Loading...
HomeMy WebLinkAbout1990-09-10 ....' , ~ .~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 10, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 10, 1990, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson, 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. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. City Manager Wysocki requested that the deviations requested for the Sundance Apartments be removed for discussion. Minutes - September 4, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of September 4, 1990, be approved as amended. The mo- tion 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. This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Cellular Information Systems, Inc. to allow construction of a 12-foot by 24-foot prefabricated equipment building and two telephone poles on a portion of Tract 39A, Story Hills Plat. The subject site is more commonly located on Big Gulch Road and is known as "Beacon Hill." Mayor Hawks reopened the continued public hearing. City Manager Wysocki presented to the Commission a letter from the Planning De- partment dated September 7, along with a copy of a letter from Brondino & Associates, agent for the Collier Family Trust, indicating that the owner of Lot 11 B of Certificate of Survey No. 35 will not allow access through that lot to the subject property. He indicated that staff has requested that the public hearing be continued for a period of one week to allow staff and the City Attorney more time to address the contents of this letter as well as the concerns expressed by the Commission regarding ownership and legal notice. The City Manager then recommended that the public hearing be continued per the staff's re- quest. 09-10-90 .. ".'. ~i. . ..:... .~ .. u . . . . - 2 - Mayor Hawks continued the public hearing to 3:30 p.m. on Monday, September 17. This was the time and place set for the continued public hearing on variances to Sections 18.26.050, 18.50.100.D.5.a., and 18.50.100.D.6. of the interim zoning ordinance requested by Michael Hall, to allow construction of a 6,837-square-foot professional build- ing on Lot 1, Block 2, University Square Subdivision. The subject property is more com- monly located at the southwest corner of the intersection of South 20th Avenue and West Dickerson Street. Mayor Hawks reopened the continued public hearing. The City Manager presented a letter from the Planning Department requesting that the publ ic hearing be continued for a period of two weeks, to allow staff time to more thoroughly explore design alternatives with the applicant and the neighbors. The City Manager then stated that during this past week, the Director of Public Service has in- dicated a willingness to allow some adjustment in the utility easement which traverses the property; and that issue, among others, could impact the final action on this application. The City Manager then stated it is his understanding that the residents of Southbrook Condominium Owners' Association, many of whom are present, have circulated a petition and wish to present it to the Commission. He suggested that the Commission may wish to accept that petition at this time, so that it may be considered by the staff during its review of the project over the next two weeks. Mayor Hawks noted that the President of the Southbrook Condominium Owners' As- sociation was informed this morning that this public hearing would be continued to Septem- ber 24; however, he was unable to reach all of the property owners to inform them of the continuance. He then indicated that the Commission is willing to accept the petition, along with a brief general statement. He noted, however, that the applicant is not in atten- dance; therefore, no additional testimony will be accepted at this time. Mr. Ed Koudelka, President of the Southbrook Condominium Owners' Association, submitted to the Commissioners a petition signed by 79 percent of the 88 property owners within Southbrook. He indicated that he has been unable to contact the remaining 21 per- cent to date, since some live out of town and others are simply out of town for a brief pe- riod. He briefly highlighted the petition, which is a synopsis of the comprehensive state- ment submitted at last week's meeting. He reiterated that the residents of Southbrook are opposed to the requested variances, indicating they feel that any development on that site should be done in accordance with the existing zoning regulations. 09-10-90 . '. . . - 3 - Mayor Hawks continued the pUblic hearing to 3: 30 p. m. on Monday, September 24, 1990. City Manager Wysocki reminded the Commission that he had requested that this item be removed from the Consent Items. He noted that one of the Commissioners had raised a question about the installation of sidewalks for th1s project, and suggested that issue should be addressed prior to approval of the requested deviations. Assistant Planner Debbie Arkell briefly highlighted the application, noting that the property owner is requesting three deviations from the interim zoning ordinance to (1) al- low parking within the 25-foot entryway corridor setback; (2) allow 149 lineal feet of land- scaped buffer strip to be placed on the State of Montana Department of Highways right-of- way; and (3) allow a 24-foot-wide driving aisle rather than the required 