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HomeMy WebLinkAbout1990-05-21 .s. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 21, 1990 ************************ The, Commission of the City of Bozeman met in regular session in the Commission Room, MunicipalBuilding, May 21, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung', -Gommissioner Frost, Commissioner Swanson, Commissioner Knapp, Act- ing City Manager Brey, Clt-y 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 - May 14, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes for the regular meeting of May 14, 1990 be approved as submitted. 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. Request to meet with Commission re Three Rivers Disposal - Walter Connell, Attorney Acting City Manager Brey stated that Mr. Walter Connell, Attorney representing Three Rivers Disposal, has requested permission to meet with the Commission per the set- tlement agreement recently signed by both parties. Mr. Walter Connell stated that since the lawsuit has been settled, Three Rivers Dis- posal would like to cooperate with the City on solid waste disposal and recycling efforts. He noted that Waste Management, the parent company of Three Rivers Disposal, has a lot of technical expertise in these areas, noting the City could take advantage of that exper- tise through a cooperative effort. Mr. Connell stated support for recycJ ing, noting it reduces the amount of solid waste being taken to the landfill. He indicated that Mr. Doug Stewart, President of Montana Recyclers in Missoula, is present to discuss recycling with the Commission. He noted the company is among the innovators in recycling, having been in business for nine- teen years and receiving national recognition for its endeavors. Mr. Connell stated that construction of combination transfer stations and recycl ing centers is a trend that could be extremely beneficial, both now and in the future. He noted that this has become a logical combination, particularly in light of the need to re- '. duce the volume taken to the landfill as well as the new federal regulations being devel- 05-21-90 -~---- i i - 2 - oped for landfills. Mr. Connell noted that the City has long- and short-term goals concerning sol id waste disposal and recycl ing; and he feels that Three Rivers Disposal can help the City to meet those goals. He then requested authorization to meet with the City staff, as well as the Commission, concerning their proposal to enter into a cooperative effort. Mr. Bob Fagliano, Manager of Three Rivers Disposal, stated his firm has made pro- posals similar to this one to two other communities in the State where they do not currently operate. Mr. Doug Stewart, President of Montana Recyclers, gave a brief history of Montana Recyclers, noting it began in 1971 in Missoula; and it has since expanded to Great Falls, Helena, Billings, South Dakota and Utah. He stated that the transfer station/ recycl ing center concept avoids duplication of buildings and efforts, and ensures that recyclable products are gleaned from the solid waste before it is transferred to a landfill. He noted that it is important that incentives be established to encourage people to participate in this program. Mr. Stewart stated that the Sub-title 0 regulations, which will soon be implemented, will cause a substantial decrease in the number of landfills throughout the country due to the stringent requirements and the costs involved. He stated, therefore, that source re- duction will become important. He noted that at one time there were 300 landfills in Mon- tana; two years ago, there were 140; and presently there are 112. He stated that with the change to regional landfills, the costs will be spread over a broader base. He noted, however, it is important to take the steps necessary to keep those costs as low as possible through efforts such as recycling. Mr. Stewart indicated that in some parts of the country, laws and regulations are being adopted which require that a certain percentage of the solid waste be recycled I not- ing he does not feel that is the best way to address the issue. He then stated it is im- portant that government establish a market for recycled products to provide the necessary cycle. Mr. Bob Fagllano gave a brief slide presentation, showing facilities operated by Waste Management in other parts of the country. He noted that the concept of transfer station/ recycling center design is a new one but seems to be very logical and works well. He noted the solid waste is brought in through the front of the facility. The waste is then sepa rated into the transfer station and recycl ing operations. The recyclables are then loaded and taken to buy-back facilities while the solid waste is taken to a landfill for disposal. He stated that with tOday's technology, to be cost effective, at least 20 percent of the sol id wastes must be recycled. He noted this lengthens the life of the landfill as well as keeps undesirable products, such as hazardous and toxic wastes ,out of the landfill. 