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HomeMy WebLinkAbout1989-10-30 1 , \,. .-., MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 30, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 30, 1989, at 2:00 p.m. Present were Mayor Stiff, Com- missioner 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 - October 23 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of October 23, 1989 be approved as submitted. 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. Continued discussion - re~uest for classification of use - used car sales at existing motel - Alpine Lodge Motel, 1017 ast Main Street City Manager Wysocki submitted to the Commission a memo from City Attorney Becker concerning issues raised at last week's meeting; a copy of a letter from Riney Bennett, dated October 23, encouraging the Commission to not allow this use; and a copy of the front page of Ordinance No. 1251, the revised business license ordinance, which indicates that all applicable zoning, building and fire codes must be met before a business license is issued. He then recommended that this item be removed from the table and dis- cussed. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the request for classification of use for used car sales at the Alpine Lodge Motel, 1017 East Main Street, be removed from the table. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. City Attorney Becker stated the present zone code appears to contain an oversight, which is addressed in the proposed code. He noted that under the new code, two types of use on a single parcel would be considered through the planned unit development pro- cess, since it refers to both uses and structures. He noted the present code refers to structures only and is silent on uses. 10-30-89 i - ( ~ f - 2 - City Manager Wysocki stated a diagram showing the parking and landscaping areas, how the uses are situated on the site, and where the office for the car sales will be located should be required prior to issuance of a business license. He further noted that some assurance should be required that a lane will be maintained for fire truck access to the back of the hotel so it can be utilized if needed. Mayor Stiff stated that people in that immediate area have expressed concern about any further activities concerning automobiles in the area. He then asked if access to the site will be reviewed. The City Manager responded that access requirements to the property have been met; therefore, no additional review will be done at this time. He reminded the Commis- sion that car sales are permitted in this district; therefore, review opportunities are limit- ed. He then recommended that the Commission refer this application back through the business licensing process. Commissioner Vant Hull stated many people feel that the East Main Street access to Bozeman is one of its most attractive entrances; and they do not wish to see it downgrad- ed. She then suggested that public input be allowed at this time. Mayor Stiff responded this issue is addressed within the zoning regulations; and he feels it is now time for the decision-making process. He then suggested that the beauti- fication issues would be more appropriately addressed through master planning than through this agenda item. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the applicant be referred back to staff through the business licensing process as set forth in Ordinance No. 1251. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. City Manager Wysocki presented Ordinance No. 1291, as prepared by City Attorney, entitled: ORDINANCE NO. 1291 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-1-108, MONTANA CODE ANNOTATED DESIGNATING THE BOZEMAN CITY-COUNTY PLANNING BOARD AS THE CITY OF BOZEMAN'S ZONING COMMISSION; AMENDING ORDINANCE NO. 802 AS CODIFIED BY SECTION 2.64.010 ET SEQ. OF THE BOZEMAN MUNICIPAL CODE ADOPTING BY REFERENCE PRl:Sl:N1STATE LAW REGARDING THE CITY-COUNTY PLANNING BOARD AND INCREASING THE CITY-COUNTY PLANNING BOARD MEMBERSHIP BY ADDING THERETO ONE ADDITIONAL CITY APPOINTEE; AND ABOLISHING THE PRESENT CITY'S ZONING COM- MISSION BY REPEALING ORDINANCE NOS. 928, 1012 AND 1156. The City Manager stated adoption of this ordinance will designate the City-County 10-30-89 1 ( ) '{ - 3 - Planning Board as the City's Zoning Commission and will increase the Board's membership by one City appointee, per previous Commission discussions. He then recommended that the ordinance be provisionally adopted at this time and that it be brought back in two weeks for final adoption. Commissioner Hawks asked when the City's final appointment to the Board can be made. He indicated an interest in having that new member sit through as many meetings as possible during the update process, even though he or she may not be able to vote un- til after the ordinance becomes effective. City Attorney Becker stated that after the ordinance is finally adopted on November 13, the Commission could make an appointment which would become effective on or after December 13. The Commissioners requested that appointment of the tenth City-County Planning Board member be placed on the November 20 agenda, when a full Commission will be pres- ent. Commissioner Vant Hull stated she supports the way the City and other entities have been moving forward with the planning update process; however, she feels someone should vote against adoption of this ordinance to recognize that the City should have had one more appointee on the revised City-County Planning Board. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1291, designating the City-County Plan- ning Board as the City's Zoning Commission and increasing the membership by one City appointee, and that it be brought back in two weeks for final adoption. 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. Discussion - proposed ordinance re interim zoning regulations City Manager Wysocki presented the proposed interim zoning ordinance, as reviewed by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTAT- ED, ESTABLISHING AN INTERIM ZONING ORDINANCE PROHIBITING THE ERECTION OF OFF-PREMISE SIGNS AND THE CONVERSION OF PORTABLE SIGNS TO PERMANENT SIGNS WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PE- RIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDI- NANCE. The City Manager noted that a copy of the notice of public hearing on this proposed interim zoning ordinance was also included in the packet. He stated the State 10-30-89 -, --~.- --.- ---- f t .. f - 4 - statutes are very specific as they apply to the process of adopting an interim zoning ordi- nance; and staff is proposing that process be followed by setting a public hearing date for Monday, November 6 at 7: 00 p. m. He noted that immediately following the public hearing, the Commission may take action on this proposed ordinance. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission set the public hearing on the proposed interim zoning ordinance for Mon- day, November 6, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Update re planning process - Planning Director Epple Planning Director Andy Epple stated the "public hearing readyll draft of the master plan will arrive at the end of the week; and the public hearing before the City-County Planning Board on that document as well as the capital improvement plan has been tenta- tively scheduled for November 29. The Planning Director stated that the ad hoc implementation committee will continue its review of the draft zone code on Wednesday morning, after the timeframe for public hearings on that document will be better known. He then reminded the Commission that at next Monday's meeting, the public hearing dates on these documents will be firmly set. Planning Director Epple reminded the Commission that the Wednesday morning meet- ing will begin at 7:00 a.m. Topics of discussion will include the planned unit develop- ment, general building and development standards sections of the proposed zone code. He stated that Planner Ron Brey is carefully reviewing those documents, preparing detailed comments and questions on items which should be addressed. He encouraged all interested Commissioners to attend, noting it has been scheduled as a four-hour session. Commissioner Hawks noted that some of the discussions were not completely finalized at last week's meeting and asked if there will be an opportunity to do so this week. The Planning Director indicated that staff is currently working on a compilation of the comments and conclusions from the discussions; and those will be submitted for a brief review during this week's meeting. Discussion - authorization to conduct Valle Unit lot