26-foot-wide aisle. She stated that a review of the files on this application reveal no conversations between the staff and applicant concerning the installation of sidewalks along South 19th Avenue. She noted that under current statutory provisions and City policies, the Commission may require the installation of sidewalks along one's property; therefore, the Director of Public Service has indicated he does not feel that signing of a waiver of protest is necessary. The Assistant Planner stated that most of the renters in the apartment complex are MSU students; and they generally use an unpaved walkway from the complex to West Lincoln Street, rather than walking along South 19th Avenue. Responding to a question from the Mayor, the Assistant Planner stated that the subject parcel is within the city limits. She noted; however, that a substantial portion of the property lying south of West Lincoln Street is outside city limits. Commissioner Swanson noted that installation of sidewalks along West Lincoln Street is~~r;'ti~\;1h~~'''~'i~p prioriti:s', s~ggestin~ it may be: appropriate to require the applicant1 to , ,. .! sign a waiver of protest for the creation of a special improvement district for the installa- ~~.. ,:.',", . tion oisicSewalks along West Lincoln Street. Responding to questions from the Commissioners and City Manager, the City Attor- ney briefly' reviewed the statutory provisions for installation of sidewalks. He noted that under one section of the statute, the Commission may order that property owners within a specified district install sidewalks adjacent to their properties. He stated that under an- other section of the statute, the Commission may create a special improvement district for the installation of sidewalks; and the costs thereof may be assessed against a broader area. He suggested it would be appropriate to use the second alternative in unique sit- - . uations, citing South Third Avenue as a prime example. 09-10-90 _ ____~ . __'H ,",'.' . . - 4 - Commissioner Knapp asked if the applicant is aware of the transportation plans and improvements contemplated for 19th Avenue and West Kagy Boulevard, including the impact which the North 19th Avenue interchange will have on South 19th Avenue as well as the extension of West Kagy Boulevard from South 11 th Avenue to South 19th Avenue. Mr. Jerry Gaston, engineer representing the applicant, indicated the appl icant is aware of those two projects. Commissioner Swanson indicated his desire to include a condition which would re- quire that the applicant sign a waiver of protest for the creation of a special improvement district for the installation of sidewalks in that area, especially in light of the residents. usage of West Lincoln Street and the proposed extension of Kagy Boulevard as well as South 19th Avenue. Mayor Hawks noted that the Commission has imposed a similar condition on other re- cently-approved applications; and this proposal would be consistent with those actions. . The City Manager reminded the Commission that if they order in sidewalks along South 19th Avenue at some time in the future, the applicant will be responsible for instal- lation of that sidewalk as well as any sidewalks that may be installed under the waiver. He then cautioned the Commission that to require the applicant to participate in installation of sidewalks along both West Lincoln Street and Kagy Boulevard as well as the sidewalk adjacent to his property on South 19th Avenue would be excessive. Responding to questions from Commissioner Frost, the City Manager stated that the City may, with proper notification to the State of Montana Department of Highways, order in sidewalks along State-owned roadways within the city limits, and assess the appropriate property owners. Mr. Jerry Gaston briefly reviewed the applicant's request for deviations. He noted that the right-of-way along South 19th Avenue jogs ten feet to the west in the middle of the subject property. He stated that because of that jog, the property owner has appl ied to the State Highway Department for permission to install some of the landscaping on the public right-of-way so that the landscaped strip is in a straight line. He noted that ac- tion on that application is pending the outcome of this agenda item. He then indicated that installation of sidewalks along South 19th Avenue will be difficult, given the landscap- ing, public right-of-way and physical constraints: Mr. Gaston stated that he feels the applicant would be willing to sign a waiver of protest for the creation of a special improvement di.strict for the installation of sidewalks, if that is determined appropriate by the Commission. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the deviations from the zoning ordinance to allow parking in the set- back; allow a landscaped buffer strip on Department of Highways right-of-way; and allow a 09-10-90 - ~" , . - 5 - 24-foot-wide driving aisle requested by Sundance Apartments, subject to the following con- ditions: 1. Authorization from the Middle Creek Ditch Company for work in the irrigation ditches must be obtained and provided to the DRC office prior to Final Site Plan approval; 2. Authorization from the Middle Creek Ditch Company must also be ob- tained for post-detention storm water discharge into the irrigation ditch; 3. The issue of "detention" vs. "retention" needs to be clarified on the Final Site Plan; 4. Adequate snow storage needs to be shown on the Final Site Plan; 5. Drainage design calculations must be provided to and approved by the City Engineer's Office prior to Final Site Plan approval; 6. The Final Site Plan shall include details of curb, gutter, paving, and trash enclosures, subject to review and approval by the City Engi- neer and Planning Director; 7. The landscape plan must be approved by a licensed landscape archi- tect or qualified nurseryman, as per Section 18.50.100.D.3.c. 8. The landscaped area in the southwest corner of the parking lot shall be extended two spaces to the north and include a cluster of aspens similar to what is proposed in the northwest corner of the lot; 9. No plantings taller than 40 inches in height at maturity shall be placed in the 10-foot strip of Highway Department right-of-way; 10. The applicant shall execute a Waiver of Protest for the creation of a special improvement district for the installation of sidewalks in the immediate area; 11. Three copies of the Final Site Plan containing all the conditions, cor- rections and modifications approved by the DRC and DRB s ha II be submitted for review and approval by the Planning Director within six months of the date of DRC/DRB approval. One signed copy shall be retained by the Planning Office, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 12. All on-site improvements shall be completed within twelve months of approval of the Final Site Plan. If improvements are not installed prior to Final Site Plan approval, the applicant shall enter into an Im- provements Agreement with the City. Detailed cost estimates, con- struction plans and methods of security shall be made a part of that Agreement; 13. If use of the parking facility is to occur prior to the installation of improvements, the Improvements 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 not yet installed. The motion carried by the following Aye ahd No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Ordinance No. 1318 - Appropriation ordinance for Fiscal Year 1990-91 The City Manager presented to the Commission Ordinance No. 1318, as reviewed by the City Attorney, entitled: 09-10-90 . ... ~ ~, . - 6 - ORDINANCE NO. 1318 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 F I S CA L YEAR ENDING JUNE 30, 1991. City Manager Wysocki reminded the Commission that they had conducted the public hearing on this ordinance at their regular meeting of August 27, 1990. He then briefly summarized the amounts budgeted within the ordinance, noting it is a balanced budget in the amount of $12,736,238. He noted this is the final step in the budget process and rec- ommended that Ordinance No. 1318 be finally adopted at this time. Commissioner Frost made a statement of support for the budget, noting it contains many IIfirst stepsll such as the street maintenance district, tree maintenance district, re- cycling program, and new master plan and zone code. The Mayor concurred, noting all of those items have been funded through a 2i-per- cent increase in the tax levies. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1318, the appropriation ordinance for Fiscal Year 1990-91. 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. Commission Resolution No. 2809 - establishing and affixing the mill levies for Fiscal Year 1990-91 City Manager Wysocki presented Commission Resolution No. 2809, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2809 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPER- TY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1990-1991. The City Manager stated that this resolution establishes the mill levies which are necessary to fund the budget which was adopted in the previous agenda item. He then highlighted the mill levies to cover the various activities, noting that the total mill levy is 126.45, compared to 127.06 last year. He stated that the mill value for this fiscal year is $24,963. The City Manager then recommended that the Commission adopt Commission Res- olution No. 2809. Mayor Hawks noted that the mill levy for. the Valley Unit special improvement districts has decreased over the past few years, so it is now in line with the levy for health and medical insurance costs. He stated he is looking forward to the time when the 09-10-90 ....... , - 7 - levy for those special improvement districts can be totally eliminated. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2809, establishing the mi II levies 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. Continued discussion - provisions of sidewalk policy as set forth in Commission Resolution No. 2728 The City Manager submitted to the Commission a copy of the revised sidewalk pol- icy, per last week's discussions. He noted there were two issues raised at last week's meeting which should be resolved during this week's discussion: (1) the 50% figure con- tained in No.5 under "Implementation Policy"; and (2) the revisions to No.1 under "Im- plementation Policy" which remove reference to internal pedestrian walkways in the M-l and M-2 zones. Commissioner Frost noted there are a substantial number of areas in the community where there are no curbs and gutters; and installation of a temporary sidewalk could be difficult. He then expressed support for the creation of