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HomeMy WebLinkAbout1990-06-18 '.' T,/-e"-~ f" --."' - . .. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 18, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 18, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Act- ing City Manager Brey 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 - June 4 and June 11, 1990 Mayor Hawks deferred action on the minutes of the regular meeting of June 4, 1990, for a period of one week. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of June 11, 1990 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Report from sub-committee re Bozeman Senior Citizen Center Acting City Manager Srey submitted to the Commission a written report submitted by the sub-committee which reviewed the administrative structure for the Bozeman Senior Citi- zen Center. He reminded the Commission that on March 19, the City Commission considered a proposed resolution to abol ish the Senior Citizen Advisory Council and designate a Board of Directors to take its place. He noted several concerns were expressed at that time; and Commissioner Knapp was appointed to serve on the sub-committee to review the issues and submit a report back. He then recommended that the Commission acknowledge receipt of the report and refer it to staff for review and comment prior to any Commission action. Commissioner Knapp briefly highlighted the report which the committee had pre- pared. She noted that the City has invested over $.5 million in the subject property; and it funds approximately $20,000 each year for operations and maintenance of the facility in addition to capital improvement items such as carpet replacement. She stated that the com- mittee feels that, In light of its financial investment, the City should become more actively involved in the operation of that facility. Commissioner Knapp then reviewed the following recommendations from the committee: 06-18-90 .- .. ., i. i . ~- - 2 - 1. That the City Commission act to disband the Senior Center Advisory Council for the various reasons stated in the February 8, 1990 memo from Sue Harkin. 2. That a new five-member board be appointed with two members repre- senting the senior community and three members representing the gen- eral city population. 3. That there be a City staff member selected to assist the new board to schedule meetings, prepare agendas, notify members and all other in- terestedparties, take minutes, transcribe the minutes and distribute them to all interested parties. 4. That good communications be developed among the center board, the City Commission and the County Commission. 5. That the new board work out the division of responsibilities for cur- rent management of the facility with the Bozeman Senior Social Center organization, with as little disruption to programs and patrons as pos- sible. 6. That the City acknowledge the great and continuing contributions made to the Center by the Social Center organization over the years and in- to the future. Commissioner Knapp stated that the Senior Center Advisory Council has, in fact been disbanded, recommending that the Commission adopt a resolution formally abolishing that body. She noted that the five-member board listed in the above recommendations would take the place of that old advisory group. She stated that to have a staff member provide assistance in scheduling meetings, preparing agendas and transcribing the minutes will help to ensure that the City is aware of the activities of that board. She also noted that it is important to maintain communications with the County Commission because of the contributions they make through grants to the various senior citizen programs. Ms. Milly Gutkoski, member of the sub-committee, stated that City oversight of the facility is necessary. She noted that the senior citizens have done an excellent job of maintaining and operating the facility to date; however, she feels that closer City oversight is needed to ensure that problems do not arise in the future. In response to a question from Commissioner Frost, Commissioner Knapp noted that there are no sections in State law which dictate how the proposed board would operate; therefore, she feels that it would be appropriate to establish the Board of Directors as an advisory board to the Commission. Commissioner Goehrung asked if all of the points contained in the original request submitted by Sue Harkin were addressed by the committee. Commissioner Knapp noted those points were not specifically addressed. She then suggested that the recommendations submitted by the committee can be considered as an al- ternative to the request previously submitted by staff. Mayor Hawks thanked the committee for their report and recommendations. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the report submitted by the sub-committee which 06-18-90 i . " i . ; - 3 - reviewed the administrative structure of the Bozeman Senior Citizen Center, and refer it to staff for review and comment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. City Attorney's report re. self-government powers The Acting City Manager noted that, included in the packets was a memo from City Attorney Becker, along with a lengthy attachment, concerning self-government powers. He then suggested, since the City Attorney is not present, that discussion on this item be de- ferred unti I next week's meeting. The Commission concurred; and Mayor Hawks requested the item be placed on next week's agenda. Cit Attorne 's report re Section 76-2-312. M.C.A., limitation on commission-mana er form 0 government rom extraterrltOrta su 'VIsion review Acting City Manager Brey submitted to the Commission a memo from City Attorney Becker indicating that he is waiting for Information on passage of the original bill, which has not yet been received. He noted the City Attorney has requested that discussion be deferred until he has received and reviewed that information. Ordinance No. 1312 - Section 2.36.030, B The Acting City Manager presented Ordinance No. 1312. as reviewed by the City At- torney, entitled: ORDINANCE NO. 1312 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, AMENDING A PORTION OF SECTION 1 OF ORDINANCE NO. 1175, AS CODIFIED IN SECTION 2.36.030 OF THE BOZEMAN MUNICIPAL CODE. ~ The Acting City Manager reminded the Commission that they had provisionally adopt- ed this ordinance, as revised, at their regular meeting held on June 4. He then recom- mended that it be finally adopted at this time. It was moved by Commissioner Swanson,. seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1312, changing the name to "Recreation and Parks Advisory Board" and providing for up to twelve members with staggered three-year terms. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. 06-18-90 ., . ~. .. 4 . - 4 - Ordinance No. 1313 - amendin Section IV. of Ordinance No. 553, as codified in Section 9.66.110, BMC, to delete re erence to ommlsslon Acting City Manager Brey presented Ordinance No. 1313, as reviewed by the City Attorney I entitled: ORDINANCE NO. 1313 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION IV. OF ORDINANCE NO. 553, AS CODIFIED IN SECTION 9.66.110 OF THE BOZEMAN MUNICIPAL CODE. The Acting City Manager reminded the Commission that they had provisionally adopt- ed this ordinance at their regular meeting held on June 4. He then recommended that it be finally adopted at this time. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission finally adopt Ordinance No. 1313, to delete reference to the "Park Commission." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Appointments to sub-committee to review master plan revisions Acting City Manager Brey reminded the Commission that at the meeting conducted on June 14 between the City Commission and the County Commission regarding the County's revisions to the Master Plan, it was determined that a sub-committee should be appointed to review those revisions and develop a proposed compromise acceptable to both governing bodies. He noted that County Commissioner Ray White, County Commissioner Dave Pruitt, County Subdivision Review Officer Mary Kay Peck, and City-County Planning Director Andy Epple have already been appointed to serve on the committee; and the City Commission must now appoint two of its members to complete the committee's membership. Mayor Hawks suggested that he and Commissioner Frost be appointed to serve on the committee, since they have been closely involved in the process. He noted that all of the Commissioners should participate by providing their constant input to the two Commissioners who are representing the City. The Mayor also suggested that it be appropriate for the City Commission and County Commission representatives to let the positions of the govern- ing bodies be known; then let the staff members attempt to develop the proposed revisions to help the process run smoother. Commissioner Goehrung noted that at the meeting held on Thursday evening, a ma- jority of the time was spent discussing only one issue; and there were a number of pro- posed changes submitted by the County that were not discussed at all. He then asked if those items will be addressed as well. Acting City Manager Brey stated It is the intent of the staff members appointed to 06-18-90 I . . A I T - 5 - the committee to methodically proceed through each and every revision proposed by the County. He noted that the discussions at the meeting were the direct result of frustration about one major issue. Commissioner Frost requested that each Commissioner submit comments in writing about the revisions, so the sub-committee members can carefully review them to become fam- iliar with the City Commissioners' positions before entering the sub-committee meetings. Mayor Hawks noted he will ,be absent for the next week and asked if any Commis- sioner would be willing to serve in his place. Commissioner Swanson indicated a willingness to do so. In response to a question from the Acting City Manager, Mayor Hawks stated he feels that City staff should be In the middle of the sub-committee review process. In response to a question from Mayor Hawks, the Acting City Manager stated that it is his understanding that the County staff Is in the process of identifying parcels of platted, undeveloped land to determine ownership and whether they can be replatted into larger, more viable tracts. It was moved by Commissioner Goehrung, seconded by Commissioner Swanson, that Commissioner Frost and Mayor Hawks be appointed to serve on the sub-committee to review the Master Plan revisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Swanson, Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. Appointments to Historic Preservation Advisory Commission (5) The Commission deferred action on this item until the evening session, so additional information can be provided. Appointment to Library Board of Trustees (1) Acting City Manager Srey submitted to the Commission a list of applicants for the various boards and commissions, as prepared by the Clerk of the Commission. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the COl11mission reappoint Edna Berg to the Library Board of Trustees, with a five-year term to expire on June 30, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commis- sioner Goehrung and Mayor Hawks; those voting No, none. Appointments to Parking Commission. (2) The Acting City Manager stated that there are two vacancies on this commission; however, only one application has been received to date. 06-18-90 .. . . 4 . i - 6 - Commissioner Goehrung stated this is one of the committees which the Commission has discussed on various occasions, noting that one of the topics has been motivating them to beautify the downtown parking lots. He then suggested that the Commission may wish to direct the Clerk to readvertise the vacancies, and appoint both members at a later date. Commissioner Goehrung then suggested that an item be placed on next week's agen- da, with staff to provide an historical background on the committee as well as discussion on how to revitalize the committee. The Commission then directed the Clerk of the Commission to readvertise the va- cancies. Appointment to Recreation and Parks Advisory Board (1) Acting City Manager Brey reminded the Commission that one of the members has submitted his letter of resignation. He also noted that early in the agenda, the Commission finally adopted Ordinance No. 1312, which provides expansion of the membership to up to twelve members. The Acting City Manager then noted that no applications have been received to date. He suggested that the Commission direct the Clerk to readvertise. He stated that when the item is placed on the agenda again, the Commission could appoint the replacement member, then appoint up to three additional members, whose terms would begin on July 18, when the ordinance becomes effective. Mayor Hawks suggested that the Recreation and Parks Advisory Board be notified that applications are being accepted for positions on that board. He expressed concern about the costs of advertising, especially when inadequate applications are received to fill the vacancies. Discussion - FY I Items The Acting City Manager presented to the Commission the following "For Your 'nfor- mationll items. (1 ) Copy of an advertisement announcing that the weed abatement ordinance will be enforced, beginning immediately. Mayor Hawks noted that the City has begun enforcement of this ordinance in an ef- fort to promote beautification in the community. He then expressed concern that the City has some properties which need attention because they look as bad as any of the private property. He indicated that he had requested staff to mow the boulevard on South 8th Ave- nue from Main Street south; however, that was not done prior to the CNFR festivities held last week. The Mayor then requested that the City staff be made aware of the Commission's 06-18-90 , . ; ~ . 1 - 7 - concerns about the appearance of City properties, especially along the entryways and most visible sites. (2) Agenda for the City-County Planning Board meeting to be held on Tuesday, June 19. (3) Invitation to attend an "appreciation reception" to be held for Dennis Seibel from 4:00 to 5:30 p.m. on Thursday, June 21, at the Library meeting room. In response to a question from Commissioner Swanson, Commissioners Frost and Knapp stated their intent to attend; Commissioner Goehrung noted he will try to attend. (4) Letter from John A. Tyers, 314 West Villard Street, dated June 8, stating opposition to the proposed street maintenance district. (5) Letter from the Chequamegon Village Board of Directors, dated June 4, re- questing that their development be exempted from the street maintenance district. (6) A copy of the receipts for Three Rivers Disposal to dump at the City landfill on June 7, 8, 11 and 12, 1990. ( 7) The Acting City Manager submitted his weekly report as follows: (1) The Commissioners received a memo from him and Planning Director Epple outlining the rationale involved and the unresolved issues in final ization of the zone code. He noted that many of the items have been discussed, but no final policy decision has been made. He noted that a number of issues will be addressed through the interim zone code amendment process be- cause they must be addressed before the staff is prepared to submit a final zone code doc- ument for Commission consideration. (2) Six items are scheduled before the Development Review Committee at tomorrow's meeting. (3) The Director of Public Service met with the Middle Creek Water Users' Association last week to discuss purchase contracts. (8) Commissioner Swanson stated that on Friday evening, he met with Recreation Superintendent Sue Harkin, Recreation Advisory Board member Joanne Jennings and a rep- resentative from a local bicycle shop regarding the establishment of a bicycle advisory board. He noted that they prepared a proposed resolution, along with a draft policy and procedures manual; and he will submit the proposals to the Recreation Advisory Board at their meeting tomorrow night. He then noted that he will recommend that a sub-committee of the Board be appointed to review the draft documents and submit a recommendation back to the Commission in the next three or four weeks. (9) Commissioner Swanson stated he participated in clean-up of Langohr Park on Saturday under an "adopt-a-park" concept. He noted that about ten people worked on the clean-up project for three to four hours; and they gathered a substantia I amount of trash. (10) Commissioner Swanson noted that the railroad crossing on North Rouse Ave- nue has been greatly improved with last week's efforts. He suggested that the Commission might consider sending a letter of thanks to Montana Rail Link. 06-18-90 , . I ~ . 