05-21-90 ~': :,~ ,':,'~_. f i - 3 - Mr. Fagliano stated that advantages of using a transfer station include the fact that the operation is done on a concrete floor. Also, the separating and transfer is performed in a totally enclosed structure; therefore, wind and dirt are not the problem they can be in a landfill operation. I n response to a question from Mayor Hawks, Mr. Fagl iano stated the operation he anticipates will be somewhat different from the operation contemplated at the time the Con- ditional Use Permit was approved. He noted it is more streamlined; and the pit area orig- inallycontemplated will now be eliminated and replaced by a conveyor belt. In response to questions from Commissioner Knapp, Mr. Fagliano stated a dry clean-up process is utilized in transfer stations. He noted that the facility is cleaned and prepared at the end of the day. He then indicated that protective gear for employees with- in the facility will include typical items such as coveralls. Mr. Stewart stated that those involved in separating recyclable items and solid waste recognize the hazards of the operation, particularly from hazardous or toxic wastes; and every possible precaution is taken. He then noted that transfer station/recycling cen- ter operations are typically well organized and clean. He stated that in Montana, the de- crease in the number of landfills will dictate the economic need for transfer stations to minimize the number of trips that must be made. He also noted that source separating will decrease the amount of waste taken to the landfill. Responding to a question from Commissioner Swanson, Mr. Stewart stated that it is important for government to support the markets which currently exist for recycled prod- ucts. He noted this can be accomplished by encouraging paper companies to utilize a per- centage of recycled paper through provision of tax credits. Also, those paper mills which utilize 100 percent virgin products can be assessed an additional tax. He suggested that the specifications (or paving projects can also be revised to allow for, and encourage the use of, tires and glass in the paving. He noted that in some instances, it may be nec- essary to create a new market; however, as a general rule the market is already there. Mr. Stewart then stated that curbside recycl ing programs are expensive to admin- ister and operate; and are usually less effective than a transfer station/recycling center. Mr. Fagliano thanked the Commission for this opportunity to address them; Mayor Hawks thanked him for his presentation. The Acting City Manager submitted to the Commission written requests for waiver of the park reservation fees as submitted by (a) Hawthorne School, to conduct a track and 05-21-90 . \ - 4 - field day at Beall Park on Monday, June 4; (b) Irving School, to conduct a track and field day at Souths ide Park on Wednesday, June 6; and (c) Gallatin Valley Farmers' Market for various Saturdays during the summer at Bogert Park. He also submitted a memo from the Recreation Advisory Board, which considered these requests at their meeting held on Tuesday evening. Mr. John McNei I, Superintendent of Parks and Cemetery, reviewed the memo sub- mitted by the Recreation Advisory Board. He noted that the Board, after reviewing these requests, determined that the current code does not grant any power to waive the park reservation fees that were recently established. He indicated that user groups that have had agreements in the past, I.e., Gallatin Valley Softball Association, Little League and Farmers' Market, have been excluded from the fee structure because of those agreements. He stated that the Board further noted that no definition has been established for "non-profit groups," indicating that 132 of the groups that reserved the parks last year, and 49 of the 198 groups reserving the parks so far this year, could have fallen under that category. Superintendent McNeil stated that the Recreation Advisory Board further recom- mended that the fee structures for the park reservation fees and waiver of the open con- tainer ordinance fees be revised, with many of the park reservation fees being reduced and the waiver of the open container ordinance fees being increased. He noted the fee structures appear to be simpler and more easily administered. Superintendent John McNeil stated that the fee for waiver of the open container or- dinance was published in Sunday's newspaper; therefore, he suggested it may be best to set the effective date for the new structure after this summer's season. He also stated that several park reservations have been made for August and September, noting that a change in the park reservation fee structure could result in a need to refund monies to those groups. He suggested that, from an administrative point of view, itl would be best to adopt the new fee structure, making it effective after this year's season. Superintendent McNeil then stated