auction; establish fair market value and terms 0 sa e The City Manager submitted to the Commission a memo from Administrative Services Director Gamradt, dated October 27, 1989, setting forth the staff's proposal for sale of two lots in the Valley Unit Subdivision. He reminded the Commission that Section 7-8-2301, Montana Code Annotated, requires that another auction sale be held within six months jf 10-30-89 f . . "i r ------ - 5 - not all of the lots offered for sale were sold. He noted that at the June 6 auction, two lots were not sold; therefore, this requirement must be met. City Manager Wysocki stated that after review, the staff would recommend that only the two lots not sold at the previous auction be included in this a~. He further sug- ~ested that the sale be held on November 15 at the City Hall with and the Administra- tive Services Director conducting the sale. He further suggested that the fair market value of the lots be establ ished in an amount $500 lower than was previously set and that the terms for sale be the same as in past sales. The City Manager indicated that if the two lots are not sold at this auction, the City will have met its statutory requirements and can offer them for sale, along with other lots, once again in the spring. The City Manager suggested that even if the fair market value is set $500 below the level previously set, the City will not be Incurring any costs for an auctioneer, and the advertising costs will be lower. He further noted that if the bidding is good, the amount paid for the lots could be substantially higher than the fair market value, as happened in the first auction. Commissioner Hawks stated he feels the proposed approach is very prudent; howev- er, he questioned lowering the fair market value by $500. Commissioner Vant Hull concurred with Commissioner Hawks' position. Commissioner Martel stated that dropping the fair market values could help create more interest in the lots. He also noted that with the reduction in costs, the City could still net a higher amount even with the lowered minimum bid. Commissioner Goehrung asked if any realtors have been contacted to determine whether the market prices have increased, decreased or remained the same since the lots were appraised. The City Manager indicated that no research was done in that area. He then re- minded the Commission that those purchasing lots at this time must carry financing until spring, when they can build. He then noted that, because of the success of the first sale, the fair market value was increased approximately $300 on those lots offered at the second sale. Administrative Services Director Gamradt noted that selling of Valley Unit lots is very specialized; therefore, it cannot be compared to sale of other lots in the area. He then stated it would be in the City's best interests to sell the lots, even at a reduced price, than to continue carrying them. Mayor Stiff stated he attended the second auction; and he feels a high percentage of those lots were sold, given the number of registered bidders at that sale. He also noted that some of the registered bidders at that auction were not aware that lots could not be sold after the sale was closed that day. The Mayor then stated he would prefer to leave 10-30-89 r j l f - 6 - the fair market value at the rate set previously rather than lowering it as recommended by staff. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission establish the fair market values for Valley Unit Subdivision lots to be sold at public auction at City Hall at 1 :00 p.m. on Wednesday, November 15, 1989, as follows: Lot Block Fair Market Value 3 37 $2,875 2 20 $2,925 and set the terms for the sale of the lots as follows: 50 percent of the purchase price as a down payment, 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 be made in quarters opposite the dl:le dates for taxes and special assessments, and with no prepayment penalty. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. in Cit 's nurser City Manager Wysocki submitted to the Commission a memo concerning a proposal he has received for transplanting of trees from the City's nursery at the cemetery to the area immediately west of Highland Boulevard. He reminded the Commission that they have ap- proved a planned unit development requested by Ken LeClair on that property lying be- tween Highland Boulevard and Josephine Park. He stated that under this proposal, Mr. LeClair would transplant thirty large trees from the City's nursery, placing fifteen of them on City property and fifteen of them within his development. The City Manager stated that Mr. LeClair has further indicated a willingness to stake the trees and install guy wires and to water and maintain them for a three-year period to ensure that they become properly established, if the City provides a water source in Josephine Park. He also in- dicated that Mr. LeClair would bear all of the costs of transplanting the trees in exchange for acquiring the trees at no cost to him. City Manager Wysocki noted that the City had not anticipated installing a water tap in the water line at Josephine Park at this time; however, he feels it would be in the City's best interests to do so and take advantage of this offer from Mr. LeClair. Commissioner Hawks stated that a conversation with a landscape architect revealed this is not the time of year to transplant evergreens, expressing concern if it is to be done at this time. He also stated that the Recreation Advisory Board is looking at pro- posals to plant trees at the Recreation Complex as well as close to the UCT building. Al- so, Jarrett Park is currently being developed; and it may be advantageous to plant some 10-30-89 r i '. 1 - 7 - trees in that park as well. The Commissioner further noted the City does not have a plan at the present time on where to plant trees in Josephine Park to provide as much screen- ing for the water tank as possible. He then questioned whether the Commission is pre- pared to make a decision on this proposal at this time. City Manager Wysocki responded that Mr. LeClair proposes to transplant the trees in the spring. He noted that the City might be able to utilize the trees in other areas of the community; however the costs involved in transplanting must be considered. He noted that this proposal allows the City to utilize some of its assets before they become too large to be transplanted--and they are rapidly reaching that point--while being able to take ad- vantage of a cost avoidance situation. The City Manager also noted there are approximately 200 trees in the City1s nursery, in a variety of sizes; so some of the other needs for trees could still be met. He stated that the Recreation Advisory Board does not yet have a plan for the planting of trees; therefore, this proposal should be considered separate from that potential document. The City Manager then requested that the Commission instruct him to enter into an agreement with Mr. LeClair, including the elements which he had outlined at the beginning of this agenda item. He noted that if the Commission does not wish to pursue this option, Mr. LeClair needs to know now so he can get trees from another location. Mayor Stiff asked about the costs involved in relocating the trees; the City Manager responded it wi 1/ cost $150 to $200 per tree. Commissioner Vant Hull stated support for the proposal, noting Mr. LeClair has an extremely high success rate in transplanting this type of tree. Commissioner Martel stated he feels the proposal is reasonable and would be of ben- efit to the City. He then noted one key issue to consider when transplanting trees is whether water is available, since they must be watered well and regularly during the first few years after transplanting. Commissioner Goehrung stated support for this proposal. He then indicated interest in developing a plan for placement of trees in the future, which should assist in plans for future restocking of the nursery. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission authorize and direct the City Manager to enter into an agreement with Mr. Ken LeClair to aI/ow him to transplant thirty trees from the City's nursery, fifteen of them to Josephine Park and fifteen to his project in that immediate area. 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. 10-30-89 f I ~ -.. 