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HomeMy WebLinkAbout1990-08-27 -ot .-\. r; . . .. , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 27, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 27, 1990, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - August 20, 1990 Mayor Hawks deferred action on the minutes of the regular meeting of August 20, 1990, for a period of one week. This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Harry C. Huntsinger, to allow expansion of an existing food con- venience store and addition of two gas pumps on Tract 5-A, Certificate of Survey No. C-23-R. The subject site is more commonly known as 1210 East Main Street. Mayor Hawks reopened the continued public hearing. . The City Manager submitted to the Commission a letter from Mr. Huntsinger dated August 27, 1990, along with a memo from Planning Director Epple, dated August 23, 1990. He stated that Mr. Huntsinger has responded to the Commission's suggestion at last week's meeting that a formal agreement be established regarding the shared access at the western edge of the subject property, indicating in his letter that Mr. Roger Stenzel, owner of the Western Heritage Inn, is not interested in formalizing arrangements for the shared access. Planning Director Andy Epple reviewed his memo of August 23, which provides re- sponses to some of the questions raised by the Commission at last week's meeting. He noted that after discussions with the Director of Public Service, he would recommend that all curb cuts be unregulated. He noted that includes the proposed ingress/egress desig- nations and the "right turn only" proposal for the easternmost curb cut. The Plann ing Director stated that staff has also prepared language for an additional condition which would require the applicant's participation in the installation of a traffic signal at the in- tersection of Highland Boulevard and East Main Street. He noted that this condition 08-27-90 _f .. . <, ( J - 2 - includes a dollar limitation on that participation as well as a time limitation; and the condi- tion is basically verbatim to the conditions which have been imposed on other projects re- cently. Mr. Keith Swenson highlighted the rationale of the Design Review Board in making its recommendations to the City-County Planning Board and the City Commission concerning this project. He noted that the DRB reviews each project in a holistic manner, consider- ing it in various steps over a three-week period before making its final decision. He stat- ed it is not uncommon for the DRB to suggest that an applicant make application for de- viations to provide a more aesthetically pleasing project overall; and that did occur in this instance. He stated that, given the constraints of this triangular parcel, the Board felt it appropriate to seek deviations to both the front yard and rear yard setbacks, making the subject parcel more usable. Mr. Swenson then addressed the provisions of the sign ordinance. He noted that the basic provisions included an eight-foot height limitation as well as a stringent size re- striction. However, an option has also been included under which deviations to both the height and size restrictions may be sought. He noted this provides the mechanism for erecting a variety of signs at various heights, and allows for more appealing overall proj- ects. Mr. Swenson indicated that the DRB is very supportive of following the deviation process, often encouraging it. Mr. Swenson stated that under this application three signs, one of which is 42 feet high, are to be removed and replaced with one 30-foot-high sign. He noted the sign is to be placed so it receives maximum visibility from the interstate; and it will be located just a few feet further from the adjacent residential neighborhood than the present sign. He then stated that with the additional landscaping to be installed, the DRB feels that this application will provide a more pleasing first impression to the community. Responding to Commissioner Swanson, Mr. Swenson stated that the DRB recognizes that the 660-foot distance between curb cuts which is currently in the zoning ordinance is an unrealistic figure, particularly in the existing developed areas along East Main Street, West Main Street and North 7th Avenue. He then indicated support for the curb cuts as requested for the subject site. Mr. Ed Brandt, owner/operator of Cardinal Distributing, stated that the beer, wine and natural soda products distributed by his company are one of the largest non-gas sales items in The Store. He noted that the 45-foot tractor/trailer used for deliveries needs a sizeable area for maneuvering; therefore, he stated it is important that the three curb cuts be allowed. He stated that if the middle curb cut is eliminated, his vehicles must fol- Iowa revised route, which will cause congestion and bottlenecks on the site. Mr. Brandt then stated this is one of the best looking retail sites on the east end of Bozeman, being 08-27-90 j / '^ . . - 3 - the product of one who has done a good job. Mr. Morris Jaffe, 1311 South Black Avenue, stated he is a member of the Gallatin County Tax Appeal Board. He stated that four of the residents located just south and west of The Store have applied for, and received, decreased assessed valuations in the amounts of 10 to 25 percent. He noted these decreased valuations are based on the noise pollution, air pollution and sight pollution of commercial properties on East Main Street, such as The Store. Mr. Jaffe stated that Mr. Huntsinger does have the right to improve his lot in life; however, he indicated the Commission must consider the residents in the immediate area who have been impacted by this activity as well as the one applicant. He strongly en- couraged the Commission to disapprove this application. Mr. Huntsinger, applicant, briefly highlighted the history of the subject site and the immediate area. He stated that meetings with residents in the immediate area have re- vealed that most of them are more concerned with the development next door to his estab- lishment than with his business. He noted that many of them are also good customers. He then stated that the sign on his property is to be dropped from 42 feet to 30 feet, which will improve the situation. He further noted that with purchasing the additional lot to the east, he has begun to maintain that site and improve the appearance of the area. He suggested that the field which is located to the south of this property and east of the residential area needs to be cut and better maintained to avoid potential fire hazards. Responding to Commissioner Swanson, Mr. Huntsinger stated his neighbor's refusal to enter into a formal agreement for the shared access does not mean that he will no long- er be able to use it. He noted that the motel property has been for sale for two or three years; and there is no guarantee that it will be maintained as a motel when it is sold. He stated that the current owner does not want to commit to an easement at this time, since it may negatively impact a potential sale. Responding to another question from Commissioner Swanson, Mr. Huntsinger re- viewed what ingress/egress patterns would be followed for trailer-towing units entering his property from both the east and the west. He noted that to have three curb cuts avai 1- able will provide options to that traffic as well as to vehicles trying to maneuver around those units. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce located at 1205 East Main Street, stated she has observed Mr. Huntsinger sweeping and washing his lot on almost a daily basis in the summertime and removing the snow as neces- sary in the wintertime. She noted he is a good neighbor and has taken great care of his lot, enhancing that entrance to the community. She then encouraged approval of this ap- plication, noting it will provide an extremely attractive site when completed. 