another issue discussed by the Recreation Advi- sory Board was selling in the parks. He noted the need to define "community-oriented event, II which will allow for more consistency in administering this section of the code. He noted that at the present time, Sweet Pea and Farmers' Market are the only events at which sale of items is allowed. I n response to questions from Commissioner Knapp, Superintendent McNei I stated that the existing fees have not been close to covering the actual costs involved in clean-up, although they have almost covered the costs of issuing the permits and making sure the park is made ready for the group. He then indicated opposition to a deposit for 05-21-90 , - 5 - clean-up, noting he does not have adequate staff to monitor the parks between groups on weekends. Commissioner Goehrung noted that those gr.oups with agreements typically make do- nations to the City which have a value in excess of what the park reservation fee would have been. He then suggested that future agreements could specify what the group in- tends to donate in lieu of paying the fee. I n response to a question from Mayor Hawks, Superintendent McNei I stated that $780 in park reservation fees and $340 in waiver of the open container ordinance fees have been collected so far this year. He noted that 167 groups of under 50 persons have re- served parks at no cost; and 31 groups have paid reservation fees to date. Mayor Hawks noted that two of the requests for waiver of the fees have been sub- mitted by schools. He stated that if those schools had registered on a class basis, all of the groups would have been under 50; therefore, no reservation fee would have been charged. Superintendent McNeil concurred. He also noted that some groups do not reserve a park area, but take their chances that the area will be available. He stated the reserva- tion system was implemented because of problems that had arisen when two groups wanted to use the same area at the same time. He noted that under this system, the group with the park reservation has the advantage; and they can seek assistance through the Police Department if necessary. Commissioner Frost stated that at the Board meeting, it was noted that the School District charges for use of its facilities. He also noted that the fee charged for reserving the park does not cover the actual costs incurred. Commissioner Swanson suggested that the school could charge 10 cents per chi Id; and that could be considered the fee for the reservation. He then suggested that $1 could be added to the cost of each booth at the Farmers. Market; and that could be used to cover the reservation fee for that activity. Ms. Joanne Jennings, Gallatin Valley Farmers' Market, stated the current fee struc- ture begins at 50 cents for a booth, noting that would dramatically increase. that fee struc- ture. Ms. Ann Banks, Farmers' Market, noted that if the park reservation fee were based on the number of buyers, it would be quite high because 500 to 600 people attend. She stated there is no way the sellers could cover those costs. In response to a question from Mayor Hawks, Superintendent McNeil highlighted the questions to which he would like a response, including: if the fees are changed for this year, what about those park reservations that have already been made; is permission to be granted for waiving of fees and what are the guidelines therefor; and what about refunds? 05-21-90 , I - 6 - It was moved by Commissioner Swanson that the Commission adopt the revised fee schedule as proposed, effective immediately, with additional monies to be collected and overages refunded for existing reservations. He later withdrew the motion, which had not been seconded. City Attorney Becker cautioned the Commission that the motion does not address the agenda item, which includes three specific requests for waiving of the fee. Commissioner Goehrung suggested that the Commission react to the following items: reservation fees, waiver of the open container fees, waiver of the reservation fees, a poli- cy on selling in the parks and definition of community-oriented events. In response to a question from Commissioner Knapp, Superintendent McNeil stated that by the end of this summer, he should have fairly accurate figures on the costs asso- ciated with park reservations and waivers of the open container ordinance. Commissioner Goehrung stated he feels the proposed fees are appropriate. He then indicated that any waiver of the park reservation fees should be accomplished through en- tering into an agreement which spells out what that group will do to contribute to the park. Mayor Hawks stated he is basically in support of the fee structures as presented. He suggested, however, that they be revised to provide that groups of 0 to 100 be charged $10, under both the park reservation and waiver of the open container ordinance fee schedules. Commissioner Frost stated support for not allowing sale of goods in the parks. He then stated he does not