1 - 8 - Discussion - methods of assessment for street maintenance districts The City Manager submitted to the Commission a memo from Director of Public Ser- vice PhiU Forbes which provides additional information on methods of assessment for street maintenance districts, based on the Commission's requests and direction at last week's meeting. Director of Public Service Forbes briefly highlighted the information contained in his memo and support documents. He stated that the first page of information reflects square footages of actual lots located in the various commercial and industrial zones in the community and the amount that would be assessed, based on Helena's rate for last fiscal yea r . He indicated these represent typical lots within the zoning districts listed. The Director stated that the second page of information lists the square footages per district, including the cap for residential districts. He noted that the third page re- flects the percentage of total revenues which the residential, commercial and industrial, and publicly-owned and PLI lands would pay, depending on whether 15 percent, 20 per- cent, or 25 percent of the total square footage of the publicly-owned and PLI lands were assessed. Director of Public Service Forbes requested direction from the Commission on what percentage cap they wish applied to all publicly-owned and PLI-zoned lands. He noted af- ter that has been determined, the information is basically ready to be submitted to the data processing department for input into the system. In response to a question from Commissioner Vant Hull, both Director of Public Ser- vice Forbes and Administrative Services Director Gamradt indicated they have no prefer- ence on the percentage cap to be established for publicly-owned and PLI lands. The Di- rector of Public Service did note that, based on a 150-foot depth from public streets, 21 percent of the MSU campus would have been assessed. In response to a question from Commissioner Hawks, Director of Public Service Forbes stated that, after review of the various publicly-owned and PLI lands, he felt that a percentage of the total square footage may provide a more equitable assessment for all of those properties in that classification than a specific depth from the street. He stated that in some instances, like parks, there may be streets along only one side or perhaps on al I four sides. Commissioner Hawks then asked what properties lie in the PLI zone but are not un- der public ownership; the Director responded the hospital and Hillcrest Retireme~e. Mr. Doug Wittren noted there is one lot, containing roughly 7 ,OOO~ jacent to the City Shop at the corner of North Rouse Avenue and East Aspen Street that is in the PLI zone under private ownership. He noted, however, that is so small that it would make no real difference in the overall picture. 10-30-89 .. i .. I - 9 - Commissioner Hawks observed that, no matter what the percentage of the cap, the City will incur resistance from the State and federal level. The Director of Public Service stated that since last week's meeting, Mr. Wittren has listed all PLI-zoned properties; then has gone through records and listed all prop- erties owned by public agencies, no matter what the zoning designation is. He noted that the square footages of all of those properties are included in the total for that category, noting it increased the total by approximately 1,000,000 square feet. He then stated that for each 5 percent the cap is raised, the percentage of overall participation increases by 1 .8 percent. The Commissioners asked several questions to clarify the information submitted; and the Director responded. Commissioner Martel asked if different rates will be implemented, like in Helena, or if one uniform rate will be established. The Director responded that at the present time, he would prefer addressing the issue through a uniform rate. He then suggested that a street maintenance district could be established for the entire community initially. He noted that if areas of the community wish, they can request additional services, and the City can then establish an appropri- ately higher fee. The Commissioners then discussed the various percentage options submitted to them, finally concurring that a 25 percent cap for publicly-owned and PLI lands would be appropriate. The Commission thanked Director of Public Service Forbes for his diligent work on this item. Discussion - policy for sister cities The City Manager noted this is the first of several "fifth Monday discussions" listed on the agenda. He then stated a discussion outline for this item was included in the Com- missioners' packets. Mayor Stiff stated he had requested this item be placed on the agenda. He then indicated that Mrs. Wendy Bay Lewis, Executive Director of the Montana Counci I for I nter- national Visitors (MCIV), has stated a desire to address the Commission concerning this item. Mrs. Wendy Bay Lewis submitted to the Commission a prepared statement concerning adoption of a policy for the Sister Cities program. She noted that the goal of the Montana Council for International Visitors is to bring international leaders to the doorstep of com- muni ties throughout Montana. She stated that the MCIV has become a member of Sister Cities International, which was established in 1956; and they benefit from the information 10-30-89 j' ., .. I - 10 - and programs available through that source. Mrs. Lewis noted that in April, MCIV asked the Commission to proclaim Turrialba, Costa Rica, as a sister city; and the Commission did so. She noted that, subsequent to that, a citizens' group asked the City to proclaim Rivas I Nicaragua, as a sister city; and the Commission did. Mrs. Lewis stated the concept of sister cities is simple--two cities in different coun- tries extend an invitation to each other to pursue mutually beneficial exchanges of people. She noted that the people-to-people exchanges seem to be the most effective method of learning about the world outside our own country. She stated that statistics reveal that Americans know little about their country, let alone other countries in the world. Mrs. Wendy Bay Lewis then submitted the following proposed policy for Commission consideration: The Mayor and Commissioners shall issue a sister cities proclamation upon request of any group of Bozeman citizens who indicate a sincere desire and willingness to undertake mutual exchanges. If the City receives an invitation from a foreign city, then the Commission should announce the invitation at its meetings and in the local newspaper, and inquire whether any group of local citizens is interested in accepting the invitation. If not, then the invitation should be declined. Mrs. Lewis noted that the relative strength or weakness of each sister city linkage will rest solely upon the strength and commitment of the citizens who participate. She also noted that it is natural for sister city relations to be cyclical, with some of them being strong while others may wither and die through a natural process. Mrs. Lewis stated that the structure of the sister city program may vary from com- munity to community, with some of the larger cities having a rather elaborate program with an umbrella organization to operate as an overseer for all other groups involved in sister city relationships with various cities. She also noted the amount expended varies as much as the programs do. Mrs. Lewis then suggested that in Bozeman, the sister city linkages should remain the domain of autonomous citizens I organizations. Commissioner Goehrung asked Mrs. Lewis if her suggested policy reflects the con- cept that the Commission would not make a judgment on the requested sister city relation- ship, but would simply accommodate the interests of a specific group of citizens in the community. Mrs. Lewis indicated that if the request is initiated by a group of local citizens, it does. She once again encouraged the Commission to seek any local citizen support prior to taking action on any requests from foreign communities, since the strength and potential for success would lie in the local citizens rather than in the governing body. Commissioner Hawks expressed an interest in the City of Denver guidelines for the sister cities program. 