special improvement districts for the installation of curb, gutter and sidewalks, suggesting that in the long run, such an approach could be less costly than the temporary stop-gap measures. Director of Public Service Forbes stated another alternative which might be consid- ered is to require the designing of improvements to be installed within the public right- of-way, including sidewalks. He cited the requirement that the developer of Westfield Subdivision provide the design. for construction of sidewalks along South Third Avenue as an example, noting that cost approximately $5,000. He then stated that the shelf life of this type of design is not infinite; however, it is quite long. He noted that to have a number of sidewalks along the major streets in the community already designed will be beneficial in the long run. The Commission then reviewed selected sections of the policy as revised, beginning with the "I mplementation Policy," as follows: 1. Sidewalks are required in all areas of the City except those zoned M-l, M-2 and PLI. The Di rector stated that he revised this statement to delete the provision which al- lows an internal pedestrian walkway in M-l, M-2 and PLI zoning districts. He noted that with this revision, sidewalks are not required within those zones. He stated that he has made this change because projects which have been constructed under the existing policy have revealed that this provision is unworkable. He noted that the internal walkways are not always located the same distance from the curb; therefore, the capability for providing 09-10-90 - - . - 8 - a continuous walkway does not exist. He cited the new waterslide project on North 7th Avenue as an example, noting that the internal walkway is so far from the curb that it is impractical to expect people to take such a circuitous route. Responding to the Mayor, the Director stated he feels that to have sidewalks in M-l and M-2 zones would be beneficial, since there is pedestrian traffic within those zones. Commissioner Frost stated concurrence with that position, noting it is difficult to move through such developments on foot when no transportation system is available. Following discussion, the Commissioners concurred that a sidewalk system is needed in the M-l and M-2 zones. They noted that the sidewalks may be located at the curb or they may be internal, so long as those sidewalks can be connected to adjacent properties and provide a satisfactory pedestrian walkway. They also requested that language be con- ta i n ed in this item to stipulate that the location of the sidewalk shall be subject to ap- proval by the Director of Public Service. The Director of Public Service noted that in some industrially-zoned areas, develop- ment is basically complete; and no sidewalks have been installed to date. He stated that in those instances, he does not believe that any remaining undeveloped lots should be re- quired to install sidewalks at the time of development, since they would have no sidewalks on either end. He then asked if the Commission wishes to see sidewalks installed within industrially-zoned subdivisions, or if they feel that sidewalks to get pedestrians past those developments are all that is necessary. The Commissioners responded that sidewalks are needed within industrial zones as well as past them. They further concurred that any exceptions may be handled adminis- tratively. 4. Installation of sidewalks ordered by the City Commission will strictly follow the Sidewalk Program Schedule as approved by the City Com- mission. The Program Schedule will be prioritized based primarily on public safety and public need, secondarily on practical ity of con- struction and overall economic impact, lastly on the impacts to mature vegetation. Said program schedule shall be organized into the follow- ing categories: Mayor Hawks expressed concern that at last week's meeting, two of the Commission- ers had explicitly requested that mature vegetation be listed third under "selection crite- ria"; however, under this paragraph as well as under "selection criteria" it has been listed last. He then suggested that if the word "lastly" was eliminated from the paragraph above, it might more closely reflect the Commission's desires. Commissioner Frost suggested that the mature vegetation could possibly be included under practicality of construction. Commissioner Knapp suggested that the "selection criteria" could be adjusted to in- clude only three categories, "public safety, " "public need" and "practicality of construction;" with "economic impact" and "impact on mature vegetation" being included 09-10-90 ---..-------- -~ - ---------------- ------" -- ---- - 9 - under "practicality of construction." She then suggested that the paragraph be revised to read: 4. Installation of sidewalks ordered by the City Commission will strictly follow the Sidewalk Program Schedule as approved by the City Com- mission. The Program Schedule will be prioritized based first on public safety, secondly on public need, and thirdly on practicality of construction. Said program schedule shall be organized into the fol- lowing categories: The Commissioners concurred in that proposed revision, noting that it will impact the manner in which the "selection criteria" are set forth. 