08-27-90 ',' r r, ' . " . - 4 - Commissioner Frost stated support for the application except for one issue. He suggested that landscaping should be required around the base of the 30-foot-high sign to minimize its height as much as possible. He then suggested that this item be referred back to the Design Review Board for further consideration. Mr. Keith Swenson, member of the DRB, stated that in some instances, the Board determines it is appropriate to require the installation of landscaping around the base of the sign. He noted, however, that there comes a point where additional landscaping on a site is not a positive since all elements on the site must be balanced; and the Board has determined that is the case on this site. He stated that with the clustering of trees along the east edge of the property and with the shrubbery and trees along East Main Street, the Board determined that additional landscaping around the base of the sign is not neces- sary. Responding to Mayor Hawks, Mr. Swenson stated that the concept for the entryway has not yet been finalized. Responding to Commissioner Knapp, Mr. Swenson stated that approval of this appli- cation will not set a precedent for consideration of applications for other businesses in the future. He noted that any projects which do not conform with the code are subject to the public hearing process; and each application may then be considered on a holistic manner on its own merits. He noted that this process allows for improvement of the site under consideration, thus enhancing its overall appearance. Commissioner Swanson suggested that a requirement for larger trees to the south of the sign could be imposed to help minimize the height of the sign immediately. Mr. Swenson concurred that is a possibility. He noted that the Board felt the 1 i-inch cal iper trees proposed would be satisfactory; however, they did not discuss the size of trees in depth. He stated that the type of tree to be installed is an issue which must be carefully considered, particularly due to the sight triangle needs of the intersection of two arterial streets. Ms. Jan Terwilliger, owner of Superior Concrete and member of the Southwest Montana Homebui Iders Association, stated she is a customer of The Store. She noted that her 42-foot trailer unit is difficult to maneuver; and it is important to maintain adequate ingress/egress to the site. She then responded to Mr. Jaffe's comments, stating that the property along East Main Street was probably zoned commercial at the time residents of the adjacent subdivision purchased their properties. She stated that Mr. Huntsinger does an outstanding job of maintaining his property and building, providing an attractive facility. She then encouraged Commission approval of this application. Mayor Hawks closed the continued public hearing. Commissioner Knapp noted the Commissioners are often required to make decisions 08-27-90 J : .. r. . . .. , - 5 - /'" -' which are beyond their expertise, which results in lithe applicant depending on the kind- ness of strangers. II She stated she feels this is a good proposal and that it will be ap- proved. She suggested, however, that planning for future development include buffering between residential and commercial districts. Commissioner Frost once again suggested that the issue of landscaping around the base of the sign be referred to the Design Review Board for further consideration. Re- sponding to a question from the City Manager, he indicated that he feels the Board could make its decision on the matter without any need for it to come back to the Commission for action. Commissioner Goehrung expressed concern about such a proposal, noting he feels it is the Commission's responsibility; and he wants to know what the final decision is. He also expressed concern about the height of the proposed sign; indicated he can support the deviations to the setback requirements; and expressed reservations about the proposed accesses to East Main Street. He then stated that, based on those concerns, he will vote against approval of the application. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Conditional Use Permit requested by Harry C. Huntsinger, to allow expansion of an exist- ing food convenience store and addition of two gas pumps on Tract 5-A, Certificate of Survey No. C-23-R, be approved, subject to the following conditions: 1. That the construction comply with all mechanical, plumbing, and building codes, and that proper building permits be secured prior to the start of construction; 2. That the on-site drainage plan, storm drainage detention plans and the possible elimination of the storm water connection to the sanitary sewer at the southwest corner of the site shall be reviewed and ap- proved by the City Engineer; 3. That a Waiver of Protest for the installation of a city standard side- walk along the entire Main Street frontage be entered into by the owner; 4. That the property owner shall sign a waiver of right to protest the creation of a special improvement district for signalization at the in- tersection of East Main Street and Highland Boulevard. The waiver of right to protest shall state that, if said 5.1. D. is created, the ap- plicant will only be assessed his fair and proportional share of the cost of signalization, and that his cost shall not exceed $3,000. The $3,000 shall be a base figure used at the time the applicant signs the waiver and shall be adjusted yearly according to the Consumer Price Index (CPI). This waiver shall be in effect for a period of no more than seven (7) years from the date of signing by the property own- ..- _ e~ ~ 02 JVY: .e..J ~_ S 5. That the Final Site Plan conform with all requirements of the Zoning Code, particularly those regarding landscaping and parking require- ments, with the following exceptions: A. That the three existing driveways be allowed to be used for the project. B. That a reduction in the required front yard setback be allowed as shown on the preliminary site plan; 08-27-90 f " ,.. - 6 - C. That a reduction in the required rear yard setback be allowed, with the condition that four feet of the rear yard be land- scaped with a solid hedge; D. That the width of the driving aisles be reduced from the required 24 feet to 17 feet, and that the new gas pump island location be shifted as requested by the applicant; E. That the signage, as proposed, be allowed in I ight of the fol- lowing criteria: 1. Proximity to 1-90; 2. Compatibility with architecture and scale of building; 3. Extra landscaping in the east portion of the lot; 4. I ncorporation of a landscaped stormwater detention ar- ea; 5. Removal of two free-standing signs currently on the premises; and 6. Replacement of the third free-standing sign with a new sign which will be 12 feet lower than the existing sign; landscaping around the base of said sign to be subject to review and further consideration by the Design Re- view Board, with their action being final. 6. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 7. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 8. That all conditions specifically stated under any Conditional Use listed in the Zoning Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 9. That all of the special conditions shall be consented to in writing by the applicant; 10. That three copies of the Final Site Plan, containing all the conditions, corrections and modifications approved by the City Commission, shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. One signed copy shall be retained by the Planning Department, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 11. That if improvements are not installed prior to Final Site Plan ap- proval, the applicant shall enter into an Improvements Agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 12. That if occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements; and 13. That all on-site improvements shall be completed within 18 months of approval of the Final Site Plan. The Conditional Use Permit shall be valid only for a period of 18 months following approval of the Final Site Plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the grant- ing of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required con- ditions have been satisfied, the permit will be permanently granted. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No being Commissioner Goehrung. Responding to a question from Mayor Hawks, Mr. Swenson indicated the DRB will 08-27-90 ,I " : 1'. . . > - 7 - consider landscaping at the base of the sign at tomorrow's meeting. City Manager Wysocki submitted Commission Resolution No. 2782, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALI NG COMMISSION RESOLUTION NO. 2040, THEREBY ABOLISHING THE BOZEMAN SENIOR CITIZEN ADVISORY COUNCIL AND ES- TABLISHING IN ITS PLACE THE BOZEMAN SENIOR CITIZEN ADVISORY BOARD AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THERE- OF. The City Manager noted that this item has been discussed on several occasions. Commissioner Knapp stated that the committee reviewed and finalized this resolution at a meeting held last week. She noted that all concerns by both parties have been ad- dressed and resolved; and this document is the result. She then recommended that the Commission adopt this resolution, and direct the Clerk of the Commission to advertise for individuals to serve on this new board as soon as possible. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission adopt Commission Resolution No. 2782, repealing Commission Resolution No. 2040, thereby abolishing the Bozeman Senior Citizen Advisory Council, and establishing in its place the Bozeman Senior Citizen Advisory Board and establishing the duties and re- sponsibilities thereof. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commis- sioner Frost and Mayor Hawks; those voting No, none. Discussion - staff report re stop sign at South 7th Avenue and West Harrison Street City Manager Wysocki submitted to the Commission a memo dated August 15, 1990, from Director of Public Service Phill Forbes which provides an update on the status of this item. He noted that enforcement of the sight triangles on the Montana State University property at this intersection is being accomplished through the Planning office. He fur- ther noted that the Director suggests that no action be taken until after the fall quarter has begun at MSU, so more accurate traffic counts can be taken. He cautioned the Com- mission that at the present time, the counts that have been taken reflect that South 7th Avenue is the major street, therefore, any stop or yield signs would be erected on West Harrison Street. Commissioner Frost stated concurrence in the Director's suggestion that action not be taken until after accurate traffic counts have been taken, to verify the need for those 08-27-90 _.~ - .. :- f r. . . , - 8 - ------ signs. He noted to have the supporting statistical data prior to installation of the signs could be beneficial when the Commission is considering similar requests in the future. The Commissioner also noted that to enforce the sight triangle requirements will help alleviate the existing blind corners. Mayor Hawks questioned the need to wait, given the history of the intersection and knowing the density of traffic around the University. He suggested additional information will not change the course of action to be followed. He also noted that one of the issues raised during previous discussions on this Item is the fact that timing of the installation of signs is important. He noted it would be appropriate to install the signs before school starts, thus training people immediately. Planning Director Epple stated that he has received a call from Montana State Uni- versity assuring him that the sight triangle issue will be promptly resolved. Mr. Herb Davis, 814 South 7th Avenue, reiterated the fact that there have been several nasty accidents at the subject intersection. He noted that with the many vehicles that park along that street when MSU is in session, the driving width is approximately 1 i- If:, lanes. He stated that people drive much ~fast on South 7th Avenue; and he feels it is important to control that flow of traffic. He noted there are many small children in the area, including his own; and some mechanism should be implemented to protect them. He stated that a four-way stop or stop signs on South 7th Avenue should adequately alleviate the problem. Commissioner Goehrung stated that, having gone through this process as a private citizen, he recognizes that four traffic warrants must be met to justify installation of a stop sign; and he is not certain that the subject intersection will meet those warrants. He further noted that while the residents of the area want traffic on South 7th Avenue to be stopped, it appears that the signs will be erected on West Harrison Street instead. Mayor Hawks noted that exceptions to the State guidelines may be made for the in- stallation of stop signs. He stated that while traffic counts may not support such an action, the seriousness of accidents at that corner may. Commissioner Swanson suggested other actions could possibly be taken to improve visibility on the corner, such as the removal of the parking spaces closest to the inter- section. Mayor Hawks stated he feels that the Commission has adequate information upon which to take action; therefore, he will not support any attempt to defer action until after a traffic study has been completed with the University in session. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission direct staff to continue gathering traffic counts at the intersection of South 7th Avenue and West Harrison Street, with a report to be submitted back to the 08-27-90 .. " ~ t'.' . . , - 9 - Commission on or about October 1. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Commissioner Swanson; those voting No being Mayor Hawks. Presentation from Patagonia to Gallatin Empire Lions Club - monies for newspaper recycling program Ms. Emily Swanson, Patagonia Mail Order, submitted to Mr. John Miller, President of the Gallatin Empire Lions Club, a check in the amount of $1,000 along with a letter. She noted that several months ago, the City voted to provide a subsidy to the Gallatin Li- ons Club so they could maintain their newspaper recycling program. She stated that after considering the entire issue, Patagonia has decided that rather than contribute to the newspaper recycling program in a manner which would reduce the City's subsidy, they will donate the money directly to the Lions Club, to be used for the purchase of equipment which will increase efficiency and enable the program to continue. Ms. Swanson stated this presentation is being made in front of the Commission so that the City knows Patagonia is concerned about recycling and would like to see it contin- ue and even increase. She noted that this donation represents a cooperative partnership between government, a volunteer organization and private business. She then thanked the Gallatin Empire Lions Club for their continuing efforts in the area of recycling. Mr. John Miller thanked Ms. Swanson and Patagonia for the donation, noting it will help to ensure the success of their recycling program. Discussion - solid waste issues City Manager Wysocki submitted to the Commission a memo from Commissioner Goehrung, listing several questions he wishes the Commission to address. Commissioner Goehrung suggested that the Commission discuss each of the following questions. He noted that these questions are not meant to limit discussion, but rather to provide a place to begin. He indicated that Commission direction is necessary before any decisions can be made on how the monies are to be spent. 1. Do we want to move in the direction of a volume based rate struc- ture? This means charge people based on the amount of garbage they put out for collection. Commissioner Swanson stated he feels that a volume based rate structure should be implemented as quickly as possible. Mayor Hawks stated he is strongly supportive of a volume based structure. He noted that there are often items placed near the garbage cans which are of such an odd shape or size that they would not fit into the garbage can. He then asked how those would be handled. 08-27-90 .; :: : r. . . . - 10 - Commissioner Goehrung noted that in a survey conducted by the Local Government Study Commission regarding city services, garbage service was one of the highest ranking services. He noted that the garbage men pride themselves in picking up all of the gar- bage which is set out; and it is important to maintain the current satisfaction with service. He suggested that one alternative would be for people to call in and request a special pick-up, which then wou Id have an attendant assessment attached. Commissioner Goehrung then noted that with the increase in rates at the landfill and the potential of going to a volume based rate structure for garbage collection, it is imperative that the City ensure that the various recycling businesses will accept the vari- ous recyclables. 2. Do we need to begin to pay more attention to "speciaJl' wastes - tires, white goods, waste oil, auto batteries? Mayor Hawks stated overwhelming support. 3. Do we want to continue and even expand the composting program? Commissioner Swanson responded in the affirmative. He noted that approximately 20 percent of the goods taken to the landfill are yard wastes; and he feels it is important to get those wastes into the compost pile at the landfill. He stated that some cities have adopted ordinances which prohibit yard wastes from being deposited in the landfill, sug- gesting that the Commission may wish to consider a similar action. Mayor Hawks stated he feels it is important to implement a program under which composting materials are picked up the same day as the regular garbage collection, to en- su re the long-term success of the prog ram. He noted it is difficult for residents to par- ticipate in the program at the present time because they are required to remember too many different days. 4. Do we need to review current ordinances and review the need to in- crease fines for illegal dumping or dumpster use? Mayor Hawks stated this item needs to be addressed, noting garbage has been il- legally dumped in his cans recently. He noted it is necessary to attach fines which will remind those violating the rules that such a practice is unacceptable. 