10-30-89 --~ .. l .. , - 11 - Mrs. Lewis reminded the Commission that Denver's policy was established before any sister cities relationships were pursued, unlike this situation. She also noted that an um- brella organization was created for this program; and substantially more resources and en- ergy are spent in this area than would be possible in Bozeman. She noted that the pro- posal she has submitted is more realistic within the resources which the City of Bozeman has. Mayor Stiff stated the Commission has previously made the conscious decision that this program was to remain revenue neutral. Commissioner Martel asked if any provision could be included to provide for purging of sister city relationships if one has been stagnant or dead for a period of time. Mrs. Lewis stated the Denver policy contains a provision of that nature. She noted that the City could adopt a similar provision, allowing for closure of a sister city relation- ship that is dormant. Mrs. Wendy Bay Lewis then stated there has been a proliferation of sister city des- ignations in the last three to five years; and some cities have as many as ten sister cities. Commissioner Martel indicated an interest in having a provision to dissolve a sister city designation, for any number of reasons including political reasons and inactivity. Mayor Stiff noted the Clerk of the Commission had drafted the discussion outline contained in the packet. He suggested that the proposed pol icy provided by Mrs. Wendy Bay Lewis seems to address many of the points contained in that outline. He then proposed that, rather than reviewing the outline, the Commission direct the Clerk of the Commission and, City Attorney to prepare a proposed policy statement, consulting Mrs. Lewis. He noted the Commission could then review that policy statement and make any necessary revisions. The Commission concurred. Discussion - recycling City Manager Wysocki stated that included in the packets was an outline of items to be considered in a recycling program along with support information, as prepared by Dir- ector of Public Service Phill Forbes. Director of Public Service Forbes stated there is a wealth of information available on recycl ing. He suggested that recycling should be considered as part of an integrated solid waste management plan for the future, encouraging the Commission to address it in that light. He noted that a recycling program does not pay for itself, indicating that the Com- mission must make the conscious decision that the program will cost money to operate. He noted that the City could probably anticipate that approximately 50 percent of the costs of the program could be recovered through sale of those recovered items. 10-30-89 ," 1 ~ " - 12 - The Director stated that if the City does decide to pursue this alternative, one im- portant cornerstone of the program will be to encourage existing recycling operations. He noted that the City level, he would propose that a variable can fee structure for garbage collection be implemented, stating that will encourage recycling. He further noted that the gate fee structure at the landfill must also be revised. He stated the City has almost one full year of data from the scale which has been installed at that facility; and he feels staff could develop a proposed fee schedule based on weight for Commission consideration. He suggested that a two-hour session to discuss this issue more extensively should be set aside, possibly during one of the December meetings. The Director then stated that Lance Kelley, former Engineer I I, spent most of the summer working on information for garbage collection and disposal. He indicated this in- formation will be helpful when addressing various elements as they pertain to implementa- tion of a recycling program, as well as when establishing fees. The Director then stated that to date, only the actual costs have been considered when addressing this issue, not the avoided costs such as extended life of the landfill. Director of Public Service Forbes stated it is his desire to work with Ms. Ursula Neese and the Bozeman Recycling Coalition in developing a proposed program for Commis- sion consideration. He noted that public education is one of the most important factors in making this type of program successful; and he feels the Coalition could be very helpful in that area. Commissioner Vant Hull asked if the proposal would include a City composting pro- gram or if individuals woutd be encouraged to do their own composting. The Director stated that, given the short growing season in this area, he would prefer to encourage individuals to compost. He then noted this is one area where public education is extremely important. Director of Public Service Forbes stated that he feels a recycling coordinator should be designated. He indicated that he does not have time to serve in that capacity; howev- er, he feels that it should be someone in the Engineering Division. He noted that indi- vidual could then be available to respond to the public, review new information in this ar- ea and generally help to ensure the program's success. Commissioner Hawks noted some segments of this issue are more pressing than oth- ers. He then suggested that those more important items could possibly be addressed on an immediate basis, such as disposal of used motor oil in a controlled site. The Director of Public Service stated he does not know what the federal and state guidelines will be; and he feels that information is necessary before the City begins to ad- dress such issues. He stated other important items to be addressed include disposal of household hazardous wastes. He noted that there is a program whereby the City can be- 10-30-89 " \ C 1 - 13 - ~ come designated as the generator of household hazardous wastes if people will take them to a specific location for collection. Commissioner Martel stated care must be taken to only address items at this time which do not require additional start-up costs, particularly where manpower or equipment is involved. The Commissioner then expressed concern about the possible problems which home composting could create, particularly in the area of odor..p, ~j/~7(ib't' ~ ~ ~tc--~f: . The Director of Public Service concurred that odor can be a oblem when mpost- .---;rP ~/l7 t r' ing; however, there are products available which alleviate that situation. H then re- iterated that a public education program is vital when implementing this type of program. In response to a question from Mayor Stiff, the Director stated that doing a de- tai.led cost/benefit analysis prior to implementing the program is vital. Ms. Ursula Neese, Bozeman Recycling Coalition, gave a brief report on the re- cycling seminar held in Seattle this summer. She noted that public education is a priority in establishing a recycling program; and that area must be heavily emphasized, especially if the program is to be undertaken on a large scale. Ms. Neese stated she feels it is im- portantto begin a recycling program in Bozeman immediately to help solve the City's solid waste problems. Ms. Neese noted that the seminar revealed that in some states, the solid waste which is not recycled is packaged and sent to another state for disposal. She noted that Montana is lucky because it has the land to operate landfills; however, protective measures should be taken against the potential of wastes being shipped here from other cities and states. Ms. Neese concurred that issues such as household hazardous wastes and used mo- tor oil must be addressed. She cited the problems recently incurred on the north side of town, where the groundwater was contaminated and some residences were placed on City water to alleviate their problems. Ms. Neese stated that a market for recycled goods must be created if a recycling program is to be successful. She noted that in this instance, the City should consider using recycled materials to help create that market. She then stated that Bozeman could create a model for other communities in Montana and possibly the northwest. She stated the Coalition agrees that a recycling coordinator is needed to make the program successful. City Manager Wysocki noted that discussion of the various aspects needs to be ex- panded during a meeting in December, as suggested by the Director of Public Service. In response to a question from the Commission, he suggested it may be appropriate to con- duct this discussion at the December 11 meeting. Ms. Neese noted there are grant monies available through suits against large oil companies to address problems such as disposal of used motor oil. She stated only eight 10-30-89 ." 