recently completed the
process. Director of Public Service Forbes responded that he is in contact with Helena's
Director on a regular basis.
Commissioner Hawks requested that the Commission be given updates during the
process so they are "up to speed" when it is time to take action.
Commissioner Martel noted that if a firm is hired, it will be through the RFP pro-
cess; and the Commission will be aware of that process.
The Commission concurred that progress reports on this item would be beneficial.
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They further recognized that this goal will have budgetary impacts on the upcoming fiscal
year; however, the costs will be recovered after the districts have been created.
II.
8.16.
B-:.-&o
B-:.-1-h
Improve park maintenance.
Promote volunteerism and increase in part-time help.
More efficient, organized use of summer employees (including hiring a re-
sponsible overseer of younger workers and Green Thumb) to keep parks and
cemetery in prettier condition.
Director of Public Service Forbes stated that under this goal, he proposes the hir-
ing of four seasonal workers for a 22- to 23-week period each year, at an annual cost of
$26,400. He noted that the additional equipment needed for these workers would cost ap-
proximately $25,000. He stated that these workers would be needed in April or early May
so that the initial clean-up and mowing of the cemetery and parks could be completed prior
to the Memorial Day weekend.
The Director stated that if the salaries were good enough, the City could attract
the same individuals back year after year; and they would then be used more independent-
Iy. He indicated that those hired through the HRDC and job training programs require an
extensive amount of supervision, which is difficult when the parks are spread throughout
the community. He also noted that their reliability often decreases after they receive the
first paycheck.
City Manager Wysocki stated that the City requested seasonal help through the
H RDC and job training programs in April; and received one person. He also noted that he
talked to all of the senior government classes at the high school recently, and encouraged
any interested students to apply through the Job Service; but no applications have been
received. He then stated that individuals who work ski patrol would be ideal for this type
of work; however, they have shown no interest in these jobs.
Commissioner Hawks noted the proposed salary is $7.50 per hour and asked if the
staff anticipates people being interested at that salary. The Director of Public Service in-
dicated the current rate of pay starts at $5.00 per hour. He then reminded the Commis-
sion that the $7.50 per hour includes benefits. He then indicated he feels that good sea-
sonal employees could be hired at that rate. He noted this type of job would be Ideal for
a college student, except that the real push and longer hours are needed in April and
May, when school is still in session.
City Manager Wysocki stated the staff has written to Green Thumb on three sepa-
rate occasions, but has received no response to date.
The City Manager then reminded the Commission will have budgetary impacts on the
upcoming fiscal year. He noted that under this proposal, the number of seasonal employ-
ees would be increased from one to four; and the salaries would also be adjusted upward.
He then indicated that the additional equipment needed wi II also add to the expenditures,
noting that this goal will cost approximately $50,000 next year.
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III. E.6. Create an implementation plan for the comprehensive enforcement of city or-
dinances.
City Manager Wysocki asked what ordinance are to be enforced under this goal.
Commissioner Vant Hull indicated she feels that licensing of dogs and cats should be
addressed.
Administrative Services Director Gamradt stated he Intends to pursue that this sum-
mer. He noted that the revenues generated through licensing of additional animals should
cover those costs.
Commissioner Vant Hull then suggested that pooper scoopers be distributed in this
door-to-door campaign, since they have not been distributed with the licenses.
Commissioner Hawks suggested that to allow the animal control officer to work full
time in that capacity, and to have her work on a flexible schedule, including early morn-
ing hours, could help to enforce the animal ordinances.
City Manager Wysocki noted that the animal control officer has been covering dis-
patch when necessary and patrolling handicapped parking in the private lots. He stated
that hiring a full-time parking attendant will require funding of an additional 20 to 24
hours each week; and covering of dispatch duties could probably be revised to allow the
animal control officer to perform her duties on a full-time basis. He cautioned that addi-
tional salary costs will be involved.
Commissioner Hawks suggested that the ordinance allowing no bicycles on the slde-
walks along Main Street should be enforced.
Commissioner Goehrung indicated the zoning ordinances should be enforced; Com-
missioner Hawks noted particularly the landscaping requirements.
City Manager Wysocki reminded the Commission that staff has posed this question to
them in the past and has received no definitive response. He noted that the staff must be
assured of Commission support prior to undertaking this enforcement. He cautioned that
property owners with conditional use permits may seek relief from the Commission if this
process is implemented. Following discussion, the Commission concurred that the con-
ditions imposed on conditional use permits should be enforced, beginning with the most
current and working backward to those approved three years ago, as an initial step.
City Manager Wysocki noted that other ordinances which should be enforced Include
parking around the university, abandoned cars, and sight line obstructions at intersec-
tions.