1 - 8 - (11 ) Commissioner Swanson noted that Albertsons' is currently paying 5 cents per bag for returned bags. He noted it is a good idea and should be encouraged, possibly through the Recycling Coalition. He also noted the store should be congratulated for tak- ing the Initiative. (12) Commissioner Knapp attended the Chamber of Commerce Governmental Affairs Committee meeting on Thursday morning. Topics of discussion included efforts of the Montana Tax Reform Coalition. (13) Commissioner Knapp attended the Interagency Breakfast on Wednesday morn- ing. (14 ) Commissioner Knapp attended a sub-committee meeting on Tuesday morning to finalize the report submitted to the Commission earlier in the meeting. (15) Commissioner Goehrung reminded the Commission of the potluck dinner at 6: 30 p.m. tomorrow for the Recreation Advisory Board, as well as the 7:30 p.m. ice cream social at the Bogert Park Bandshel/. (16) Commissioner Goehrung stated he talked briefly with the Recycling Coalition about their proposed pilot program. He noted they plan to target a ten-block area in the northeast sector with an education program, followed by a pilot curbside recycling effort. He stated that if that Is successful, the Coalition plans to slowly expand the area in which curbside recycling is to be conducted. (17) Commissioner Frost stated he rode in the CNFR parade on Wednesday, along with Commissioners Swanson and Knapp. (18) Mayor Hawks stated he was involved in many CNFR activities last week, as well as with Flag Day activities at Hillcrest Retirement Home on Thursday. (19 ) Mayor Hawks distributed copies of a letter from Bozeman Deaconess Hospital to the Gallatin Valley Land Trust, dated June 13, concerning the proposed land transaction between the City and the Burke family. He noted that the City shares many of the con- cerns expressed by the Hospital; and the Acting City Manager is following up on it. (20) Commissioner Frost stated he is setting up a meeting with the Downtown Bozeman Association to discuss beautification on Main Street. He noted he may have some- thing specific to submit to the Commission for consideration within the next few weeks. Consent I terns Acting City Manager Brey presented to the Commission the following Consent Items. t 06-18-90 , ; " . , - 9 - It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Recess - 4:20 p.m. Mayor Hawks declared a recess at 4:20 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - Commission Resolution No. 2787 - proposed six and one-half percent (6.5%) increase in water rates This was the time and place set for the public hearing on Commission Resolution No. 2787, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2787 A RESOLUTION OF THE CITY COMMI.SSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SIX AND ONE-HALF PERCENT (6.5%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Mayor Hawks opened the public hearing. Administrative Services Director Miral Gamradt presented the staff report. He stated that included in the proposed 6. 5-percent Increase are a 3. 5-percent increase for in- flation and a 3. O-percent increase to generate adequate revenues to fund additional costs incurred from the second portipn of the Lyman Creek improvements as well as on-going equip- ment purchases. The Director reminded the Commission that the City borrowed $386,000 from the Department of Natural Resources for the second portion of the Lyman Creek water system improvements; and repayment of those monies must begin this year. He noted that capital purchases include a meter van, an economy pickup and a'standard pickup. The Administrative Services Director noted that in 1981, the City increased the wa- ter rates by 50 percent, after they had not been raised at all for 23 years. He noted that at that time, residents resoundingly stated they would prefer several smaller increases over that length of time, rather than being hit with such a large increase all at once; and the staff is cognizant to that feeling. 06-18-90 -~-- - .- - .. . " . j - 10 - In response to a question from Commissioner Frost, the Director stated that, based on the wintertime consumption fora typical residence, the proposed rate increases would result in a 98-cent increase In water and a 63-cent increase in sewer each month. Mr. Walter Martel, 1603 South Willson Avenue, President of the Bozeman Property Owners' Association, submitted to the Commission a letter stating the official position of the BPOA, which he then read into the record. He noted that the BPOA is not taking a formal position in support of or in opposition to the proposed water and sewer rate increases. He stated, however, that they do encourage efficiency in operations, short- and long-term planning and accountability for all enterprise funds. Mr. Ivan Richardson, 414 North Tracy Avenue, asked if the water from Lyman Creek is processed through the City's water filtration plant. Administrative Services Director Gamradt responded it is not. He noted that the wa- ter from Lyman Creek is good water; and it was covered to keep giardia from entering. He also noted that a new chlorination unit has been installed to ensure that no contaminates are in the water as it enters the City's water distribution system. Ms. Mary Vant Hull, 416 East Story Street, commended the Commission for continuing the program of small incremental increases which was initiated by the former Commission. She noted that a long-range plan was recently begun; and that is very helpful in determin- ing the amount of increase that is necessary. She then asked if any portion of this in- crease is to provide funding for an increase in the water treatment plant capacity or con- struction of settl ing basins. The Administrative Services Director stated that the water treatment plant expansion will be undertaken this winter; and monies from recent refinancing of the water revenue bonds will be utilized to fund the project. He then stated that last year, the City acquired the land for a presedimentation basin; and minimal costs will be incurred over the. next few years unti I the project is ready for construction. Mr. William L. Davis, 307 South Bozeman Avenue, stated he feels the proposed in- creases in water and sewer rates are justifiable; however, he requested that no action be taken on the proposed increases until after the total impacts of HB703 have been de- termined. He noted that under HB703, reappraisals have increased property values from 13 to 40 percent throughout Gallatin County; and that could have a dramatic impact on the taxpayers of the area. He then expressed concern that all of the increases in fees and taxes will create a hardship for senior citizens on fixed incomes. Administrative Services Director Gamradt reminded the Commission that the water and sewer activities are enterprise funds, which are totally independent. He noted that an en- terprise fund does not rely on property taxes for any portion of Its revenues, but rather relies on the rates paid by its customers. He then suggested that HB703 could have mini- 06-18-90 - ~ , ~ . } - 11 - mal impact on property taxes, particularly if it is legally challenged. Mr. Davis acknowledged that property taxes are not utilized to support the water or sewer funds; however, he reiterated that the combination of all of the proposed increases could have a dramatic impact on City residents, especially those on fixed incomes. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct staff to prepare the appropriate resolution for consideration at next week's meeting. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commis- sioner Swanson and Mayor Hawks; those voting No, none. hearin - Commission Resolution No. 2788 - ro osed ten and one-half ercent Increase in sewer rates This was the time and place set for the public hearing on Commission Resolution No. 2788, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2788 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED TEN AND ONE-HALF PERCENT (10.5%) INCREASE IN THE SEWER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL SEWER SYSTEM. Mayor Hawks opened the public hearing. Administrative Services Director Miral Gamradt presented the staff report. He stated that many of the comments from the above public hearing are applicable to this one as well. He noted that while this proposed increase is 10.5 percent, the dollar amount generated will be less than that generated for the smaller percentage water increase. stating that the typ- ical residential sewer bill will increase 63 cents per month. He stated that the sewer rates are based on water consumption during the winter months; and during the summer months they are based on an average of the winter months' water usage; so these figures vary only slightly. The Administrative Services Director stated that, as with the water rate increase, 3.5 percent is for inflation. He noted that the remaining 7 percent will be utilized in ac- cordance with the long-range plan which has been developed, including purchase of a truck and television camera for checking sewer lines, a backhoe/loader which is capable of raising manhole covers, and a vapor root foaming unit. He stated that the 7-percent increase will not generate adequate monies to pay cash for these three equipment purchases; however, it will generate monies annually to repay a five-year loan. In response to a question from Commissioner Frost, the Director stated that HB703 provides for an increase in taxable valuation in Gallatin County; however, that does not necessarily mean that there will be a tax increase. 06-18-90 .- , .. . \ - 12 - Commissioner Frost noted he feels it Is important that the revised water and sewer rates be implemented as of July 1 because of the budgetary impacts. He also noted It is important that the water and sewer rates be addressed on an annual basis to ensure that those funds have adequate revenues upon which to operate. The Administrative Services Director suggested that the City will reach a time when only inflationary increases will be necessary to keep the water and sewer funds In a healthy financial position. I nresponse to questions from Commissioner Swanson, the Di rector noted that the City has utilized the City of Helena's televtsion camera and truck and personnel in the past. He noted I however, that it is becoming increasingly difficult to get that truck be- cause of its usage. He further noted that if the City of Bozeman had a unit of its own, it would be utilized on at least a weekly basis; and that would help to determine problems more readily. He stated that some of the City employees have had exposure to the unit; however, he noted that some additional training may be necessary. Ms. June Crawford, 514 North 11th Avenue, expressed concern about the proposed rate increase. She stated that she has lived in her residence since December 1988; and during her tenure there, her sewer bill has fluctuated 100 percent, ranging from $4 to $8 per month. She noted that she lives alone and uses little water, except during the summer when watering the lawn. She also questioned the procedure of basing the sewer rates on water consumption. Administrative Services Director Gamradt indicated that he will research her past bi lis in an attempt to determine why the sewer bill has been fluctuating so much. He then stated that basing the sewer charges on the water consumption seems to be the most appro- priate way to determine a fair charge, particularly since water consumption is metered in most structures. He noted that it might be possible to install meters to determine a fairer sewer charge; however, he noted the costs of installing those meters could be prohibitive. Ms. Crawford then stated support for Mr. Davis' suggestion In the above agenda item that action on these increases be deferred until after the effects of HB703 have been determined. Ms. Mary Vant Hull, 416 East Story Street, stated support for the proposed sewer rate increases I especially in light of recent problems at her home. She noted that hers was one of several houses in the block which had sewer back up into the basement. She stated that she called a plumber when notified by her renter; and that plumber indicated that an 8-inch sewer main had collapsed, causing the problem. She stated that she spent several hours cleaning up the mess in the basement apartment; and that was an experience she does not wish to relive. Ms. Vant Hull noted that situations such as hers cause the City to incur insurance 06-18-90 . . - . # . 1 - 13 - costs; and she feels all possible steps should be taken to ensure that they occur as infre- quently as possible. She noted that this will require the City to repair, and probably even replace, a number of the sewer mains in the community. I n response to a question from Commissioner Swanson, the Di rector stated that in the current budget, the Commission appropriated $50,000 for sewer line replacement; how- ever, that is not adequate funding to undertake such a project. He noted that $50,000 wi /I be included in next year's budget as well; and with the $100,000 total, the City can begin to address its worst sewer line problems. The Director then stated that two years ago, the City hired two additional employees in the sewer operations and two additional employees in the water operations to begin ad- dressing the infrastructure problems. Commissioner Frost noted that to budget $50,000 on an annual basis is not much, but it does show the City is committed to addressing the issue. Mayor Hawks stated that the Commission has been told that the City is operating with 80-year-old sewer pipes that have a 40-year life expectancy, noting that capsulizes the problem. He then noted it is important for the City to pursue an on-going, effective main- tenance program. Mr. William L. Davis, 307 South Bozeman Avenue, stated he recognizes that the City's sewer system must be addressed. He then expressed concern about conflicting re- ports he has heard over the years about whether the sewer lines on the south side of town can handle any more development. Mayor Hawks closed the pUblic hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission authorize and direct staff to prepare the appropriate resolution for consideration at next week's meeting. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commis- sioner Knapp and Mayor Hawks; those voting No, none. Commissioner Frost requested a staff report on the adequacy of the sewer lines on the south side of town. The Acting City Manager responded that Director of Public Service Forbes has stated his intention to make a presentation on this issue to the Commission in mid-July. Public hearin - Commission Resolution No. 2790 - establishin a revised landfill fee sched- ue - This was the time and place set for the public hearing on Commission Resolution No. 2790, as approved by the City Attorney, entitled: 06-18-90 . . .,. . . , ) - 14 - COMMISSION RESOLUTION NO. 2790 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR US- ERS OF THE CITY OF BOZEMAN LANDFILL. Mayor Hawks opened the public hearing. Administrative Services Director Gamradt presented the staff report. He noted that memos proposing revisions to the fee schedule from Director of Public Service Forbes and Streets/Sanitation Superintendent Sicz were included in the Commissioners' packets. He then reviewed those proposed revisions, which include: changing the base figure so that all load sizes are charged 1 cent per pound; addition of a qualifying statement to specify that asbestos will be received from within city limits only; revising the "building products" fee to 2 cents per pound rather than the originalS cents; and putting a qualifying state- ment under "wire" to require that the higher rate be charged for pieces which are greater than three feet in length. The Director stated that the proposed fees reflect a substantial increase In the amount charged per load at the landfill; and that is a direct result of anticipated EPA Sub- Title D regulations. He noted those regulations should be finalized within the next sixty days; and they will impose intense restrictions on landfill operations, including the require- ment to line all new landfill sites to stop seepage and requirements for post-closure monitor- ing for at least thirty years. He noted that if any problems arise during that thirty-year