'l C 1. - 14 - states have taken advantage of those funds to date; and it appears there are substantial monies available for those who apply and qualify. The City Manager stated that if this is an area which the Commission is interested in discussing, staff will bring it back with additional information. Break - 3:34 to 3:38 p.m. Mayor Stiff declared a break from 3:34 p.m. to 3:38 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Discussion - policy for street parking restrictions City Manager Wysocki noted that Commissioner Hawks had requested this item be placed on the agenda. He then submitted to the Commission a memo, including a copy of Section 10.32.240 of the Bozeman Municipal Code, which gives the Director of Public Safety the authority to impose street parking restrictions. The City Manager then noted that parking restrictions are imposed to create a desired turn-over in vehicle parking; and those restrictions are often initiated by a request to the City. He also indicated that re- strictions may be imposed at intersections in an attempt to gain better visibility. The City Manager stated that the most recently imposed parking restrictions were instituted on North 10th Avenue and West Mendenhall Street, at the request of the Driv- er's Examination Center. He noted that cars were parked along those streets on an all-day basis until the two-hour limitation was imposed to provide more turn-over in the parking. He stated this change is beneficial for those going to the Driver's Examination Center as well as those going to the dentist offices in the immediate area. Commissioner Hawks stated he requested this item be placed on the agenda because of a complaint he received stemming from the installation of two-hour parking signs along West Mendenhall Street. He then suggested the current policy may not provide adequate opportunity for public input when considering a request, noting one of the issues may be the City's unilateral deCision-making process without letting those in the immediate area know about the request or problem. The Commissioner stated he does not feel a formalized process is necessary; however, he does feel that some type of format for making the pub- lic aware of the potential change in parking regulations and an opportunity for input would be of benefi t. Commissioner Vant Hull stated she feels that input from the public would be good. She then suggested a news article or advertisement in the newspaper might be appropri- ate. Commissioner Hawks suggested that notification to people in the immediate area might be more appropriate, since they are the ones who would be most impacted by the 10-30-89 .' '\ , 1. - 15 - change. Commissioner Martel reminded the Commission that public streets are for the public benefit, including transportation and parking. He noted that requests for parking re- strictions on those public roadways must be made on a case-by-case basis; however, he feels some modification should be made to the process. He indicated the surprise element could be disconcerting, but it could be easily mitigated. City Manager Wysocki suggested that the City could follow a policy of notifying all property owners of record within a specified distance of the proposed change in parking regulations, providing a period for response. He reminded the Commission that the staff's decision will be based on what is best for the area on an overali basis. He then indicated that a copy of the notice could be submitted to the Commissioners where a change is being contemplated so they are aware of the action as it is being taken. Discussion - streamlinin of rocess for consideration of land use re uests, i. e., classi- ficat ion 0 use The City Manager stated that Mayor Stiff requested this item be placed on the agenda, in light of the earlier item on the agenda concerning the Alpine Motors issue. He stated that during this past week, the staff took a careful look at last week's discussion of this item and submits the following recommendation. He suggested the best solution would be to follow the basic public hearing format, accepting comments from the staff and the applicant, after which public comment could be received. He noted the Commission could then proceed with its discussion of the item, after which the decision could be made. He noted that any information applying to the agenda item could be included in the packets so the Commissioners have an opportunity to review those documents prior to the meeting. In response to a question from Commissioner Hawks, Planning Director Epple stated that the draft zoning documents did not include a provision for classification of use by the City Commission. He stated that one of the comments forwarded by the ad hoc implementa- tion committee was that such a provision should be placed in the document. He noted that in the future, the staff could take more time to carefully review the request and submit additional information to the Commission when it is initially considered. He also indicated that a meeting with the City Attorney prior to placing the issue before the Commission could help prepare the staff better for the discussion. City Manager Wysocki asked if there is any more appropriate body than the City Commission to make classification of use decisions, suggesting the City-County Planning Board. He then observed that the City Commission does meet on a weekly basis, which would provide a more prompt response to the question. Commissioner Vant Hull stated she would prefer to retain classifications of use at 10-30-89 .. .. f ", - 16 - the City Commission level. Commissioner Hawks stated that to allow the City-County Planning Board to make the decision would help to ensure apolitical decisions which maintain the integrity of the documents. He noted, however, that this type of decision is more appropriately made by the governing body, after the staff has conducted its review of the request. Planning Director Epple stated he feels that to formalize the process more would make it operate much more smoothly. Commissioner Martel questioned why the Alpine Motors request was placed on the agenda as a "classification of use", since it is a permitted use in the B-2 zone in which it is located. The Planning Director stated that the combination of uses on a single lot constituted a planned unit development, which is a land use; and he feels the process of requesting a classification of use for that situation was appropriate. City Manager Wysocki indicated the more formalized process will be followed when the next request for classification of use is submitted to the Commission for consideration. Discussion - process for issuance and enforcement of building permits City Manager Wysocki stated that Commissioner Hawks requested this item be placed on the agenda. He then asked for specific examples of these concerns, noting it would be easier to address the item if the expressed concerns were known. Commissioner Hawks stated that the people who approached him do not wish to have their names or the nature of their problems released. He then indicated the header on this agenda item is slightly misleading, since the real problem seems to be lack of an occu- pancy permit to ensure that all zoning and site plan requirements have been met. He then suggested that landscaping should definitely be a part of the building occupancy permit process. Planning Director Andy Epple briefly reviewed the current policy. He reminded the Commission that approximately two years ago, the Planning Department was reorganized to include the planning, zoning and community development, and building inspection functions. He stated that this action has basically eliminated the serious problems which had historically existed between the planning and building inspection segments. He noted that under the present system, he reviews plans for construction, as well as the Building Official, prior to issuance of a building permit. After construction has been completed, an inspection is made to ensure that the building has been constructed in accordance with the plans and that the items contained on the site plan have been installed, prior to issuance of an occupancy permit. He noted that if not all of the improvements have been installed, the developer must enter into an improvements agreement and provide the required finan- 10-30-89 .' .. f- " - 17 - cial security to ensure that those improvements will be made within the appropriate time period. The Planning Director then reminded the Commission that these steps do not ap- ply to single-family residences or duplexes, since they are exempt from the requirement of an occupancy permit. Commissioner Hawks agreed that some of the complaints received could be due to carry-overs from past years. He then expressed concern that the new draft code from the consultants does not include any provision for an occupancy permit; and he feels it should be included in that document rather than followed as a pol icy. Planning Director Epple noted that if any complaints are from recent construction projects, he needs to know the specific problem so he can address it. He then reminded the Commission that if a project is approved through the conditional use process, the ap- plicant has eighteen months from the time of final site plan approval to complete installation of the improvements. He noted that in several instances, the