Commissioner Vant Hull encouraged enforcement of speeding laws, especially on
Mendenhall Street and entrances to the city.
The City Manager requested that the Commissioners submit to him lists of ordi-
nances to be specifically enforced during the upcoming fiscal year.
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IV.
B. 9. Develop tree planting and maintenance program (parks and parking).
8o~-s. Parking maintenance and tree planting district resolved.
The City Manager noted this goal has a definite bUdgetary impact. He noted that
additional employees will be needed for planting of trees in the parking areas, parks and
cemetery; then a trimming program for those trees as well as existing trees must be estab-
Iished. He reminded the Commission that the City does not own a tree spade, therefore,
one must be purchased or contracted.
City Manager Wysocki indicated a tree maintenance program can be developed; how-
ever, he noted it will not be in place until Fiscal Year 1991. He noted that the informa-
tion gathered for creation of the street maintenance district may be used in establishing
this maintenance district.
The City Manager then suggested that a listing of the acceptable types of trees
could be prepared, as well as a guideline for how many trees may be planted along a spec-
ified frontage.
Commissioner Hawks stated that recommendations from the Beautification Committee
will include this issue and that perhaps the Initial effort could be volunteer; the City
Manager cautioned that staff input should also be received.
City Manager Wysocki then cautioned the Commission that tree maintenance districts
are not specifically listed in the State Statutes; therefore, a statutory change may be
required before this district is created.
v. D.l.
9o-r-.
9-.4;.
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Review garbage rates and dump fees.
Initiate curbside pickup of recyclables.
Composting program.
Get recycling program started and encourage it through such means as a fee
schedule that rewards recyclers and small users.
The City Manager indicated the staff proposes that review and revision of the gar-
bage rates and dump fees be completed by December 1989. He noted that the Commission
has indicated an interest in revising the garbage collection rates to acknowledge recycling
efforts; and that staff will also review the possibility of changing the system of assessment
from the room count system. He then noted the Commission has previously considered the
possible need to adjust the rates slightly upward. He suggested that to include a 4-per-
cent increase, to cover any shortages caused by revision of the basis for assessment, may
be appropriate.
City Manager Wysocki stated that the staff Is currently weighing loads into the
landfill to develop a data base for changing of the structure for landfill gate fees. He in-
dicated that issue should be considered In December as well.
In response to a question from Commissioner Hawks, Director of Public Service
Forbes indicated he feels more data on weight Is needed before the landfill gate fee struc-
ture is revised. He noted that literature suggests that November may be established and
used as an average month; however, he feels that data gathered over a longer period of
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time is more reliable.
He then indicated that the landfill currently accepts an average of
90 tons of refuse per day.
City Manager Wysocki reminded the Commission that the major commercial hauler in
the area currently does not dump at the City's landfill.
The Commission indicated an interest in encouraging residents to pursue recycling
on a voluntary basis, possibly through support of existing recycling efforts by various
groups. They noted the City Is currently not prepared to enter a recycling program; and
the costs of doing so are extensive.
The City Manager reminded the Commission that during approval of a conditional
use permit to allow construction of a garbage transfer station, they specifically prohibited
sorting for recycling. He suggested that if this Item is pursued, the Commission may wish
to reconsider that condition. He then noted that recycling will decrease the volume taken
to the landfill.
Mayor Stiff noted that approximately 25 percent of all garbage could be composted.
City Manager Wysocki noted the problem with composting is that separate containers
must be used. He then suggested that any pursuit of this Issue be limited to a voluntary
basis at the present time. He stated that at the present time, the City does not allow
scavenging at the landfill; however; he noted the City may wish to consider issuing a scav-
enging permit to someone, which would decrease the amount of garbage buried.
Commissioner Goehrung noted the burying of tires at the landfill should probably be
addressed. He suggested that acquisition of a tire shredder should possibly be pursued.
Commissioner Martel noted that composting of grass clippings should be considered.
He stated that would eliminate a substantial amount of garbage during the summer.
Commissioner Vant Hull stated she has a small compost at her home, noting that
composting does not necessari Iy result in a smelly situation.
The Commissioners concurred that further consideration of this item should be de-
ferred until after the recycling conference being sponsored by the National League of
Cities, noting more Information may be gathered on composting as well.
V. G. 12. Strict enforcement of vacant lot maintenance.
The City Manager stated that he was involved in this type of program for four
summers. He noted that the staff has projected a $7,000 annual expenditure for hiring of
an individual who would go through the process of identification, notification, observation
and referral to the City Attorney for prosecution as a misdemeanor. He cautioned that the
City should not go onto a vacant lot, clean it and assess the costs to the property owner
without direction from the Court, since doing so could result in liability to the City.