5. Sidewalk installation may be required, as noted and scheduled in Im- plementation Policy Statement #4 above, when 50% of the lots in an identifiable area are developed in existing subdivisions. Responding to Mayor Hawks, the Director stated that he has carefully considered the 50% contained within this statement; and he feels that while it may be arbitrary, it is appropriate. He noted that even though the developers may not like this requirement, he feels that the residents in a subdivision should be given the opportunity to move around upon a completed sidewalk system. Commissioner Frost stated support for this item as stated, noting that curbs must be installed at the beginning of the development; and he feels that residents should have reasonable expectation of sidewalk installation as well before all of the lots have been fi lied. The Director stated that if a four-inch sidewalk has been poured across a vacant lot, he would not require that it be taken out and replaced with a six-inch sidewalk where the driveway is located. He also noted that he would encourage developers to drive across that portion of the sidewalk where the driveway is to be poured, so that if there is any breakage, it can be removed and replaced when the driveway is done. The Commissioners then concurred that this statement should remain as written. 6. All new construction within the City shall install sidewalks before oc- cupancy unless otherwise covered by an improvements agreement which has been approved by the City Commission. The Director of Public Service stated that he changed the word "development" to "construction" because the statement had carried the wrong connotation for many people. He then stated that he feels this revision more accurately reflects the meaning of the poli- cy. The Commission concurred. 7. Sidewalks shall not be screened from the street, as viewed perpen- dicular to said street, in any fashion, e.g., no hedges, evergreens or dense shrubbery, that will obstruct vision between a level 30 inches above and 7 feet above the adjacent curb. Mayor Hawks noted that at last week's meeting he was unsuccessful in his attempt to revise this statement. He reminded the Commission that tree trunks will be located within the 30-inch to 7-foot level above the adjacent curb; therefore, there will be ob- 09-10-90 -- i . - 10 - structions in that area. The City Manager noted that utility poles will be located within the boulevard area as wel,. Commissioner Frost stated that the examples listed reflect a broadness that does not exist in tree trunks or poles. He stated, therefore, that he does not believe that large trees or poles would be precluded under the statement as written. Commissioner Knapp suggested that rewording of this statement may be in order. She noted that "obstruction" is the most important part of the statement, therefore, it should possibly be moved to the front of the sentence. The City Manager indicated that staff will bring back a revised statement for Com- mission consideration. Director of Public Service Forbes suggested that any use within the public right- Of-way should be addressed in an ordinance, rather than just within this policy. He noted that a statement could then be contained in this policy which would reflect the provisions of the ord inance. Mayor Hawks stated that if staff revises this statement so it does not preclude young trees or tree trunks, it will be acceptable to him. Mayor Hawks reminded the Commission that the Pedestrian/Traffic Safety Commit- tee's recommendation is that sidewalks be installed along all paved streets in the city ~ He then stated that at last week's meeting, he had suggested some mechanism for financial participation by those who may be excepted from this requirement; and he still feels some method for such funding should be created. The City Manager stated that a conversation with the City Attorney has revealed that the two options for funding of sidewalk improvements include (1) assessments against the adjacent property owners within a sidewalk district and (2) creation of a special im- provement district which provides for a broader base of funding. He cautioned that only those properties within a created district may be assessed for the sidewalk construction. The Mayor stated that he feels those who are excepted from the requirement to in- stall sidewalks, and who are then assessed for installation of other sidewalks in the area through a special improvement district, should be guaranteed that they will not be required to install sidewalks for a minimum of five years. The City Attorney cautioned the Commission that the SID procedure is much more complex than the sidewalk district procedure; and more difficulties could arise in adminis- tering such a program. Mayor Hawks noted that recen t legislation has provided for the issuance of mini-bonds, suggesting that may be an option. The City Attorney stated that he must research that portion of the statutes prior to 09-10-90 - 11 - responding. Mayor Hawks asked about the projected costs for sidewalks along South Third Ave- nue; the Director responded those costs have not yet been estimated. Commissioner Swanson suggested that to have a district roughed out, based on South Third Avenue, including the individual assessments, could be beneficial in consider- ing this issue. The Director of Public Service responded that an