feel there should be any waivers; he feels the revised reservation fees are good; he I ikes the revised waiver of the open container ordinance fees, however, he does not feel they can be revised this year since they were already published; and he requested that staff prepare a definition for "community-oriented event. If Commissioner Goehrung concurred with the Mayor's suggestion to revise the 0 to 100 persons. He also stated an interest in increasing the fee for groups of 400 to 500 to $75 rather than the proposed $50. He stated support for the revised waiver of the open container ordinance fees; and stated he does not support waiver of the reservation fees except under long-term agreements. He then expressed concern about prohibiting sale of goods in the parks, in light of the sales of arts and crafts under Sweet Pea and the Far- mers' Market. Commissioner Knapp stated she does not feel fees should be waived; the revised fees for waiver of the open container ordinance should be made effective beginning next year, since they have already been advertised; the revised park reservation fees should be made effective next year to avoid administrative problems this year; and staff should be asked to define "community-oriented event. II 05-21-90 < ., - 7 - Commissioner Swanson stated he is not in favor of waiving fees, except under a long-term agreement as proposed by Commissioner Goehrung; he supports the proposed park reservation fees, as revised to include 0 to 49 at $10; he supports implementation of both revised fee schedules immediately; and he requested that staff prepare a definition for "community-oriented event." Mayor Hawks noted support for the comments that have been submitted; however, he noted there is a lack of consensus on when the revised fee schedules should become effective. The Commissioners once again discussed that element, with a majority suggesting the fees should be implemented immediately. They further concurred that the revised fee structure should include 0 to 49 at $10, with $10 incremental increases per 100 people thereafter. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission deny the requests for waiver of the park reservation fees as submitted by (a) Hawthorne School, to conduct a track and field day at Beall Park on Monday, June 4, (b) Irving School, to conduct a track and field day at Southside Park on Wednesday, June 6, and (c) Gallatin Valley Farmers' Market for various Saturdays during the summer at Bogert Park; and authorize and direct the staff to take the necessary steps to address the addi- tional issues discussed. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commis- sioner Goehrung and Mayor Hawks; those voting No, none. rocedure for chan in form of overnments, and advanta es and disad- Acting City Manager Brey submitted to the Commission a memo from City Attorney Becker setting forth the procedure for changing the form of government. He reminded the Commissioners that they requested this item be addressed during discussion of subdivision review authority at last week's meeting. City Attorney Becker stated he did not have time to address the advantages and disadvantages of changing the City's form of government. He then reviewed specific sections of the memo which he had prepared for Commission consideration. The City Attorney stated that adoption of self-government powers under the exist- ing commission-manager form of government will not remove the City from the prohibitions set forth in Section 76-2-312, Montana Code Annotated. He stated that he is in the pro- cess of .requesting the legislative history behind that section, noting it usually takes two weeks to receive the information. He noted review of that history may provide some in- sight into the background of the statute. 05-21-90 , - 8 - Mayor Hawks asked what effect writing of a charter would have on the subdivision review problem. City Attorney Becker stated that changing to a charter form of government would remove the prohibitions of Section 76-2-312, MCA; however, if Gallatin County already has the subdivision review authority, the City of Bozeman may not be able to take it away. Commissioner Goehrung stated that one of the recommendations forwarded by the Study Commission was that the Clerk of the Commission keep a list of those items which could be better addressed if the City had self-government powers. He then asked if such a listing has been maintained; the Clerk responded that a fi Ie has been. Responding to Commissioner Frost, the City Attorney indicated that if he challenges the legality of Section 76-2-312, MCA, it will be on the basis of equal protection. He stated that he would ask the District Court to declare the statute unconstitutional; and that decision would probably be appealed to the Supreme Court. He noted that if the statute is declared unconstitutional through that process, the Attorney General's opinion will then be null and void. Mayor Hawks noted that to change the form of government