Mayor Stiff asked if any ordinance revisions are needed prior to implementing this
goal. The City Manager indicated the staff will review the code to see if any revisions are
necessary.
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VII. F.1.
F.. -5-;
Gas tax/wheel tax.
Gas tax or alternative.
City Manager Wysocki suggested the Commission may wish to proceed with establish-
in9 street maintenance districts before addressing this item. He stated if that decision is
made, the Commission may wish to put this goal on hold for a year.
Commissioner Vant Hull noted that monies from a 2-cent-per-gallon gas tax would be
utilized fo.r large road projects which cannot be otherwise funded, such as extension of
Kagy Boulevard and construction of the third Interchange. She stated that monies from a
street maintenance district woulcf be utilized for maintenance of the existing streets.
The City Manager concurred that the monies would be used for two different pur-
poses, but referred once again to Dick McConnen's statement.
Commissioner Vant Hull then reminded the Commission that a 2-cent-per-gallon gas
tax must be placed on a general election ballot by the County. She noted those elections
will occur in November 1990 and November 1992; and she feels it Is important to begin
pursuing this avenue with other communities in Gallatin County as well as with the Gallatin
County Commission if it is to be placed on a ballot In the near future. She noted that be-
cause of the timeframe involved, the gas tax could not be in place unti I at least the next
fiscal year.
Mayor Stiff expressed concern that to add this proposed gas tax on top of the
street maintenance district assessments and tree maintenance district assessments may be
too much.
VIII. C. 8. Update the transportation master plan, including completing the belt loop
around the city.
f:....l..h Prioritize street upgrading, especially speed up alternate truck routes to get
heavy trucks off Willson Avenue and downtown Main Street, through work on
completing Kagy to 19th and third interchange.
The City Manager stated that staff has estimated that updating of the transportation
master plan will cost $30,000 to $40,000. He then suggested the City may be able to bene-
fit from the planning consultant in this area, noting the Commission must direct the con-
sultant on how much priority this area is to have.
Commissioner Hawks noted the implementation committee's consensus is that the pri-
orlties are (1) the regulatory process, (2) the transportation capital improvement program
and (3) the master plan. He then stated it has become apparent that for the monies avail-
able for the planning consultant, the City will probably be required to participate heavily
to complete the process and the document. He then suggested that the Commission
carefully consider these priorities when reviewing the proposals submitted by the three
consulting firms.
Mayor Stiff requested that discussion of this Item be a part of the agenda item for
selection of a consultant.
Commissioner Hawks suggested that the Implementation committee could possibly meet
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with the Commission at 3:00 p.m. on Monday, June 5, to review the proposals and respond
to Commissioner questions.
I X. A. 11. Set an example for clean-up and beautification on city properties.
The City Manager stated this goal would involve all City-owned properties. He
suggested that the Individual hired to monitor vacant lot maintenance could also be respon-
sible for maintaining the small City-owned parcels.
Director of Public Service Forbes proposed that $5,000 in monies be earmarked for
beautification and plantings on various city properties. He suggested those sites to be
addressed may include the City Shop, old sewage treatment plant on North Rouse Avenue,
the old landfill site on North Rouse Avenue, the Water Treatment Plant and the Waste Wa-
ter Treatment Plant. He also noted there are some park areas, such as the West Main
strip park, which could be irrigated and maintained.
Commissioner Vant Hull suggested an "adopt a park" program for this summer.
City Manager Wysocki indicated any bUdgetary considerations for this program will
be discussed during the budgeting process.
Commissioner Hawks noted the downtown parking lots should be better maintained.
He then suggested that a letter be written to the Parking Commission, requesting that
they maintain the lots better as a part of the beautification efforts.
The Commission concurred; and the Mayor is to write a letter to the Parking Com-
mission.
I X. D. 13. Pass an ordinance against garbage cans being left at curb except for
pick-up (beautification issue).
G..-1-9-:. Enforce garbage can adequacy and alley clean-up.
The City Manager stated this goal also ties into the beautification issue. He noted
that under this goal, garbage cans must be respectable; and there must be sufficient con-
tainers to accommodate the garbage which is set out on a regular basis. He further noted
that the Commission would also be asked to adopt an ordinance prohibiting garbage contain-
ers from remaining at the curb except for garbage collection days. He then asked If plas-
tic garbage sacks would be acceptable.
The Commission concurred that the garbage containers must be of the type that
dogs and cats cannot tear into.
Mayor Stiff noted that the alleys are a problem; and the issue must be addressed.
Adjournment - 5:47 p.m.
There being no further business to come before the Commission at this time, it was -
moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Martel, Commissioner Goehrun9, Commissioner Hawks, Commissioner Vant Hull
and Mayor Stiff; those voting No, none.
05-22-89