period, the remedial costs could be extremely high; and the thirty-year monitoring process would be started over. The Administrative Services Director reminded the Commission that at the present time, landfill gate fees are based on the size of vehicle; and under this schedule, they are based on weight. He also noted that the specialty items have been separated out, with higher fees attached to more accur~tely reflect the costs of handling. He stated that the general rates reflect a 100 percent increase, from one-half cent per pound to one cent per pound; or from $10.00 per ton to $20.00 per ton. He noted that in many other locations, the charges are $40.00 per ton or higher. Mayor Hawks noted that the City is trying to discourage the dumping of materials in the landfill that could be disposed of in a different manner. He then questioned the 5-cent fee attached to "car and truck parts." particularly in light of how heavy they can be. He also questioned the need for the 1 O-cent fee for "trees and branches greater than three feet long and all stumps," suggesting those could be composted; and the fee for "large dead animals". Mr. Roger Sicz. Streets/Sanitation Superintendent, stated that many car parts can be recycled instead of disposing them in the landfill. He then stated that hard wastes and grass clippings can be composted; however, the City does not have a chipper for large 06-18-90 ~-----_._----- ----:_...._-~- - ---- - I ,4- 0+ "' . - 15 - branches and trees. He noted that it takes a substantial amount of dirt to compact around large branches; and this is an attempt to get smaller pieces into the landfill which are easi- er to compact and cover. He then noted that wire in greater than three-foot lengths can cause problems, particularly when it wraps around the axles on the landfill equipment. The Superintendent then stated that a substantial amount of special handling is required for large dead animals. He noted that they cannot be dumped at the regular dumping site; rather a large, deep trench must be dug in another part of the landfill, the animal dumped into it, then the trench covered. In response to a question from Commissioner Swanson, the Superintendent noted that he has asked the Commission for a commitment on composting of yard wastes. He noted that additional equipment is needed for chipping of large branches and trees, as well as ad- ditional manpower before the compostlng program can be undertaken on a large scale. Responding to questions from Commissioner Goehrung, the Superintendent stated that a demolition permit is required for demolition activities; and that permit is based on volume. He noted that a contractor must purchase that permit at the Building I nspection Department prior to undertaking the project; and because of that permitting process. he feels it appro- priate that the fee for such materials be at 1 cent per pound. He noted that under "build- ing products," contractors often bring in large pieces of wood and plywood; and those items require special handling. He stated that alternatives could also be utilized, rather than dumping good materials in the landfill. The Superintendent also noted that a substantial amount of the wire disposed is used woven wire, which probably could not be reused or recycled. He indicated that there may be a market for white goods taken to the landfill. He noted that a company may begin to travel to some of the landfills around the State, picking up white goods that have been set aside. He stated that the City may not receive any revenues from the company; however, they would not be buried In the landfill. He then stated that the fee for "whole tires" is comparable to that charged in other landfills around the State. He noted that they require a substantial amount of handling because of their flexibility, rising as much as 25 feet after being buried to resurface. Streets/Sanitation Superintendent Sicz then reminded the Commission that the landfill gate fees have not been changed since 1984. Responding to Commissioner Swanson, the Superintendent stated that the EPA landfill lining requirements do not necessarily require a synthetic liner material; rather a two-foot compacted clay bottom is often acceptable. In response to a question from Commissioner Swanson, the Administrative Services Director stated he has not yet determined how closure fees will be accommodated. He sug- gested that an estimated annual cost could be determined; and an amount equal to thirty 06-18-90 ~ #..It ~, .., . - 16 - years could be set aside in a reserve, with those monies and interest earnings being utilized to cover the costs of the monitoring. He cautioned, however, that if a problem were incurred, no monies would be available in that fund to cover the costs of repair. He suggested another alternative might be to build those post-closure costs into the annual op- erating budget. In response to a question from Commissioner Knapp, the Administrative Services Di- rector stated that he does not anticipate that the City will be able to get liability insurance for long-term problems that might be incurred in the landfill, in light of the fact that the City has been unable to obtain coverage on the landfill for the past five years. Commissioner Goehrung noted that the recent contract with Morrison-Maierle for landfill monitoring will "help to address some of the City's potential liability problems. He noted that the City can take their recommendations for closure procedures and attendant costs and set aside that amount to ensure adequate protection. Mr. Jim Cover, CVR Oak Designs, expressed concern about the proposed rate in- creases. He stated that he hauls loads of sawdust and small scraps to the landfill on a regular basis, noting those loads weigh 5,000 to 5,500 pounds. He noted that under the present rate structure, he pays an average of $15 per week, or $500 to $700 per year; and under the new rates, he will pay $110, or $5,000 to $6,000 per year. He noted that this increase in landfill fees could have a severe impact on small businesses in the community, particularly if it is implemented immediately and as one large increase. He noted that there may be alternatives to dumping at the landfill, such as burning; however, he stated that could create air quality problems. Superintendent Sicz noted that sawdust would be good in the compost pile; however, he noted that the small scraps of wood must be separated out. Mr. Walter Martel, 1603 South Willson Avenue, raised several questions. He sug- gested that the increased rates, in anticipation of EPA regulations, could result in a sub- stantial surplus over the next twenty to thirty years, if the costs are not as projected. He then asked if the City will continue its spring and fall alley clean-ups and suggested the possibility of establishing a burn section in the landfill, away from any old or existing landfilling operations I where wood products and trees could be burned before being buried. Administrative Services Director Gamradt stated that the on-going costs of operating the landfill will Increase each year; and the City will not garner any substantial surplus as a result of these proposed rate increases. He noted that to set aside monies to cover moni- toring costs over the next thirty years is appropriate; however, he noted that to set aside monies for a potential problem in the future is not being fiscally responsible. Streets/Sanitation Superintendent Roger Sicz stated that the spring and fall clean- ups will continue as they have in the past, at least for the next few years. He then stated 06-18-90 ~ -- ~ !' .j. .. l(." ..