5. Do we want to consider the option of changing our current billing practices for this enterprise fund and look at billing customers twice a year rather than once? Responding to Commissioner Frost, Commissioner Goehrung stated that at the pres- ent time, the costs of garbage collection are billed once a year on the November special assessments bill. He noted that the average bill is $95 a year; and it may be easier for residents to pay that bill in two semi-annual installments rather than in one lump sum. He then stated that approximately one-third of the bills are paid by the mortgage company, through the property owner's escrow account. The Commissioner then noted that for those who do receive their bills, receiving a bill twice a year will remind them of the economics 08-27-90 -~ ~._.- J , t r. . - 11 - of garbage collection. He suggested another option would be to bill for garbage collection on a monthly basis, possibly on the water and sewer bill rather than on the special as- sessments. Commissioner F ros t noted one advantage to billing for garbage collection on a semi-annual or monthly basis is that such a method would allow people to change their habits more quickly than an annual assessment. 6. Do we want to look at requiring volume users of the landfill to sepa- rate their wastes before they are brought to the landfill? Commissioner Frost stated support for requiring volume users to separate their wastes, as well as setting up the bins for so doing at the landfill (as proposed in the fol- lowing question). He then suggested that local recycling people may be interested in lo- cating bins at the landfill, particularly since they could obtain the recyclables they usually collect at no cost. Mayor Hawks stated the separating of wastes will naturally happen when a transfer station is in operation; however, he questioned how placing bins at the landfill could suc- cessfully work, particularly if people need to basically unload and reload their garbage. Commissioner Goehrung noted that private industry and Montana State University should be given the opportunity to provide input on this issue. He then noted that some communities have specified the amount of garbage that will be accepted from the larger us- ers. 7. Do we want to set up collection bins at the landfill and allow users to sort through their loads before they move to the scales? Commissioner Goehrung suggested the possibility of setting up collection bins at the landfill, before the scales, so that volume users as well as private citizens could drop off their various recyclables before crossing the scales. 8. Is a full-blown curbside program the best approach or do we want to look at all the options and choose the one that will best meet the needs of Bozeman? Mayor Hawks stated he does not believe that a full-blown curbside program is the way to begin, indicating he feels that a smaller-scale private program is a more appropri- ate beginning. 9. How can we coordinate revisions of rates, citizen education, retain and motivate volunteers, and monitor our progress? Commissioner Swanson noted the City collects garbage from roughly 4,000 house- holds. He suggested that if the Commission could get 200 people excited about the pro- gram, they could each be responsible for going door-to-door to twenty homes in an educa- tion campaign. He stated he feels that utilization of volunteers is a key to making the program a success. Commissioner Frost stated that the Seattle program utilizes a substantial number of 08-27-90 _~___________~..__________ - ______._u___._._._ ..____._ J. ,. f ,. . . . - 12 - volunteers. He also noted that Waste Management has produced a manual for the City to distribute. He then concurred that this is the appropriate way to begin a successful pro- gram. Commissioner Swanson noted that information submitted to the Commission by the Recycling Coalition reveals that Boulder, Colorado, has one of the more successful volun- teer programs in the country. He suggested it may be appropriate to send someone to Boulder to take a look at that program. 10. In what ways can we encourage or require the City to start making use of recycled products to begin to establish a market for those products, i. e., paper, recapped tires? Mayor Hawks stated he feels the City should move in this direction to provide the necessary support for the program. He then suggested that the staff could report back to the Commission on the costs that would be incurred, since the increased costs of utilizing recycled products is not included in the Fiscal Year 1991 budget unless they are funded from the $30,000 budgeted for the recycl ing program. Commissioner Frost stated that in the information he has reviewed, it is apparent that in most states, the State government subsidizes the additional costs which local gov- ernments incur in the using of recycled products. He noted that option is not avai lable in Montana at this time. Commissioner Knapp noted that in the information previously distributed by Commis- sioner Goehrung, it Is very evident that one of the major rules of recycling is lIeducate the public." She noted there are some items that can be recycled; however, people may not be aware of them. She then suggested some mechanism, such as "helpful hints" placed in the newspaper on a weekly basis, could be very beneficial. Commissioner Goehrung stated he will work with City staff to develop a timeline for getting a recycling program in place. He then reminded the Commission that assessments for garbage collection must be set in September. He noted that if the semi-annual billing is determined appropriate, the assessment paid in November will be for the period July through December. The Commission thanked Commissioner Goehrung for his efforts in this area. Continued discussion - re request for use of UCT Building - Sue Harkin, Recreation Superintendent The City Manager noted that a letter from Steve Ungar, attorney representing the Headwaters Academy, dated August 23, 1990, was included in the Commissioners' packets. He then distributed a tabulation of estimated costs for the capital improvements which will be required along with a proposed budget for Fiscal Year 1990-91. He noted that the bud- get includes use of the facility by the Headwaters Academy, the Recreation Department and 08-27-90 -: ;t ~ "1-'" . . - 13 - any groups wishing to rent the facility. The City Manager stated that no matter who manages the building, there are certain capital improvements which much be completed immediately. He noted that changing the doors to swing out, providing handicapped access, relocating the restrooms to the main floor, removing existing asbestos in the structure, upgrading the wiring, and installing smoke detectors are necessary. He stated the existing furnace is adequate; however, it operates at roughly 25 percent efficiency, and it would be in the City's best interests to upgrade it with a more efficient unit. City Manager Wysocki stated that on the estimate of costs, he has projected $2,500 for remova I of the asbestos; however, estimates just received range from $4,500 to $10,000. The City Manager then stated that no value has yet been establ ished for those im- provements and fixtures which have been added by the United Commercial Travelers; how- ever, he did include an estimate of the costs the City will incur. The City Manager suggested that, rather than cover the costs of the necessary im- provements from this year's budget, it may be advantageous to seek a $20,000 I NTERCAP loan which could be repaid over a three-year period at $8,000 per year. He noted that the first payment, which would be due this fiscal year. could be covered through a budget transfer from the salaries which have been budgeted for a zoning enforcement officer and an urban designer since those positions will not be filled for the entire fiscal year. City Manager Wysocki stated that representatives of the UCT have indicated that group may not be interested in extending the termination of the lease to the end of the 90-day notice period, but rather might be willing to complete the arrangement by October 1. The City Manager then stated that, based on the projected expenditures and reve- nues which would be incurred, he feels the City could easily accept management respon- sibilities for the facility. He cautioned the Commission that maintenance items on the facil- ity, which is an old one, will probably run $5,000 a year. City Manager Wysocki then recommended that the Commission exercise the option of breaking the lease with the United Commercial Travelers so the City may utilize the struc- ture for municipal purposes. Responding to a question from Commissioner Goehrung, the City Manager indicated that it will be necessary to enter into a lease agreement with the Headwaters Academy, noting that Mr. Unger has indicated that if they can be assured use of the facility by Oc- tober 1, they will have no problem entering into an agreement for this school year. Mr. Herb Davis, member of the Recreation and Parks Advisory Board, stated sup- port for breaking the lease, noting the building can be effectively utilized to meet the 08-27-90 >: ,. l' ,- . . - 14 - needs of many recreational programs. He stated that if the Recreation Department