extensive amount of work would be required to provide such a scenario. He further noted that at the present time, he is involved in a large project; and he does not have time to undertake another large project. Mayor Hawks stated that many people have approached him about their willingness to participate in funding, but not in construction of sidewalks in front of their homes. He then reiterated his desire to create some type of funding mechanism to allow them this op- portunity to participate. The City Manager indicated that staff must carefully research any possible ways to accommodate the Mayor's proposal. He noted that this could take some time to accomplish. ~ The Commission then reviewed the revised "Selection Criteria" as follows. ~. Public Need: - Pedestrian origination/ destination analysis - Existing evidence of high use - Written public comment, especially neighborhoods affected - Develop- ment density/design elements The Mayor noted there are many different groups which use sidewalks; and they may have different needs. He stated that joggers use the existing pathway along Highland Boulevard extensively; however, at the present time, they are the only group which uses it to any great extent. He then suggested that the second item under this statement be revised to read "Existing evidence of high use/type of use," noting that the type of use may dictate the type of materials and design to be utilized. III. Practicality of Construction: - Extraordinary cost items resulting from natural topographic features that would increase the cost of sidewalk construction by more than 100% . Costs will be identified on an individual parcel basis. I n the instance of an ordered sidewalk district, any costs over and above the normal costs of construction for an individual parcel shall be borne by the City of Bozeman if an exception is not granted. This City cost par- ticipation is extended O~y to parcels assessed in the district, not privately constructed wal s. The Director of Public Service stated he had originally included the stipulation that the City would participate if the costs were over twice the normal costs of construction. He noted that this provision allows for the property owner to incur some additional costs, such as for the removal of bushes, without triggering the City's need to participate. He then suggested that the provision for twice the normal costs may be arbitrary; however, 09-10-90 . . . - 12 - he stated support for that type of provision. Responding to the Mayor, the. Oirector indicated that 1 t times the normal costs of construction would generally be adequate, and might be more practical. He then stated that installation of the sidewalk along South Third Avenue will definitely test this pro- vision. Commissioner Knapp suggested that this item be revised to read: III. Practicality of Construction: - Extraordinary cost items resulting from natural topographic features that would increase the cost of sidewalk construction by more than 100%. Costs will be identified on an individual parcel basis. In the instance of an ordered sidewalk district, if an exception is not granted, any costs over and above one and one-half times the normal costs of construction for an individual parcel shall be borne by the City of Bozeman. This City cost participation is extended only to parcels assessed in the district, not privately constructed walks. (Third paragraph to establish the definition of "sidewalk district".) Mayor Hawks questioned why those who install their sidewalks privately are not af- forded the opportunity to have the City bear a portion of their extraordinary costs. The City Manager responded that those who have their sidewalks privately installed do not incur the potential for additional costs, including the engineering design costs and participation in the installation of handicapped curb cuts, which are spread throughout the sidewalk district; and he does not feel they should receive any potential cost breaks that might inure to participants in the district. The Commissioners concurred with the revisions in this section as proposed by Commissioner Knap~. IV. Economic Impact: - The economic impact upon property owners will be considered. Mayor Hawks noted that installation of sidewalks in a given area will negatively im- pact at least one individual property owner. He then asked if this statement refers to impacts upon individual property owners or upon the ownerships within a district as a whole. Following discussion, the Commissioners concurred that this statement can be con- strued to apply to individuals and groups alike. Mayor Hawks suggested that in the final paragraph, the last sentence should be revised to read "... upon City Engineer review and City Commission approval." Following discussion, the Commissioners concurred in that proposed revision. Commissioner Swanson noted the Commissioners have received a letter from Dorothy Eck, 10 West Garfield Street, dated September 7, 1990, regarding the sidewalk issue. He noted her preference to pay for installation of sidewalks along the other side of the street, rather than to pay for sidewalks along her side of the street, where extensive extra- ordinary construction and costs would be involved. 