- . - 17 - opposition to the proposal to implement a burn section, noting that recent legislative actions may make such a practice illegal. He noted that burning was done until a few years ago, when the practice was abandoned. He also stated that the smoke from a burn section in the landfill could cause problems. Administrative Services Director Gamradt briefly highlighted the percentages included in the various categories set forth in the schedule, as follows: general household - 60%; asbestos - .42%; building products -22%; car and truck parts - 1%; demolition - 3%; trees and branches - 2%; white goods - 1%; wire - 1%; dead animals - .63%; whole tires - 2%; shredded tires - 1.4%; and plastics - 2%. He then noted that the "general household" and "building products" categories comprise 82 percent of all of the garbage which enters the landfill. He stated that he feels Mr. Cover's comments should be taken to heart, in light of the large percentage involved. Mayor Hawks stated he has received a letter from Mr. Gilbert Vicain, Whitehall, Montana, stating opposition to the proposed increases for water, sewer and landfill charges, which he entered into the record. Mayor Hawks closed the public hearing. Commissioner Swanson suggested that since "building products" includes 22 percent of the items entering the landfill and since the increase is substantial and will dramatically impact local businesses, it may be best to phase that portion of the fees in over an 18-month period, possibly beginning at 1 cent and increasing to the proposed 2 cents. He noted that during this time period, businesses could also find alternatives to dumping their products in the landfill. Commissioner Goehrung stated sympathy' for the comments received on the proposed fee for "building products." He noted, however, that the City is reacting to impending EPA regulations, which will cause some major changes in the way solid waste is being han- dled. He then noted that the charge has dropped from the original 5 cents to 2 cents per pound, per staff recommendation. He stated that, while he is sympathetic, he feels that implementing the 2-cent fee will create the incentive for businesses to find alternatives. In response to a question from Commissioner Frost, Commissioner Goehrung stated that the new EPA regulations will dictate the need for the increased rates. He noted that opening of a new landfill area is now estimated at slightly over $100,000; and under the new regulations, that is projected to increase to $1.2 million. Commissioner Swanson stated recognition of Commissioner Goehrung's comments; how- ever, he stated support for his original suggestion that the fee be phased in. He noted that it may be appropriate to shorten the time frame to six or twelve months. Commissioner Goehrung requested that a supplemental report from staff be included In next week's packet. He then expressed concern that some contractors may be operating 06-18-90 . ';',,6- 'l'f '"',. . - 18 - under bids which they have been awarded in the past, based on old landfill fees; and im- mediate implementation of those new fees could cause them a financial hardship. He sug- gested the possibility of implementing all but the "building products" fee as of July 1, de- ferring implementation of that one fee for six months. It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the Commission authorize and direct staff to prepare the appropriate revisions to Schedule "A" for consideration at next week'$ meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Goehrung, Commissioner Swanson and Mayor Hawks; those voting No, none. Public hearin Board decision on ma'or site plan - This was the time and place set for the public hearing on the appeal of conditions under the City-County Planning Board's decision on a major site plan on Lots 1 and 2, Block 4, Westlake's Fourth Subdivision, as submitted by K-Mart. The subject property is more commonly known as 1126 North 7th Avenue. Acting City Manager Srey submitted to the Commission a memo from Planner Sheely forwarding the applicant's request that this public hearing be opened and continued to July 2, 1990. He then recommended that the Commission act In accordance with this request. Mayor Hawks opened and continued the public hearing to July 2, 1990, per the ap- plicant's request. Continued (a) This was the time and place set for the continued public hearing on the Condi- tional Use Permit requested by Harold Sappington for College Chevron to allow construction of the 666-square-foot addition to an existing auto service/ gas station located on Lots 11 and 12 and the east 90 feet of lots 13 and 14 of Block 50, and six-foot ST E S of vacated alley in Block 50, West Park Addition. The subject property is more commonly known as 723 South 8th A venue. (b) This was the time and place set for the continued public hearing on the variance to Section 18.50.100 of the Bozeman Municipal Code requested by Harold Sappington for College Chevron to allow construction of the 666-square-foot addition to an existing auto service/gas station located on Lots 11 and 12 and the east 90 feet of Lots 13 and 14 of Block 50, and six-foot ST E S of vacated alley in Block 50, West Park Addition. The sub- ject property is more commonly known as 723 South 8th Avenue. 06-18-90 . ..' ~ '" .'". ", . - 19 - The Acting City Manager recommended that the Commission open and conduct both public hearings simultaneously due to the overlapping of comments which would occur if they were conducted separately. Mayor Hawks opened the continued public hearings. (a) Planning Director Andy Epple presented the staff report for the Conditional Use Permit application. He stated that the application is to allow construction of a 666- square-foot addition to the existing structure located at the corner of South 8th Avenue and West College Street. He noted the subject property is located in a B-1, Neighborhood Business, District; and under the interim zoning ordinance a service station is a conditional use in this district. He stated that the applicant proposes to utilize the addition as a ser- vice bay for front end alignment and other accessory activities to the service station. The Planning Director stated that the subject site was originally developed as a gas station in 1964. He then highlighted the surrounding land uses, which include residential development in a B-1 zone to the north, B-1 zoning to the west and the east, and PLI to the south. The Planning Director stated that the Development Review Committee and the City- County Planning Board have reviewed the application and the staff report. He then high- lighted the staff concerns listed in the staff report, in light of the seven criteria for re- view of conditional use permit applications. He noted that the non-compliance with land- scaping requirements will not be addressed at this time, since it is the subject of the atten- dant hearing. He stated that other concerns include inadequate parking on the site, which will be more negatively impacted by the proposed addition. He noted the subject site is located adjacent to one of the busiest unsignalized intersections In Bozeman; and the de- mand for on"street parking in that area is extremely high. He also noted that the existing signage and the proposed signage on the site do not meet the zoning requirements. He noted that one of the staff recommendations is that the signage be brought into compliance with the current regulations. He stated that access and snow storage are of major concern as well. He noted there are presently two curb cuts from South 8th Avenue and two curb cuts from West College Street; and no on-site snow storage area has been provided. He stated that staff would recommend that one curb cut be allowed from each street, and that they be located as far as possible from the intersection. The Planning Director then recom- mended that screening be provided for the residential structure to the north. The Planning Director stated that during the City-County Planning Board's public hearing on this item held on May 15, the applicant submitted a new revised site plan, which is the one before the Commission at the present time. He stated that the Board determined it would not consider the new application at that time, but referred it back to staff to prepare a supplemental report for consideration at the June 5 meeting. He stated that this 06-18-90 . ,. t." ... "'. . - 20 - application is closer to compliance with the zone code; however, he noted several defi- ciencies. The Planning Director then reviewed the supplemental staff memo dated May 29, not- ing that the applicant has proposed narrowing of the curb cuts, but not elimination of any. He also noted that snow storage has not been addressed, either. He stated that the revised signage is closer, but not yet in compliance. Planning Director Epple then stated that staff recommended denial of this application; the Development Review Committee recommended