takes over management of the facility, it will be made available for public use, with options to rent it for fewer hours at less cost. Ms. Daria Joyner noted that additional costs have been projected for salaries. She reminded the Commission that when this proposal was discussed previously, it was specif- ically stated that this action would not result in any additional salary costs. S he ex- pressed disapproval of taking action which will increase the City's operating costs. The City Manager indicated that a portion of the Recreation Director1s time and a portion of the secretary's time have been charged to this activity, with a corresponding decrease in the Recreation Administration budget unit. He then indicated that additional hours and the attendant salaries will be incurred for cleaning of the facility. Mr. Harry Kinyon, United Commercial Travelers, stated one item missing from the figures submitted by the City Manager is the loss of approximately $200 in rent, which the City currently receives from UCT on a monthly basis. Comm iss ioner Swanson noted the City has received offers from the Headwaters Academy to participate in the initial capital costs, suggesting those should be itemized and formalized. The City Manager concurred, noting he intends to meet with Mr. Zakovi to discuss those issues if the Commission takes positive action on his recommendation. Commissioner Swanson stated he feels the Old Elks Country Club is a very special building, and thanked the United Commercial Travelers for their good care of the facility over the years. He then stated an interest in preserving the integrity of the building, suggesting that the Historic Preservation Officer become involved prior to any remodeling efforts to ensure that integrity is maintained. Mayor Hawks concurred with that suggestion. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission state its intention to break the lease agreement with United Commercial Travel- ers for the Old Elks Country Club under the provisions of said agreement. 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. Discussion - provisions of sidewalk policy as set forth in Commission Resolution No. 2728 City Manager Wysocki reminded the Commissioners that they had requested that the sidewalk policy as set forth in Commission Resolution No. 2728 be placed on the agenda for discussion and possible revision. Mayor Hawks noted that he has submitted his written comments on this item to the 08-27-90 -( ~ f0- p 'j -l' - 15 - Commissioners and City Attorney for their consideration and response. Responding to a question from the Mayor, City Attorney Becker stated he has been unable to review and respond to those comments to date. The City Manager suggested that the Commission defer this discussion to next week's meeting to allow the City Attorney an opportunity to respond. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission defer this discussion to next week's meeting. 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. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Main, Re uirements as build- 1990 for . .A. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Consent Items be approved as submitted, 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 Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Recess - 5:40 p.m. Mayor Hawks declared a recess at 5:40 p.m., to reconvene at 7:00 p.m. fo r the purpose of conducting the scheduled public hearing, public interest item and routine busi- ness items. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearing, public interest item and routine business items. Public hearing - Tentative Appropriation Ordinance for Fiscal Year 1990-91 This was the time and place set for the public hearing on the Tentative Appro- 08-27-90 ... ~ ~ ,. . ' . - 16 - priation Ordinance for Fiscal Year 1990-91, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1991. Mayor Hawks opened the public hearing. The City Manager stated that included in the Commissioners' packets was a copy of this ordinance, as provisionally adopted at the August 13 meeting. He briefly highlighted the sections and totals for the budget, which include: General Fund - $4,267,518; Special Revenue Funds - $2,184,965; Debt Service Funds - $1,944,000; Capital Project Funds - $42,000; Enterprise Funds (water, sewer and garbage) - $3,917,861; Internal Service Funds - $346,894; and Trust and Agency Funds - $33,000; for a total budget of $12,736,238. He noted that this is a balanced budget, in which the revenues offset the expenditures. Mr. Dona Id L. Speith, 521 North Third Avenue, stated it is time the City was "placed back in the hands of the natives. II He then cited portions of an. article in the Au- gust 22 edition of the Billings Gazette entitled IIJustices approve city's service fees. II He noted that the article, which addresses the establishment of system development fees, states that liThe court said the city's rationale was that existing water and sewer custom- ers should not have to pay for growth of the system." Mr. Speith then stated that devel- opers are not paying their fair share of impact on the current water and sewer systems; and he does not feel it is appropriate for those who have paid their fair share over the years to pay again for what the developer does not. Former Commissioner Mary Vant Hull, 416 East Story Street, stated a majority of the residents in Bozeman are community minded and are willing to support the improve- ments which are necessary to make it a better community in which to live. She noted that it is very important to keep the sewer system in good repair, thus allowing residents to avoid the unpleasant situation she recently faced due to sewer back-up caused by a col- lapsed clay main. The former Commissioner stated support for the recently-created street maintenance district and tree maintenance district, noting that they will generate revenues from previously untapped sources. She then stated support for the budget as proposed and encouraged the Commission to finally adopt the budget at the appropriate time. Former Mayor AI Stiff, 204 South Third Avenue, stated he has carefully listened during the work sessions which the Commission has conducted on this budget. He then expressed concern about the proposal to add a second person to the Planning staff, sug- gesting that over the years, City staff has accepted the heavy workload rather than 08-27-90 A- '" ?- ,. . . .' - 17 - having the Commission add new members. He noted that at the present time, there is one vacancy on the Planning staff which should be filled, and he can accept the addition of one new position if that is determined necessary; however, he feels the monies for the third position could be better utilized in another, area of the budget. Mr. Stiff then addressed the issue of recycling. He stated he fully supports the concept of a recycling program; however, he suggested the issue may be too large for the City Commission. He also questioned how far the $30,000 budgeted for this program will actually go. He stated that a review of information on the subject has revealed that in one of the cities which undertook a recycling program, it cost 88.9 times what it cost to dispose of that material in the landfill. Mr. Stiff then expressed frustration and concern over the fact that the Library is open only forty hours per week. He noted that the City has spent $1.5 million in debt service for that building over the past ten years; however, the facility is being greatly underused. He stated that he had intended to review the budget on Saturday morning, but found the Library did not open until noon; and it was closed on Sunday when he at- tempted it a second time. He stated he firmly believes that the Library should be open at 9:00 a.m. every weekday, all day Saturday and Sunday afternoons. He then suggested that the monies currently budgeted for a third position on the Planning staff could be much better utilized in this area. Mayor Hawks read into the record a letter from Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce. The letter enumerated the increases in costs to the residents of the community, including the street and tree maintenance district assess- ments, two new schools and addition to the high school, the new rest home addition, water and sewer rate increases, and the increase in gate fees at the landfill. In the letter, Ms. Joyner stated that during the public hearings on the master plan and zone code, it was noted that enforcement of the new documents could be a problem; and it was suggested by those testifying that additional staff would be requested. She noted this budget proves that concern. Ms. Joyner further noted that nearly 1,200 businesses pay 58 percent of the prop- erty taxes, while 4,000 residents pay the remaining 42 percent; and suggested that the differential should be addressed. She then cautioned the Commission to