buildings approved through this process are currently occupied; however, the staff also has an improvements agree- ment and some form of financial security to ensure that those improvements are completed. City Manager Wysocki stated this issue should be addressed in the code. He in- dicated this is the only way to address some of the disparity in improvements required un- ". der the permitted use and conditional.use process. Planning Director Epple reminded the Commis1Sion that an occupancy permit is issued as a result of compliance with the Uniform Building Code. He indicated there is no cur- rent requirement for an occupancy permit which is issued as a result of compliance with the Ci ty's zone code; however, the staff does review that aspect as well. He then sug- gested that integrating a zoning compliance permit into the process should address this is- sue. In response to a question from Commissioner Hawks, the Planning Director indicated site plans are not required for residential units unless they are part of a planned unit de- velopment. He noted that staff does review the plans submitted to ensure that the bulk and height of the structure are within the guidelines and that the setback requirements have been met. City Manager Wysocki stated he feels the necessary steps have been taken to en- sure that staff has an opportunity to review the property to ensure compliance with the zone code. He reminded the Commission that the business licensing procedure has been changed to provide for staff review and input prior to issuance of the license. He noted these additional steps should help to address the problems which have been incurred in the past. The Planning Director noted one problem incurred now is the failure to apply for a business license, such as in the instance of Alpine Motors, which was addressed earlier in 10-30-89 ... ... .. ". - 18 - the agenda. Commissioner Hawks indicated an interest in developing some type of disincentive for those operating without a business license. Commissioner Vant Hull suggested that review of the new business news section contained in the Sunday newspaper could be helpful. Commissioner Martel noted that failure to complete the landscaping requirements is one of the most obvious deficiencies. He stated, however, that if the interior has not been fully completed, steps should be taken to ensure that the appropriate steps have been taken to protect the public in the completed portion of the building from potential problems in the unfinished portion. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated they receive many telephone cails asking what the requirements are for starting a business. She suggested that a short statement from the City that they could circulate could be very beneficial. Discussion - transportation plan update City Manager Wysocki stated that at the last PCC/T AC meeting, the City learned there might be some monies available through the State for update of the transportation plan. He reminded the Commission that since that time, the City has received a letter from Mr. Keenan Bingham at the State Department of Highways indicating that $30,000 will be available over a two-year period. He indicated that subsequent to receipt of that let- ter, the City has been in contact with the County Commission to indicate an interest in possibly pursuing this opportunity. The City Manager then reminded the Commission that Cas Tax monies have been set aside in the Capital Improvement Program under long-range road improvements; and he will suggest budgeting some of those monies for this project. He then indicated the anticipated cost of the update is $75,000 to $80,000. I n response to a question from Commissioner Martel, the City Manager indicated that an outside consultant will be retained to do the update. Commissioner Martel asked if BRW could possibly be retained to prepare this update as well, since they are just completing the planning and zoning documents. The Planning Director indicated that the firm does have a traffic planning staff. City Manager Wysocki reminded the Commission that if State monies are utilized in this project, the State's process for selection of a consultant must be followed. He then noted that this issue will probably surface at the PCC/TAC meeting in December; and the City should be prepared to speak up if it wishes to pursue this funding source. 10-30-89 .. .. f' -. - 19 - Re ort re attendance at Center for the 1m rovement of Public Mana ement - Commissioner Goe rung City Manager Wysocki stated that Commissioner Goehrung had requested this item be placed on the agenda. Commissioner Goehrung noted that, included in the Commissioners' packets were excerpts from the information he had received during sessions on conflict, leadership and strategic planning. He then addressed each of those issues individually. The day-long session on conflict was conducted by Elaine Yarbrough. He noted that she was powerful and dynamic; and he encouraged the Commissioners to read the in- formation he had submitted on this subject. He stated it is important to remember the personality you are dealing with during conflict or negotiation; and antagonistic positions should be avoided whenever possible. The second session he addressed was the leadership seminar, which was conducted by Dr. Robert Terry. The Commissioner noted there are four interdependent dimensions to be considered--mission, power, structure and resources. He briefly highlighted this concept, noting that "mission" can be interchanged with "goals"; and "resources" includes staff assistance. The Commissioner noted there are several diagrams in this information, reflecting the different levels on which various elements are located, and those items which are in- cluded in each element. He stated that in the seminar, it was suggested that if an issue or item cannot be addressed at one level, the Commission should move to the next level to resolve it. He noted that many cities face roadblocks in resolving problems due to mone- tary restrictions; however, moving to the next level up often results in a solution. Commissioner Goehrung stated that when considering issues, the metaphores in poli- cy must be addressed--in this City's instance, the public health, safety and welfare. The Commissioner then stated that every personal decision is based on ethical is- sues; and four questions were posed to determine if the decision is an ethical one: (1) would you like it reported accurately in the media with no chance to respond; (2) if the policy was proposed and you didn't know if you were going to live under it, would you; (3) can you explain it to your children with integrity; and (4) does the policy or action build a sustainable future? Commissioner Goehrung noted the last page of this information is on "ieadership and followership" . He then encouraged the Commissioners to review this information, indicating a willingness to answer any questions they may have. He also indicated that he has the entire notebook from the seminar; and any interested Commissioner may review it. Mayor Stiff noted the four questions provide a good perspective for Commissioners. Commissioner Hawks noted that some of the examples in conflict resolution reflect a 10-30-89 ." .. t' '. - 20 - blatant manipulation of individuals, rather than allowing natural interaction. Commissioner Goehrung responded that is often the nature of public sector settings. He then noted that this seminar included the idea of the "client-centered courthouse", where people help the public resolve problems rather than creating a bureaucracy. Commissioner Goehrung then addressed the third segment of information submitted, which addresses strategic planning, a seminar given by Louis Weschler. He noted that Los Angeles is the "second most planned city" in the United States, behind Washington, D.C. He noted that planning is tough because of small subdivisions which have major impacts on the community. He stated the instructor compared leadership and planning to the feathers of an arrow, noting they provide the direction of the arrow. He then noted that the so- phisticated radar-system rockets travel toward a target, changing direction based on nega- tive information received. He indicated that public policy makers operate on much the same system as those rockets; however, their task is more difficult because the target is constantly moving. The Commissioner noted that the quote from Wayne Gretzky, "I skate to where I think the puck will be", is very accurate. He stated that to follow that philosophy will allow a public body to create its own good luck on occasion, noting that every so