would require, as a first step, the selection of a study commission to make an in-depth analysis. He then suggested it may be best to ask staff to prepare a listing of the advantages and disadvantages of taking such action, particularly since the basic issue is one of subdivision regulation. City Attorney Becker indicated a willingness to prepare such a document. The Mayor stated he is sensitive to the fact that review of the City's form of gov- ernment was not listed on the Commission's goals for the upcoming fiscal year; and prepar- ing the report wi II take staff time. Commissioner Swanson noted the minority report from the 1986 Study Commission was that self-government powers should be placed on the ballot immediately, while the ma- jority report suggested that a committee be appointed in 1989 to study placing self- government powers on the ballot. The City Attorney cautioned that two different forms of government were involved in those recommendations. He noted the minority report was for a charter form with self-government powers while the majority report as to retain the commission-manager form of government with self-government powers. Responding to Commissioner Frost, the City Attorney stated the main question at this time is whether the City can, no matter what its form of government, take away from Gallatin County something they are claiming. City Attorney Becker stated that if the Commission wishes to have a study commis- sion review this matter, the members must be elected at a primary election; and the next one will be held in 1991. He then stated that in 1994, the electorate must automatically 05-21-90 ~ " - 9 - vote on whether they wish to elect a study commission to review the form of government, per the revised State of Montana Constitution. Commissioner Frost capsulized the City Attorney's comments, noting that under the present form of government, the City of Bozeman has no subdivision review authority; and under a different form, its review authority would be very questionable. The City Attorney concurred, noting that Gallatin County is currently enforcing the Bozeman Area Subdivision Regulations in the jurisdictional area. He noted the County At- torney has taken the position that the County may unilaterally revise those regulations, without consent by the City Commission. He stated that, under the existing circum- stances, if the statute is declared unconstitutional or the form of government is changed, the City will probably still face a legal battle with the County to determine who has subdi- vision review authority in the jurisdictional area. Commissioner Goehrung asked the City Attorney if he is working with the County Attorney to identify the differences of opinion concerning subdivision review authority, in an attempt to resolve those differences and develop an interlocal agreement. Mayor Hawks stated an interest in pursuing both challenging the statute and develop- ing an interlocal agreement at the same time. The City Attorney stated that he can do so. He noted that it will probably be six weeks before he is prepared to file a lawsuit because he wants to review the legislative history before preparing the documents. He stated that in the meantime, he will meet with the County Attorney to determine the differences. Commissioner Swanson questioned whether pursuing both options at the same time could hamper efforts to develop an Interlocal agreement with the County. The City Attorney indicated that the lawsuit will not directly involve Gallatin Coun- ty; however, he noted, they will be aware of what the City is attempting. Commissioner Goehrung suggested that gathering copies of charters from those com- munities with the charter form of government could be beneficial. Appointment to Pedestrian/Traffic Safety Committee (1) The Acting City Manager submitted to the Commission a memo from Clerk of the Commission Sullivan listing the applicants for this position. He reminded the Commission of their desire to reactivate this Committee, noting that the Committee must appoint two at- large members before its membership is totally filled. In response to a question from Commissioner Goehrung, the Acting City Manager indicated that the by-laws of the Transportation Coordinating Committee provide that one of the members shall be a member of the PTSC; however, the procedure for that appoint- ment is not spelled out. He then suggested that the Committee should be responsible for 05-21-90 .. , - 10 - appointing one of its members to serve on the TCC. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission appoint George McClure, Jr., to the Pedestrian/Traffic Safety Committee, with a term to expire on December 31, 1991. 