09-10-90 . . . - 13 - Responding to a question from Commissioner Swanson, the City Manager indicated the City does not have a mechanism for accepting monies in lieu of installation of side- walks. He noted that the statutes must be carefully researched to determine if a mecha- nism can be legally established to accept such payments. Ms. Carol Graybill stated she lives on West Babcock Street between South 11th Ave- nue and South 19th Avenue. She then asked if a special improvement district which in- cludes her property will automatically be created if she does not have her sidewalks in- stalled this summer. The Mayor responded that at the present time, the Commission is attempting to fi- nalize its sidewalk policy, before addressing the recommendations forwarded by the Pedes- trian/Traffic Safety Committee. He assured Ms. Graybill that all property owners being required to install sidewalks will be given an adequate opportunity to install the sidewalk privately before being included in a district. Mrs. Shirley Sedivy stated she represents an ad hoc committee on disabilities in Bozeman. She noted that problems are being incurred with the sidewalks which have been constructed to date, since they have not been constructed in a consistent manner. She cited the sidewalks along Fieldstone Drive, which have roll-over curbs rather than curb cuts, as an example. She stated that once someone in a wheelchair is on that sidewalk, he or she cannot get off before the end of the street. The City Manager indicated that Fieldstone Drive was constructed as a private street; and neither the street nor the sidewalk meet City standards. Mrs. Sedivy then cited the handicapped curb cuts which have been constructed in the downtown area as another problem. She noted that while those curb cuts can be neg- otiated by people in wheelchairs, they can be difficult for the blind since they have not been constructed in a consistent manner. Commissioner Swanson suggested that the design policy should possibly contain a statement which would remind the Commission of the special situations which deserve care- ful consideration. Commissioner Frost asked if there are any City standards for handicapped access. Mrs. Sedivy indicated there are no City standards; however, there are federal specifications. She then stated that she has requested two copies of the newest federal guidel ines, which were recently adopted; and she anticipates receipt of those very soon. She noted that when she receives that Information, she will forward one copy to the City. Mr. Don Scott noted that the most recent legislation sets forth deadlines for provid- ing access to the physically handicapped. Mr. Louis McCarl, 105 East Cottonwood Street, noted it is apparent that the City plans to order in sidewalks; and it is also apparent that many property owners will be un- 09-10-90 . . . '. - 14 - happy with such a determination. He then asked if the private citizens have any recourse to the requirement to install sidewalks other than through the legal system. He stated that in the older part of the community, the lots are long and narrow and were not de- signed to accommodate sidewalks. He further noted that fifty years worth of mistakes probably cannot be resolved with this policy. The City Manager responded that the Commission makes the final determination in where sidewalks are to be installed under this policy and the statutory provisions for side- walk districts. He then indicated that legal recourse may be the only option available un- der that section of the statutes; however, that question must be researched further. Mayor Hawks requested that this item be placed on next week's agenda for further discussion. Break - 5:40 to 5:46 p.m. Mayor Hawks declared a break from 5:40 p.m. to 5: 46 p. m. , in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) A memo from Assistant to the City Manager Ron Brey regarding the garbage assessment resolution, which will be on next week's agenda for action. Commissioner Goehrung noted that the issues listed in this memo have arisen during his discussions with Assistant Brey and Director of Public Services Forbes. He stated that it is apparent that an increase in the base rate is necessary to cover the additional costs of operation; and staff has recommended an $8 increase. He then stated that the current ordinance under which the garbage collection system is operated specifies the method of assessment to be utilized; and that ordinance must be revised before any adjust- ment in the basis for billing may be made. He noted that the Commission may decide un- der the current ordinance to change from an annual bi lIing to a semi-annual billing; how- ever, that is the only change which can be considered at this time. Commissioner Goehrung noted that the resolution of assessment is to be on next week's agenda for provisional adoption, so that the public hearing and final adoption can be completed prior to preparation of the assessment bills. He stated that the Clerk of the Commission has requested direction on how that resolution is to be prepared. The Commissioner then outlined the questions to be answered by the Commission, including whether assessments are to be annual or semi-annual, and whether this resolu- tion is to cover six, nine or twelve months. 