consider the cu- mulative affect of all of the taxes and assessments listed when adopting the final budget. Commissioner Knapp noted that the recent appraisals under House Bill 703 have served to address the differential in the tax burden locally, since residential property val- ues increased an average of 13 percent while commercial property values remained the same. Mayor Hawks stated that while working with the new master plan and interim zoning 08-27-90 ,. . ,., " . , - 18 - documents, it has become evident that someone with a design review background is desper- ately needed on staff. He then stated that position will be funded initially for two or three years, to accomplish certain projects. He noted there have been dissenting voices to this proposal; however, it appears the vast majority of the community supports the need. The Mayor then concurred with former Mayor Stiff's frustration about the library hours. He noted that frustration has existed for several years, in light of the minimum amount which the County is contributing to the operation of that facility. He suggested that in the future, after the provisions of 1-105 are lifted, the City may realize more sup- port from the County; but in the meantime, the City must cover a majority of the costs of that facility and operation. The Mayor then noted that this budget contains a 2i-percent increase in tax dollars; and the Commission can find no areas where the proposed budget may be cut to provide additional monies for library services. Commissioner Goehrung noted that the Commission has established its goals for the upcoming year; and this budget provides funding for the top twelve goals. He then stat- ed he has reservations about the second new planning position which is being created un- der this budget, stating he would prefer to begin tying up loose ends in the master plan and zone code before creating this position. He noted that a portion of the enforcement officer's time will be devoted to planning Items, to ensure the health, safety and welfare of the citizens. Commissioner Goehrung then expressed concern about the lack of cooperation from the County on development of a transportation plan, especially since the City is appropri- ating $50,000 from its reserves for that project. He noted the County will benefit from the plan, since it cannot stop at the city limits but must address the entryways and trans- portation corridors as well. The Commissioner then proposed that if the rest of the Com- mission supports this appropriation, the Commission conduct a public meeting to receive comments on the issue. He noted the community is definitely in a growth cycle at this time; and the transportation plan should address those needs. Commissioner Goehrung then addressed the issue of recycl ing, noting that $110,000 was originally budgeted for this program. He noted there is a real need to identify the markets for recycled products, to ensure that the collected recyclables don't end up in the landfill . He noted that this will also require a substantial amount of public education as well as planning by the City; and he feels the amount budgeted can adequately cover those activities for this fiscal year. Commissioner Frost stated that when considering City needs, he worked from the underground up. He noted it is imperative to address the infrastructure needs of the community, since they benefit all of the people. He stated there are many items he would have liked to see in the budget; however, there were not adequate monies to fund them. 08-27-90 , .... ,-... " -., - 19 - Commissioner Swanson noted the street maintenance district is a positive element in this budget. He then stated that a substantial amount of grant monies are included in the budget, as a result of the staff aggressively and actively pursuing those sources of fund- ing. The Commissioner then recognized the substantial number of volunteers who assist in various areas. He noted that without those volunteers, the City's budget would balloon substantially. Commissioner Swanson stated that this year's budget reflects an increase of 2.5 percent in tax levies; and a 3. 2-percent increase has been incurred over the past four years. The Commissioner then stated that this budget closely reflects the goals set by the Commission following many hours of deliberation, noting those goals accurately reflect the concerns expressed by citizens during his door-to-door campaign last fall. Mayor Hawks stated the budget reflects this active Commission's program desires, at only a H-percent increase in taxes. He then addressed Mr. Speith's concerns about the impact which new growth has on the various City services, noting that the Commission has recognized for quite some time that it is not economically feasible for growth to pay its own way. He noted that it is also important to maintain the City facilities, therefore the on-going costs must be funded. City Manager Wysocki noted that in new developments, the developer is required to pay for the extensions of water and sewer lines; and he must pay the City time and mate- rials costs for installation of the taps for individual services. Mayor Hawks closed the public hearing. He indicated that final adoption of the ap- propriation ordinance for Fiscal Year 1990-91 will be considered at the September 10 meet- ing, in compliance with statutory requirements. Discussion - staff report re Perkins Place City Manager Wysocki reminded the Commission that the residents along Perkins Place had requested this item be placed on the evening agenda so that more of the inter- ested residents would have an opportunity to attend. The City Manager then submitted to the Commission a memo from Director of Public Service Phill Forbes setting forth three observations in connection with this issue. First, he suggested paving of Perkins Place, including curb and gutter, through a special im- provement district, at an average cost of $1,600 per parcel. The Director also suggested that acquisition of right-of-way to either North Rouse Avenue or North Church Avenue cou Id be accomplished th rough the SID as well. Second, the Director stated he does not believe installation of barriers is an acceptable solution, particularly since a turn-around area is not proposed. He also noted that the proposed barrier does not address the prob- lem, rather shifts it to another location. Third, the Director suggested that if the paving 08-27-90 / '" .... " - 20 - option is unacceptable to residents along Perkins Place, it might appropriately be designat- ed a one-way street from north to south. The Director also indicated that rezoning of the subject area to a lower density residential zone could minimize the impacts that future de- velopment may have on that street. The City Manager then indicated that a memo from the Street Superintendent addressing the barrier proposal as well as a map of the subject street are attached to the Director's memo. Mayor Hawks noted that many of the lots located along Perkins Place have streets on both the front and back. He then questioned whether this situation would have any impact on the proposal for establishing an SID for paving. The City Manager responded that there is no provision for street paving like there is for installation of sidewalks, where the policy specifically speaks to sidewalks along the rear property line. Commissioner Frost asked if the street would be paved to a one-lane width if it were designated one-way, noting that at the narrowest point, it is not wide enough to be a two-lane street. The City Manager responded it is a street; however, it is substandard. Mr. Rudolph Svehla, 419 East Lamme Street, stated the same problems have arisen as in the past. He noted the 20-foot width does not allow it to be a street. He then stated he feels a suitable turn-around area could be found if barriers were installed to keep the traffic from the multi-family units from exiting onto East Lamme Street. He in- dicated he is not willing to accept either the proposal for paving or the suggestion that it be designated as a one-way. He stated that at the present time, people going to the Sal- vation Army stop in the street and block It; and the mailboxes for residents along Perkins Place, which are located at the corner, cause additional congestion. Mr. Svehla stated he feels the traffIc should be spread out, noting that an exit on- to Rouse, at or near the multi-family units, would alleviate much of the current problem. He then maintained his position that Perkins Place was never meant to be a road, rather it is an alley. He noted that paving is not practical, particularly since the road would be above the level of the basements of the adjacent homes; and it cannot be lowered because the gas line valves are very close to the surface. Ms. Roberta Sailer, 419 North Church Avenue, stated she grew up in that home. She noted that increased activity in the area has caused increased traffic problems on Perkins. She suggested the possibility of having the City use recycled asphalt to pave the existing Perkins Place, rather than creating an SID to install a nea r-C i ty-s tanda rd facility. She noted that a preponderance of seniors and young families live in that im- mediate area; and they cannot afford the additional costs of the proposed SID. Mr. Charles Lojka, 215 Perkins Place, stated he is a disabled veteran who does not 08-27-90 - .