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. for Certified Local Government rant ear 1990-91 Acting City Manager Brey submitted to the Commission a copy of an application for Certified Local Government grant monies for historic preservation activities for Fiscal Year 1990-91. He noted this application does not commit the City to any funding at this time; however, if the application is approved, the City must commit $3,000 toward funding of those activities. He indicated that since the application is for next fiscal year, no com- mitment of funds will be required from this fiscal year's budget. The Acting City Manager noted that the deadline for submittal of this application was today; therefore, he signed the application and forwarded it late Friday. He then re- quested ratification of his signature. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission ratify the Acting City Manager's signature on an application for Certified Local Government grant monies for historic preservation activities for Fiscal Year 1990-91. 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. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your In- formation" items. (1) A copy of the letter sent to members of the Pedestrian/Traffic Safety Com- mittee to inform them of the meeting set by the City Commission for 4:15 p.m. on Tues- day, May 29, as well as listing the information submitted for their review prior to that meeting. (2) Invitation to the Memorial Day ceremonies presented by the Chamber of Com- merce Military Affairs Committee at noon on Wednesday, May 30, at Veteran's Park at MSU. (3) Notice of the Chamber of Commerce Governmental Affairs Committee to be held at 6:45 a.m. on Tuesday, May 22, at the GranTree Inn. (4) The Acting City Manager submitted the weekly report, as follows. (1) He 05-21-90 0' ~ - 11 - and Planning Director Epple have begun the process of finalizing the zone code. They spent eight hours last week on the project, have another eight hours scheduled this week, and three full days scheduled beginning May 30. They will be working with Planning Board sub-committees and seeking input from the Commission during this process. (2) He spent time with City Attorney Becker and Park Superintendent McNeil concerning a possi- ble parkland expansion. (3) He will meet with the various shifts at the Fire Department this week and next week regarding review for zoning violations during their annual fire inspections. (5) Commissioner Swanson attended the GDC meeting on Wednesday. An nou nce- ments at that meeting included the relocation of Fiber Bright, a fiberoptic sign man- ufacturing company presently located in Oregon, to Bozeman. He noted the company will be moving into the old Cardinal Distributing building and will employ six to ten persons. (6) Commissioner Swanson attended the annual meeting of the Greater Yellow- stone Coalition in Jackson Hole this past weekend. He noted that their report contained some interesting statistics, reflecting a substantial increase in membership as well as bud- get. (7) Commissioner Swanson stated he talked to sixty fifth graders at the Willson School this past week; and he was amazed at their knowledge of recycling and the local environment. (8) Commissioner Knapp distributed to the Commissioners copies of clippings from the Sunday edition of the Denver Post concerning recycling. (9) Commissioner Knapp stated that this morning, the Library Board hosted an appreciation luncheon for the Library staff. (10) Commissioner Goehrung noted that graduation for the second group of Lead- ership Bozeman attendees is scheduled for May 25; and he plans to attend. (11) Commissioner Frost attended the tax reform coalition meeting on Thursday morning. (12) Commissioner Frost indicated that he spoke to a group of sixth graders on City government and was impressed with their questions on the sign ordinance. (13 ) Commissioner Frost attended the City-County Planning Board meeting on Tuesday. He noted the presentation from the engineering firm regarding design of the overpass for the third interchange did not include any dollar amount; and several questions from the members revealed that no figure is available at the present time. He then noted another topic of discussion was the letter from the County Commission and map which they adopted as a part of the Master Plan. He noted that the added rural residen- tial nodes are in conflict with the intent of the revised Master Plan as drafted. ( 14) Mayor Hawks attended the tax reform coalition meeting on Thursday morning. 05-21-90 -_.~---"-~ --~-~~. ~.._.~'._._--- .~~. -~-~ - - .~--..r-..