often one's anticipations must be correct. Commissioner Goehrung closed his report on attendance at the Center for the Im- provement of Public Management by stating it is difficult to submit a report which will give the Commissioners an idea of the information obtained at the ten-day seminar. He a I so noted that the participants did several "games", which provided an insight and interaction which is not otherwise attainable. He then cited, as an example of how the course affects people, a lady from Denver who came to the conference in a tired and fragmented state and the visible change in her during the course of the seminar. In response to a question from the City Manager, Commissioner Goehrung stated that on the ninth day of the seminar, the participants placed six issues on the floor for discussion. He indicated that he took the issue of City-County cooperation, since both he and County Commissioner Jane Jelinski were present. He noted that other issues placed on the floor were more specific in nature; and participants were given the opportunity to select the topic they wished to discuss. Commissioner Vant Hull stated she has had reservations about sending a Commis- sioner to this program, since a majority of the participants are executives rather than elected officials. She noted that this conference has reaffirmed that concern. Commissioner Goehrung stated there were five elected City and County people in attendance at this conference. He noted that to have a mix of executive and legislative types present helps to provide a balance and provides good information and input for all 10-30-89 -.-.----- .~ ... .- .. - 21 - participants. He also noted the one-on-one conversations after the meetings can be very enlightening and informative as well. He then indicated an interest in encouraging other people from the City--staff as well as Commissioners--to attend this program if possible. In response to a question from Commissioner Martel, Commissioner Goehrung stated that alumni of the program attended a two- or three-day refresher while he was at this ten-day program. He noted, however, that the two groups did not mingle; therefore, the new participants did not gain any input from that source. He stated that this was the six- teenth program; and the participants did receive an alumni bulletin that lists the over 500 participants to date. He noted that when problems are incurred, alumni of the program are encouraged to call others in the bulletin to seek solutions. He stated that the network created in this manner is a very important aspect of the program. The Commission thanked Commissioner Goehrung for his presentation. Goals update - City Manager Wysocki The City Manager provided an update on the goals established for Fiscal Year 1989-90, as follows. I. Street maintenance. Complete street maintenance districts ASAP. This program is moving forward. The staff had set a deadline of April 30 to com- plete the preliminary work and adoption of an ordinance to create the street maintenance districts by July 1, 1990 so assessments may be made for next fiscal year. The City Man- ager noted this process is running approximately thirty days ahead of schedule at this time; and that lead can be maintained If Doug Wittren can be retained until the process of parcel identification can be completed. II. 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. The new well in Lindley Park should enhance maintenance of that park as well as portions of the cemetery. This year's budget allowed for hiring of more part-time people to complete more of the work. The staff pursued the possibility of hiring Green Thumb persons, including asking for information from Great Falls and lewistown; however, no re- sponses have been received to date. The staff tried to take advantage of JT A monies as much as possible, to acquire additional summer help. This year's CIP budget will include one replacement mower, which should alleviate some of the maintenance problems being faced at the present time. The City Manager stated that a City-wide volunteer coordinator might be able to assist in addressing some of the problems and areas which the City has been unable to address due to lack of money and manpower. 10-30-89 4'" . .. ~ - 22 - ~ III. Create an implementation plan for the comprehensive enforcement of city ordinances. This project has not yet been undertaken , due to lack of staff time. The City Manager noted that some ordinances have been updated and revised; however, a systematic approach has not been implemented. Commissioner Hawks asked if the staff could set a time, such as February or March, when the workload might be lighter, to undertake this issue. The City' Manager stated that the staff is planning to begin the budgeting process earl ier this year, so the budget can be basically completed by the first of the fiscal year; and that means the Commission $hoLlld consider its goals roughly thirty days earlier so those issues can be considered during the budgeting process. Commissioner Martel asked if an intern could "/1,ertake this project; the City Man- I) ager responded the process would be more effective' someone familiar with the ordinances and inherent problems did the review. In response to a suggestion from Commissioner Hawks, the City Manager indicated the staff can try to begin the review of ordinances in January 1990. IV. Develop tree planting and maintenance program (parks and parking). Parking maintenance and tree planting district resolved. Staff has projected that it will take seven to ten years to complete the initial sweep of the city, even through use of contracted services. The City will probably maintain the trees in its parks and the cemetery. The City Manager noted that the City crews did ex- tensive tree trimming in Beal I Park and Cooper Park this past summer. He then suggested that creation of a street maintenance district may create some additional buying power that could be utilized to further this goal. The City Manager stated that one way to help address this area would be to require planting of trees in new developments under the City's subdivision regulations. Commissioner Vant Hull stated that when the City was considering placement of a mill levy for economic development on the ballot, she learned that beautification of the community through tree plantings and their maintenance to attract businesses to the area would be an allowable use of those monies. She suggested that this option should be con- sidered when this issue is discussed in the future. The City Manager stated that Administrative Services Director Gamradt observed that the flags which were erected along Main Street and North 7th Avenue as a part of the beautification project this year were nice; however, a considerable amount of money was spent for items which lasted only one summer. He has suggested that the City use those monies to purchase and plant trees, which will last for a much longer period. The City Manager then noted that the Beautification Committee has been asked to work on a tree or- dinance; however, he does not know the status of that project. 10-30-89 '""7< ... -- .' '", - 23 - V. 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. This item was covered earlier in the agenda; and further discussion has been set for a meeting in December. Commissioner Goehrung asked about the possibility of billing garbage collection as- sessments on a semi-annual basis, rather than one payment in November. The City Manager responded that billings in November and May would increase the costs, without increasing the receipts. He further noted that the cash flow is better un- der the existing system. He then reminded the Commission that the average garbage col- lection bill is approximately $75 per year. He suggested that if the Commission is inter- ested, this item could be pursued in the December discussion as well. Commissioner Martel asked about the status of City garbage collection in New Hyalite View Subdivision, as requested by those residents. The City Manager noted that those residents wishing City garbage collection may complete an appiication and submit the appropriate fee for the remainder of the fiscal year. Garbage collection for those residents will begin on November 6. He then indicated that 45 people have signed up for garbage collection to date. V. Strict enforcement of vacant lot maintenance. This program was begun this summer, with approximately 90 percent of those con- tacted bringing their lots into compliance with the ordinance. The City Manager noted the one major stumbling block was the old Milam's lot on North 7th Avenue, where the agent for the property did not respond to the City's contacts. He indicated the staff determined it would not be appropriate to begin harsh enforcement of the ordinance through court action during the first year of implementation; however, he noted it may be appropriate to take such action next summer if cooperation from the owner or his agent is not obtained. In response to a question from Commissioner Hawks, the City Manager indicated that the staff will talk to the Parking Commission at their next meeting about better main- tenance of the City's parking lots in the future. VII. Gas tax/wheel tax. Gas tax or alternative. The City's hands are tied at this time, since the County must initiate placement of a gas tax on the ballot. The City Manager noted that either the County Commission's atti- tude must change, or a legislative change will be needed before this issue will become a reality. Commissioner Vant Hull stated that Mr. Greg Beardslee, a City resident, has in- dicated his intent to begin a petition to place the gas tax on the ballot. She stated he 10-30-89 :'!