~ ~'''"" ~~.. .. .. :0- " . - 21 - drive. He expressed concern about trying to walk along Perkins Place, noting it is very unsafe because of the cars which travel 40 to 50 miles an hour. He noted that several small children living in that area; and he feels the City is responsible for ensuring that the safety standards of all areas within the city limits are maintained. Mr. Lojka then stated that there is no I ighting along Perkins Place; therefore, that three-block area is very dark at night. Mr. Greg Beardslee, 221 North Church Avenue, stated that those who do not live in that immediate area don't understand the volume of traffic, the speed, and the danger- ous situation which exist. He stated that reducing the level of traffic is the most impor- tant item to be accomplished. He noted that the entrances at both ends of Perkins Place are blind; and paving would make the street even more dangerous. Mr. Beardslee stated he feels the apartment owners should be required to provide access to their properties from North Rouse Avenue, noting that would eliminate the prob- lem traffic. He also noted that no reference has been made to requiring future apartment building owners to access onto Rouse; and he feels that issue should be addressed. Responding to a question from Commissioner Swanson, Mr. Beardslee stated that Rudy Svehla has tried unsuccessfully to contact the owners of the Skiway Apartments; and the manager, Mr. Bob Davies, doesn't seem to be interested. He indicated the neighbors have met with Mr. Doug Polette, owner of the five-plex and adjacent duplex which enter onto Perkins Place. He noted that, although Mr. Polette has situated the five-plex close to Perkins Place, the property actually extends to North Rouse Avenue. He stated that the tenants from both Iqrge apartment buildings have been particularly unruly this summer. Mr. Doug Polette, 11110 Bridger Canyon Road, stated he is owner of the apartment building at 321 Perkins Place. He stated that his tenants are professionals, noting he cannot enforce the speed limits on those tenants. He noted that at the time he construct- ed the building, he fol lowed a II City regulations. He indicated support for paving of Perkins Place, suggesting that a sidewalk along one side might be beneficial. He noted that the speed limit should be strictly enforced along that street. Mr. Polette stated that the lot which fronts on North Rouse Avenue is separate from the lots upon which the apartment building is located. He noted that to provide access to Rouse through that lot would substantially decrease the value of a currently valuable piece of property. He stated, therefore, that to provide access to the apartment building from North Rouse Avenue is not an option; however, he indicated a willingness to work with the residents along Perkins Place. Mr. Walt Knighton, 501 North Church Avenue, stated opposition to the paving of Perkins Place because it has always been considered an alley. 08-27-90 .. f;o- ," " '. . . - 22 - Mr. Tom Smith, owner of 213 and 215 Perkins Place, stated that paving of Perkins will only raise taxes for the property owners and increase the speed of the apartment dwellers. He stated he has small children; and he does not want the street paved, nor can he afford it. Ms. Mary Ann Svehla, 419 East Lamme Street, stated she does not believe that any- one has reviewed this problem very well. She noted that paving of the street will require addressing items such as drainage, impact on the nearby creek and the amount of traffic using the roadway. She also noted that squeezing a sidewalk in along one side is imprac- tical. Mr. Mitch Johns, 327 Perkins Place, stated he lives in the house situated between the two apartment buildings. He stated he is not sure paving will solve the problem; rather, he feels that the amount of traffic and speed at which it travels need to be ad- dressed. He suggested that strict enforcement of the speed limits could probably alleviate those problems dramatically. He then suggested that installation of speed bumps and providing access to North Rouse Avenue for the apartment complexes would be the best ways in which to resolve the issue. Ms. Arlene Hall, 505 North Church Avenue, noted there is a 15-mile-per-hour speed limit on Perkins Place; however the signs posted don't seem to do any good. She stated she does not want to pay for paving of that alley. She also stated that she does not have the traffic problems that residents on the other end do; but she feels a suitable solution could be found. Mrs. Luella Polette, co-owner of 321 Perkins Place, stated she recognizes that the area is a problem area; and she and her husband are willing to work with the residents to decrease those problems. She noted that the property in that area is zoned for multi- family dwellings; and access to the properties fronting on Perkins Place is from Perkins Place. She noted that designating the street as a one-way street might be a solution; however, she expressed concern that it might create more traffic for the permanent residents along Perkins. Mrs. Polette then concurred that speed is a problem, noting it wasn't so much a problem when one of the police officers lived there. Mrs. Polette then stated that dust from the street is also a problem, suggesting that some type of dust abatement program might be beneficial. She noted that exiting onto Rouse from their apartment building is not a viable solution, particularly with the configuration of the structure. Mrs. Martha Drysdale, 1408 South Black Avenue, stated she owns buildings in the 500 block of Perkins Place. She suggested that speed bumps on Perkins would solve the problems of excess speed on that street. Mr. Greg Beardslee asked if the City will forward a formal request to Skiway 08-27-90 .. rt. ,'" " '. . . - 23 - Apartments to provide access to North Rouse Avenue; the Mayor responded if that is the direction the Commission determines appropriate, it will be done. Mr. Svehla stated he feels residents should be able to use their alley like everyone else; and he does not support paving or speed bumps. He stated the safety issues must be addressed. He then stated he does not believe any more multi-family dwellings should be allowed to dump traffic onto Perkins Place. He suggested that if all other options fail, the City could probably buy a lot for $15,000 to provide an access to Rouse and divert the traffic . Mr. Svehla then addressed the issue of the mailboxes once again, noting they cre- ate a substantial amount of traffic that should be eliminated from the corner by his house. He once again stated the alley should not be used as a road. He feels that a barrier to split the alley into halves or thirds would be appropriate; and an acceptable turn-around area for cars could be provided. He noted that garbage trucks may have to back out of the alley or find an alternative if that becomes a problem. Mrs. Luella Polette noted that at Greeley, Colorado, the town grew until it sur- rounded a cattle feed lot; then the residents began to complain about the smell. Mrs. Victoria Smith, 213 Perkins Place, stated she feels this problem is significantly worse than a smell, rather it is the issue of her 7-year-old daughter's safety. Mr. Mitch Johns stated he believes a lot of the residents' complaints are legitimate. He stated he does not feel the street should be paved; however, he does support the in- stallation of speed bumps. He also suggested it may be in the City's best interests to post signs along the street if speed bumps are installed to minimize any liability. Responding to Commissioner Frost, the City Manager indicated there is statutory authority for the City to condemn property to provide an access to North Rouse Avenue from Perkins Place. Commissioner Frost stated there is not adequate right-of-way for a street. He a I so noted that paving will only increase the speed problems. Commissioner Swanson noted the Commission has received comments from Director of Public Service Phill Forbes; however, he suggested that possibly a larger group of people should review the problem. He suggested that the Director should be involved, and probably someone from the Planning staff along with owners of both the single-family and multi-family developments along that street. He stated he feel s the issue of installing speed bumps should be carefully reviewed before any action is taken on that