__,_ ~ _.._,,__,_ .. . - 12 - (15) Mayor Hawks attended the opening ceremonies of the Summer Special Olympics on Wednesday evening. He noted the event was an eye-opening, heart-warming experience. (16) Mayor Hawks stated he has been in contact with Gordon Clark, local manager for the CNFR. He noted it is important to show City government support, providing a more broad-based community effort to keep the rodeo in Bozeman. He then indicated that at 5:00 p.m. on Sunday, June 10, a barbecue will be held at the Fairgrounds, and en- couraged all Commissioners to attend if possible. He noted that at the Tuesday evening performance, he will be presenting a Key to the City to the President of Copenhagen I Skoal, which has donated over $2 million to scholarships for rodeo participants. (17) Mayor Hawks distributed to the Commission a copy of an article entitled "CMA clean-up," which appeared in the April 1990 edition of Better Roads. (18 ) Mayor Hawks distributed to the Commissioners copies of a letter from Shirley Sedivy regar~ing handicapped access to Bozeman Creek. He then noted that there appears to be a significant shortfall in funding to complete the Hyalite project--approximately $30,000. He suggested that the City will be asked to support the completion of those ac- tivities. (19) Mayor Hawks stated he has received a letter from the Recreation Department regarding a proposal to use the Old Elk's Club, along with a response from the current lessees. He noted this item will probably come before the Commission for consideration. Park Superintendent John McNeil suggested it may be better to walt until the end of the existing lease period, rather than attempting to break the lease with two years left on it. He further noted that if the building is to be used for children's activities, several changes will be required. (20) Mayor Hawks distributed to the Commissioners copies of a letter he had re- ceived from an organization in Belgium, seeking pen pal relationships with local students. He stated he has forwarded a copy of this letter to Bryan Dunn at the School District to see if this could possibly be incorporated into the curriculum. (21) The Mayor noted that the Commissioners received copies of a response from Acting City Manager Brey to Mr. Darby Overturf. (22) Mayor Hawks noted that on the organization chart, the Parks and Play- grounds Division should have an asterisk to denote that an advisory board is involved. (23) Commissioner Swanson referred to the memo which the Commission received last week regarding the oil violations at the UPS facility. He then questioned how many oil holding tanks exist within the city,. suggesting the City should possibly monitor those tanks for maintenance. City Attorney Becker noted that UPS has been very responsive since they became 05-21-90 -~- -- ~--~ -~~-- . , , . - 13 - aware of the overflow problem, taking action to review all of their plants located in Montana to ensure this is not a problem in other cities as well. Commissioner Goehrung noted that some of the newer facilities have been required to install manholes for monitoring purposes. He suggested that a listing of those facilities with oil holding tanks could reveal some that may incur undetected overflow problems; and it may be appropriate to bring such a listing back to the Commission for further consid- eration. Acting City Manager Brey suggested that checking for oil holding tanks could be a part of the fire inspection activities. (24) Commissioner Frost distributed copies of an article on cable television, as published in the December 3, 1989 edition of the Bozeman Daily Chronicle, and an article on restricting billboards. Consent Items The Acting City Manager presented to the Commission the following Consent Items. Re uest for arade - Saturda , 4, Re re ado tion of Master Ratif It was moved by Commissioner Goehrung., seconded by Commissioner Frost, 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 Goehrung, Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. This was the time and the place set for the public hearing on the Conditional 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 Avenue. Acting City Manager Bray stated that the City-County Planning Board has not yet conducted its public hearing or forwarded a recommendation on this application. He, 05-21-90 l"",~:, i. , .. - 14 - therefore, recommended that the Commission open and continue its public hearing until June 18, at which time a recommendation from the Plarlning Board is anticipated. It was moved by Commissioner Frost, seconded by Commissioner Swanson that the pUblic hearing on the requested Conditional Use Permit be opened and continued to June 18, 1990. 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. Mayor Hawks opened and continued the public hearing to June 18, 1990 at 7: 00 p.m. This was the time and the place set for the public hearing on the Variance to Sec- tion 18.50.100, Bozeman Municipal Code (landscaping), 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. The Acting City Manager recommended that this hearing be opened and continued until June 18, after the public hearing has been conducted on the above agenda item. It was moved by Commissioner Swanson, seconded by Commissioner Knapp that the hearing on this requested variance be opened and continued to June 18, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissio~er Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Mayor Hawks opened and continued the public hearing to June 18, 1990, at 7: 00 p. m.. after the hearing on the above agenda item. Adjournment - 5:52 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. 05-21-90