denial; and the City-County Planning Board has made no recommendation because of a tie vote. He then reviewed the recommended con- ditions for approval, should the City Commission decide to approve the application. He noted that the first four conditions are new standard boilerplate items; the next seven are substantive conditions; and the final four are the old standard boilerplate. (b) Planning Director Epple presented the staff report for the requested variance to the landscaping requirements. He stated that this request for variance addresses that por- tion of the comments on the conditional use permit which were not verbally submitted under the above staff report. He indicated that the applicant had requested this variance because he does not have adequate space on the subject site to construct the proposed addition and provide all of the landscaping required in the code. The Planning Director then reviewed the staff findings for the seven criteria under which all variances are to be considered. He stated that, because the proposed addition increases the size of the building by 48 percent, the applicant must meet all landscaping requirements under the new zoning ordinance. He then noted that the proposed landscap- ing does not provide the mandatory landscape buffer strips along the public streets; and a fence is proposed along a portion of the north side, rather than the required vegetative buffering from the residence. He stated the applicant has proposed additional landscaping at the intersection, where the freestanding sign is to be located, as well as other landscap- ing on the site; however, it does not meet the code requirements. Planning Director Epple expressed concern that with the proposed addition, adequate off-street parking and snow storage may not be possible on the site. He noted staff does not feel it would not be in the public interest to approve this application because of Its in- adequate size and the inability to provide the required landscaping. He also noted that the staff cannot identify a specifiC hardship that is not economic in nature. The Planning Director stated that the Planning Staff has, therefore, recommended denial of this application. He noted that if the Commission does vote to approve the appli- cation, staff has proposed five conditions to be attached to that approva I. Mr. Harold Sappington I applicant, highlighted the additional on-site landscaping proposed under this appl ication. He stated a willingness to decrease the size of the curb 06-18-90 .-'~ ~- . ,I" _. " -. . - 21 - cuts slightly; however, he stated that none of the curb cuts can be closed, as proposed by staff, and still provide adequate traffic circulation on the site. He noted that with pump islands located along both West College Street and South 8th Avenue, vehicular traffic could not move around the site if a car were parked at one of the islands. Mr. Sappington stated that three parking spaces are shown on the diagram at the rear of the structure. He noted that in reality, since employees park the vehicles there, eight can be located in that area. Mr. Sappington then stated that the residence to the north is rental property, with a substantial amount of vegetation along Its south side. He indicated he would be willing to construct a six-foot screening fence along the rear portion of the site where there is no vegetation; however, he expressed concern that to construct a fence along the entire length would shade and damage the existing vegetation. He then noted that he has proposed to designate a place at the front of the site along the north side as the snow storage area; and construction of a fence in that area would be a hindrance. Mr. Sappington then addressed the signage issue. He noted that the free-standing sign at the intersection is necessary to identify his business. He stated, however, that the reader board sign is to be removed; and the sign on the end of the full-service island is to be removed because it no longer meets Chevron1s standards. He noted that with the re- visions being required by the company, to meet the City's sign regulations should be no problem, except for the height restrictions. Mr. Harold Sappington then requested Commission approval of the conditional use permit and the variance from the landscaping requirements. He stated that the proposed new bay should provide more efficiency in his business; and the on-site parking problems should be decreased because the turn-over of vehicles should be much more rapid. He also noted that this addition will create another full-time position for a good automotive mechanic in Bozeman. Mayor Hawks expressed concern that construction of another bay might only com- pound the parking problems because of the additional vehicles that could be serviced in a day. Mr. Sappington stated that many of his clients are University faculty and staff mem- bers, who now leave their cars for all day. He noted that with another technician, those vehicles could probably be serviced in a half day; and most people would pick up their cars at noon if they were done. Responding to another question from the Mayor, Mr. Sappington stated that moving one of the islands would be a major project, as well as being cost prohibitive. Mr. Sappington then presented to the Commission a revised site plan, which reflects a 480-square-foot addition, more landscaping, and four narrowed curb cuts. He noted that 06-18-90 _...'- --""'. . ..' 'It-a . - 22 - this site plan is closer to compliance with the zone code; however, the requested conditional use permit and variance are still needed for this project. Commissioner Frost noted the proposed site plan does not look bad; however, he noted that cars are often parked in the curb cuts and on the sidewalk areas. He then asked how having cars parked illegally can be deterred, particularly with expansion of the building and activIties. Mr. Sappington responded that having landscaped areas with concrete retainer walls will be a deterrent. He also noted that, due to high demand for parking in that area, peo- ple will often park anywhere possible. He then stated that he is attempting to work with the City and bring this project as close to compliance as possible, given the subject site and its location. Mr. Sappington stated he is the first application to begin processing under the new zoning ordinance; and the process has been one of confusion. He noted that staff has had a difficult time administering the code; and he has had to make several revisions to ac- commodate their needs. Commissioner Frost noted that the proposed tree in the northwest corner has been removed. Mr. Sappington responded there Is a large tree just across the property line; and he does not want to plant another tree so close. Responding to a question from Commissioner Goehrung, Mr. Sappington stated the underground storage tanks are located in the northeast corner of the lot, near the full- service island. He stated that under this proposal, the delivery truck could pull straight in from South 8th Avenue, nosing in toward the addition, to unload. Commissioner Swanson noted the issue of snow storage has arisen several times. He then asked if it would be economically feasible to have the snow removed from the site, rather than creating a storage area; and whether that type of service is available. Mr. Sappington stated the service might be available; and he is willing to research its availability and cost. In response to a question from Acting City Manager Brey, Mr. Sappington stated that installation of signage in compliance with the zone code on the subject property is dif- ficult. He noted that a freestanding sign at the intersection of West College Street and South 8th Avenue is best for the business; however, it does not meet the code. He noted that the existing 15-foot sign is good; and he feels that with landscaping around the base and possibly tall trimmed trees close to it, it can be attractive and appropriate. He also indicated that such a sign would not create the problems in the site triangle that would be incurred with a low-mounted sign. He then noted that, being located in a neighborhood business distr"lct, he does not require as much signage as a business along North 7th Ave- 06-18-90 " ...' v '. . - 23 - ~ nue; however, the