suggestion; however, he suggested that strict law enforcement in that area, undertaken immediately, could be very beneficial. He also suggested that the mailbox issue could probably be addressed on an immediate basis. Commissioner Goehrung asked if limitations on the street capacity would limit the 08-27-90 -,,~- .. Itr ," <"' . . - 24 - amount of development that could occur along the street. He also questioned at what point that limitation would constitute "taking." The City Attorney responded that severe restriction on use of the property could possibly be construed as "taking." He noted, however, that as long as access is avai lable to North Rouse Avenue, the City would incur no such problems. Commissioner Goehrung stated he feels it would be appropriate for the City to send a letter to the Post Office regarding the location of the mailboxes for residents along Perkins Place immediately. He noted he does not have adequate information to address the parking issues; however, he feels that sending a letter to the Salvation Army expressing concern would be acceptable. He also indicated a desire to have the Planning staff review the potential of limiting additional multi-family construction along Perkins Place in the fu- tu re. He stated he does not feel any additional action would be appropriate at this time. Mayor Hawks noted that finalization of the zone code is currently in process. He stated that if the properties along Perkins Place are zoned beyond the capacity of the street, then the document should possibly address the problem. He indicated that break- away barriers are not very convenient for the garbage trucks. He did state support for attempting to move the mailboxes, noting that their new location might be dependent upon final resolution of the rest of the issues. Commissioner Goehrung noted that the intersection of East Lamme Street and Perkins Place is located close to an elementary school, which is a high traffic area. He noted there should be a more appropriate location for the mailboxes. Commissioner Knapp stated support for immediate law enforcement as well as an ef- fort to relocate the mailboxes. Responding to Mayor Hawks, the Commission concurred it would be appropriate to establish a committee to further review this issue. The Mayor then indicated he will ap- point a subcommittee, which will include at least a multi-family property owner, a sin- gle-family resident; the Salvation Army; law enforcement; and a Commissioner. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1) Notice of a rescheduled meeting of the subcommittee to review the master plan update, set for Wednesday, September 19, at 8: 00 a. m. The Mayor noted that with the amount of work needed to pull the various revisions together, the Planning staffs have needed more time that was allowed by the originally scheduled August 29 date. (2) Memo from the Historic Preservation Advisory Commission announcing the 08-27-90 .,.. I;ol ." " , - 25 - hiring of a new half-time Historic Preservation Officer, Catherine Goetz. (3) The City Manager presented to the Commission the GFOA Certificate of Ex- cellence in Reporting. He noted this is the sixth year that the City has received this award. He then suggested that the Commissioners extend their thanks to the City's Fi- nance Department staff for making this possible. (4) Fire Department report listing total calls for the first half of 1990. (5) Chair notes from the August 14 meeting of the Pedestrian/Traffic Safety Committee. (6) Letter from Sharon Eversman, 1402 Cherry Drive, dated August 9, 1990, to the Pedestrian/Traffic Safety Committee regarding sidewalks. (7) An updated brochure on the Sunset Hills Cemetery. The City Manager noted this brochure is updated every two to three years. (8) Reminder that next week's Commission meeting will be held on Tuesday, due to the Labor Day hol iday . (9) The City Manager submitted his weekly report as follows: (1) Fourteen white goods had been collected and set aside at the landfill as of last week. (2) Closing of the City's financial books for Fiscal Year 1989-90 is underway, in anticipation of the au- ditors arriving in about two weeks. (3) The cross streets in the downtown area that have been milled will be repaved beginning tomorrow. (4) Met with people from the MSU Phys- ical Plant regarding transportation, garbage, landfill and parking issues. (5) Attended the MMIA meeting in Helena on Friday. (6) In cooperation with County Commissioner Jane Jelinski, is preparing the agenda for the local government day for the Leadership Bozeman III seminar. (7) Met with Alec Hansen and Clerk of the Commission Sullivan on Wednesday in preparation for the League Convention. (10) City Attorney Becker briefly updated the Commission on information sur- rounding the article which appeared in Friday's edition of the Bozeman Daily Chronicle re- garding the water contamination at Nelson's Trailer Court. He stated that late Thursday he received a fax from Helena, giving City staff until September 7 to respond to seventeen very technical questions. He stated he has requested an additional thirty days, since re- sponses to the questions will require substantial review of documents over a thirty-year period. The City Manager stated that the haza rdous materials which surfaced in that groundwater are purported to have come from the City's sewer and the septic system which are located at the Buttrey's Shopping Center. ( 11) Comm iss ione r Goehrung submitted the following. (1) Met in Helena on Wednesday regarding solid waste issues. Upcoming meetings include a meeting of the Environmental Quality Council committee on solid waste issues to be held on September 14; 08-27-90 .... 1"..... '&" <,' , , - 26 - ~ and a meeting of the Environmental Quality Council on October 1 or 2 in Butte to formalize any recommendations to the 1991 Legislature. (2) Tomorrow he will have lunch with resi- dents of Turrialba, Costa Rica. (12) Commissioner Frost attended the City-County Planning Board meeting on Tuesday evening. (13) Commissioner Swanson submitted the following. (1 ) Attended the Montana Tax Reform Coalition meeting on Wednesday, where a summary of the final recommendations was discussed. He then requested an agenda item to discuss those recommendations, in light of the fact that one of the Commission's goals is to lobby federal, state and local governments. (2) Met with John Harkin to review comments regarding the documents to establ ish a Bicycle Advisory Board; and they will meet again on Friday. He noted he should soon have a finalized document to submit to the Commission for consideration. (3) Will meet tomorrow with Dixie Swenson to review the Butte incubator program and discuss whether such a program would be viable in the Old Haynes Building. (4) Stated he has had two meetings with staff on the Valley Unit issue, and has another one scheduled for Wednesday. (14) Commissioner Knapp attended a meeting with representatives of the Senior Center and Assistant to the City Manager Ron Brey to final ize the resolution and bylaws establishing the new managing body. She noted the result was the resolution acted on earlier this afternoon. She stated she feels the document is workable and was prepared with good will on both sides. (15) Mayor Hawks submitted the fOllowing. (1) Was delighted to see the cherry picker at work on South Willson Avenue today. (2) Was contacted last week regarding placement of wood chips along the trail on the ridge. (3) Asked about status of the Hall property. The City Attorney responded that he has encouraged Mr. Hall to contact an attorney. He then noted that the large parcel was created by construction of Kagy Boule- vard; and one of the parcel's boundaries is Kagy Boulevard. He further noted the plat is over ten years old; and it must be filed within six months of issuance. He indicated addi- tional information will be submitted when it is available. ( 4) Noted he has received a copy of the letter of complaint which was under "Letters to the Editor" in the Bozeman Daily Chronicle. (5) Attended the opening assembly for the schools this morning, enjoying Superintendent Butterfield's speech. (6) Asked the City Attorney to review his memo list- ing concerns about and possible changes to the sidewalk policy in preparation for next week's meeting. (7) Asked for a review of recent appointments to the various boards and commissions to e"!:!jre th~ are up to date. and Commi ssioner Knapp (16) Ce ~ rUAg stated he spent a very challenging two hours with Malcolm Story in the Story Hills, reviewing the old Bozeman 08-27-90 ..'- ":>",,, ~ - . ." . - 27 - Trail and access to that site from the west. He noted that Mr. Story is interested in gaining back the historic right-of-way for access; however, a lawsuit in the 1950's was unfavorable to his position. Adjournment - 9: 15 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. 08-27-90 - -- -, '.",',;.