~.]""I';. ..' +. ~ " "~ .. - 24 - feels this is a better alternative than having the City create a street maintenance district, since all County residents would pay the tax. City Manager Wysocki expressed concern that to begin two actions such as this could result in neither action being pursued to completion; and the City would remain in its current situation. He noted that if a gas tax does become a reality after the street maintenance district has been created, the assessment rate could possibly be adjusted sl ightly. VIII. Update the transportation master plan, including completing the belt loop around the city. 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 Commission discussed updating of the transportation master plan earlier in this agenda. The City Manager then stated that staff is currently working with staff members from the State of Montana Department of Highways on the acquisition of right-of-way for the extension of Kagy Boulevard; however, that process is moving slowly at this time. He then indicated that Morrison-Maierle has almost completed the preliminary design work for the third interchange, per the current contract. He indicated that during the budgeting process for the Capital Improvement Program budget, he will ask the Commission to appro- priate additional monies to continue the design work for that interchange. In response to a question from Commissioner Vant Hull, the City Manager indicated that acquisition of right-of-way for the interchange is currently at a standstill. He noted at the present time, it is better for the City to concentrate on the design process and co- operation with the County to ensure that road improvements are in harmony, rather than pursuing acquisition of land. IX. Set an example for clean-up and beautification on city properties. The City Manager noted that the area around the City Shop was one targeted for this goal. He stated that at the present time, the staff is looking at the possibility of removing the underground tanks; therefore, it is not appropriate to begin any beautifi- cation efforts that may have to be removed in the near future. He then stated that Direc- tor of Public Service Forbes has noted that there has been no vandalism in the City yards to date; however, he is concerned that to create some type of screening through a fence or vegetation could lead to such problems. In response to a suggestion from Commissioner Hawks, the City Manager indicated it might be possible to plant some vegetation along the north and east sides of the property; however, care must be taken to ensure it will not be disturbed during removal of the tanks. City Manager Wysocki noted there are other City-owned properties to be considered 10-30-89 >1''''' _~ . . .. - 25 - under this item as well. He suggested it may be appropriate to mow the linear park once a year to decrease the fire danger which exists with the tall dry weeds. H~ stated that undeveloped parks should possibly be approached in the same manner. He then indicated the dirt pile was removed from Langohr Park; and another one was started in Westlake Park, which has been removed as well. Commissioner Vant Hull left the meeting at 5:23 p.m. The City Manager suggested that some type of land swap between the City and County should possibly be considered at some time in the future, noting it could accommo- date expansion of the Fairgrounds as well as an area for a new American Legion baseball field and soccer fields. In response to a concern expressed by Commissioner Hawks, the City Manager in- dicated the lights at the Recreation Complex have been realigned so they do not create problems for motorists on the interstate; and lights at a new field must also be directed away from that roadway. IX. Pass an ordinance against garbage cans being left at curb except for pick- up (beautification issue). Enforce garbage can adequacy and alley clean-up. The City Manager stated he feels it would be more appropriate to address this item, and any needed changes in the ordinance, at the same time the recycling issue is con- sidered. The City Manager then indicated that the City did grade and patch alleys this sum- mer. Also, letters were sent to property owners requesting that encroachments into the alley be removed and that trees and vegetation be trimmed; and the response to those re- quests has been good. He noted that if residents cooperate in this manner, it alleviates much of the City's work in this area. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1 ) A memo from Recreation Superintendent Sue Harkin inviting the Commission- ers to attend the dedication of the Gallagator Linear Park at 4:00 p.m. on Sunday. Novem- ber 5. (2) Agenda for the Chamber of Commerce Governmental Affairs Committee meeting to be held at 7:30 a.m. on Thursday, November 2, 1989 at the GranTree Inn. (3) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Wednesday, November 1, in the Commission Room at City Hall. The City Manager reminded the Commission that this reflects a change in time and meeting place for the Board. (4) Copy of a certificate recently received by Street and Sanitation Superinten- 10-30-89 t;.......zw 4 .'"'' .. - 26 - dent Roger Sicz for landfill operations. (5) The City Manager submitted his weekly report, as follows. (1) The hearing scheduled before the Water Court on November 2 to review Dr. Chemodurow's claims has been changed to November 27, due to his recent hiring of an attorney. (2) Considerable staff time was spent in preparing for this week's agenda. (3) He noted that the interim zoning ordinance was not covered in the advance story for this week's meeting, even though he feels it was one of the more important items on this agenda. (4) He worked with Mr. LeClair this week to prepare the proposal which was before the Commission on relocation of trees from the City's nursery. (5) The water development bonds for Phases II and III of the Lyman Creek Water System Improvements have been sold, at the interest rate of 6.87 percent; and the City will receive a 2 percent discount for the first five years for this second phase. He noted that the bonds for the first portion of the project were sold at 7.23 percent; and the City received a discount of 3 percent for the first five years. He reminded the Commission that with the new monies, the pipeline to the spring and the spring box will be completed so the entire water source is contained and never exposed to the air. In response to questions from Commissioner Hawks, the City Manager indicated that the pumps which pump this water into the City's distribution system have been operable except for a short period in July. He then indicated he is not sure how much of that water supply should be pumped into the distribution system or on how steady a basis. (6) He noted an article in the October 23 Nation's Cities Weekly discusses proposed legislation entitled the "Billboard Control Act of 1989", which would place a moratorium on construction of new billboard signs and allow local governments to determine how those signs should be removed. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. of November 13 in com Iiance of November 13 in Claims Proclamation- "Up With People Day" - November 6, 1989 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- 10-30-89 " , ~:.. i .~4 I ,... .'0.., .. - 27 - missioner Martel and Mayor Stiff; those voting No, none. Adjournment - 5:34 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks ,seconded by Commissioner Martel, that the meeting be ad- jou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. t 10-30-89