sign at the Intersection is necessary. Commissioner Goehrung asked Mr. Sappington for his position on Condition Nos. 5 through 11, for the conditional use permit as recommended by the Planning staff. Mr. Sappington addressed each condition, noting he will meet No.5; he has complied with No.6 as much as possible; he will comply with No.7; he will meet the area require- ments for signage but wishes to retain the existing freestanding sign, which is too tall; he cannot accept No.9; he will meet No. 10 or engage a snow removal service; and he will meet No. 11. He then indicated that banners are sometimes hung across the building for promotional activities; however, they do not remain on an on-going basis. Mayor Hawks asked if gas sales are a significant portion of the business; Mr. Sappington responded they are. He then noted the trend is back to full-service gas stations, rather than convenience stores, so he anticipates that portion of his business will increase. Responding to questions from Commissioner Frost, the Planning Director suggested the Commission could conceptually endorse the revised plan; and the applicant could then work with staff to expand the plan to meet the City's submittal requirements prior to final Commission action. He then indicated that the site triangle for the intersection of arterials is 50 feet from the corner of the curb to the west and south; the height limitation on signs Is 8 feet, and the size limit is 48 square feet. Mayor Hawks asked if conceptual approval could include exclusion of the signage, letting that fall under the sign code provisions; the Planning Director responded that would be appropriate. Acting City Manager Srey stated that action by the Commission at this time would not preclude the sign's being reviewed under the amortization schedule in the new sign code or prohibit the applicant from going through the design objective review process. In response to a question from Commissioner Swanson, Mr. Sappington stated that he tries to keep cars off the sidewalks and out of the curb cuts; therefore, any conditions concerning that problem will not impact him. He noted that others, including some of his customers, do park their cars in those areas; and they have been occasionally ticketed in the past. He also noted that the additional landscaping along the sidewalk areas should help to limit the number of improperly parked vehicles. Commissioner Frost noted that, although the proposed plan does not meet the zoning requirements, it is a step in the right direction. He noted that the new landscaping is good and is complementary to the existing landsc~O~e~uggested that another tree be planted near the new piantlng area ~on'" to tho Pirk ... "eJ. The Acting City Manager noted that in this latest revision, the curb cuts have been reduced and moved closer to the intersection. He then expressed concern that these revi- 06-18-90 .' .ii/v .. , " - 24 - sions may be counter to the Director of Public Service's concerns; and he feels the Director should have an opportunity to review and respond to this site plan. Commissioner Frost suggested that the proposed fence along the north side could be six feet high at the back, decreasing to possibly two feet at the front. He noted this would delineate the property while not being detrimental to the landscaping on the north. Responding to Commissioner Knapp, the Planning Director stated that staff has rec- ommended that the number of curb cuts be reduced to I imit the number of access points to the street and, therefore, the reduced the potentia I for confrontations and accidents. He noted the subject parcel is small and is located at one of the major unsignalized inter- sections in the community. Mr. Sappington stated he has been at the subject location for 24 years; and to his knowledge there have been no accidents incurred with people entering or leaving his prop- erty. Commissioner Frost noted that if the Commission does not approve this application, the curb cuts will remain as they are; the Planning Director concurred. Responding to Commissioner Swanson, the Acting City Manager stated the latest re- vision of the site plan is closer to the code requirements that the original or second plans. He then concurred with the Planning Director's suggestion that the Commission may wish to conceptually approve the application, and direct the applicant to work with staff to prepare a site plan meeting submittal requirements prior to final action. He also suggested that the Commission continue the public hearing during this process. In response to a question from the Mayor, the Planning Director suggested that the applicant and the staff may need two weeks to prepare and review a new finalized plan. Responding to Commissioner Frost, the Acting City Manager indicated that since the freestanding sign would probably be at the maximum square footage of signs allowed, the applicant would be unable to use banners on the building. Acting City Manager Brey highlighted the concerns and comments raised, noting that staff will address those with the applicant during the upcoming weeks if the Commission wishes to continue the public hearing. Commissioner Goehrung expressed concerns about the application, noting the City Attorney Is not present at this pUblic hearing. He then noted the City has received three different site plans during the public hearing process on this application, asking if the changes have been substantial enough to require a new public hearing notice. He also noted that the staff recommendations from the Planning Board and the Director of Public Service address pUblic health and safety issues; and he feels those items should be carefully con- sidered. He stated that the snow storage area proposed by the applicant is totally differ- ent from the recommendations of the Director of Public Service. The Commissioner also noted 06-18-90 . .';' llti:". . - 25 - that when the interim zoning ordinance as adopted, the Commission made a conscious deci- sion to bring those non-conforming parcels into compliance whenever possible, particularly in the areas of parking and landscaping. Commissioner Goehrung then noted this is the second proposal submitted recently at which the applicant has expressed concerns about the process, the confusion and the length of time taken. He then stated that he cannot support conceptual approval of this applica- tion because of serious concerns about overriding the conditions recommended by staff and the Planning Board. Commissioner Frost agreed with Commissioner Goehrung's concerns about the pro- cess; however, he stated that he feels the latest proposal submitted is closer to compliance with the new master plan and zone code. It was moved by Commissioner Swanson. seconded by Commissioner Knapp, that the Commission indicate its support for the conceptual application, continue the public hearings to the afternoon session on July 2, and direct staff to prepare a supplemental report for consideration at that meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Frost, and Mayor Hawks; those voting No being Commissioner Goehrung. Mayor Hawks continued the public hearings to 3:30 p.m. on Monday, July 2, 1990. Appointments to Historic Preservation Advisory Commission (continued) It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission reappoint Claudia Lee Foster as the Main Street representative, with a two-year term to expi re on June 30, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Frost. that the Commission appoint Ronald Hess to replace Paul Monaco as a professional representative, with a two-year term to expire on June 30, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission appoint Chris Boyd to replace Keith Swenson as a neighborhood representative, wi th a two-yea r term to expi re on June 30, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. It was moved by CommIssioner Swanson, seconded by Commissioner Knapp, that the Commission appoint Patrick Ragains to replace Chris Boyd and Alice Fryslie to replace 06-18-90 ,- .11'.;tc;a . - 26 - Ronaltj Hess as at-large members, with two-year terms to expire on June 30, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Adjournment - 10:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. 06-18-90 . . :. ".: ~':)'''.