09-10-90 . . ,; .. - 15 - Commissioner Goehrung then suggested that the assessments should be for a twelve-month period, as they have been in the past, recognizing the amount of work to be completed prior to changing the method of assessment. He noted that the ordinance to be reviewed and revised is quite comprehensive; and that process could become quite lengthy. He further noted that to change the billing as of July 1, 1991, could provide time for pub- lic education about the new method of assessment; and the transition could be easier. Commissioner Goehrung noted that the new form to be utilized for special assess- ments beginning this year includes both the first half and second half assessments. He noted that only one bill will be sent in October; and the City will then advertise in the newspaper to remind property owners that the second half payments are due in May. He suggested that this method could result in some missed second half payments. He a I so noted that it could create some problems and confusion in making adjustments to the bill- ings. Commissioner Goehrung noted he is the Commissioner who has encouraged a change in the method of billing; and he had hoped to see that change by this billing period. He noted, however, that with the amount of work involved, he would prefer to take the extra time necessary to make sure that it is done correctly. He then expressed concern that retaining the annual or semi-annual billing could reduce the incentive for recycling activi- ties during this fiscal year. Commissioner Swanson asked if monies for the recycling program could be rebudget- ed to hire someone to revise the ordinance. The Director of Public Service responded that several steps must be completed be- fore the method of assessment for garbage collection can be revi sed; and replacing the or- dinance is only one of those. He noted that in July, people generally have a normal gar- bage flow, having completed the initial summertime thrust. He also reminded the Commis- sion that the City has 4,200 garbage collection accounts; and a period of time should be allowed for subscribing under the new billing system. The Director then stated that during discussions with the staff, Commissioner Goehrung suggested expanding the areas of abatement. He suggested that this might be a possibility, noting that in the past, staff has processed approximately 100 requests for abatements; and expanding options for abatement could easily double that number. Commissioner Goehrung noted that it has taken longer to receive the new federal regulations on landfills than he had anticipated; and he is satisfied with not changing the present system until next year because of that. He then noted that under the present an- nual assessment method, the City realizes approximately $15,000 in interest income each yea r. He stated that if the semi-annual method is implemented, that interest income will be substantially reduced. 09-10-90 ~ '. .. ~ - 16 - Mayor Hawks eXprjSed an interest in expanding the aba~t ]tions to include / (I ~ ;1 v ~ ~ ~ o.-AJ C';J" t"'l.--'..-o- 0l-1 ~n incentive for rec1;j:.. He ~sted that the men on the garbage t 'cks could moni- tor those pbes~ ich applications have been filed to determine how many cans are set out each week and whether an abatement is warranted. The City Manager suggested that under such a program, any abatement could be given in June 1991. Mayor Hawks then stated he supports retaining the annual assessment. The Com- missioners then in turn indicated their positions; the consensus was that an annual assess- ment is to be made and an abatement program for recycling is to be established. (2) Letter from Dorothy Eck, 10 West Garfield Street, dated September 7, 1990, regarding the sidewalk policy and proposed program. (3 ) Copy of the notice of vacancies on the Design Review Board, Parking Com- mission, and Recreation and Parks Advisory Board. (4) Copy of the notice for applications to the newly-created Senior Citizen Ad- visory Board. (5) Notice of the Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7:30 a.m. on Thursday, September 13. (6) The City Manager reminded the Commissioners of the seminar being spon- sored by the Chamber of Commerce at 5: 30 p. m. on Wednesday, September 12. He noted reservations were to be submitted to the Chamber office by today. (7) Copies of the resolutions which the MLCT Legislative Committee considered at Friday's meeting. The City Manager noted that the Montana League of Cities and Towns Board of Di- rectors wi II consider the Committee's recommendations; and he anticipates that some of these resolutions may be eliminated prior to the League meeting next week. (8) The City Manager submitted his weekly report as follows. (1) Sta ff is work- ing to prepare a response to the State's request for information regarding the Buttrey's Shopping Center issue by the September 24 deadline. (2) Reminded the Commission of the Interagency Breakfast set for 7:00 a.m. on Wednesday, September 12, at the Baxter. (3) He and Director Forbes met with representatives from DNRC and the Middle Creek Water Users' Association regarding the special permit fees, noting that the negotiated amount is 38 percent of the normal fee charged.. (4) Plans are being finalized for a dinner on Thursday night, September 20, for the Bozeman City Commission and Missoula City Coun- cil. The dinner is to be at 9:00 p.m.; and the place is to be announced later. (5) He is working on a contract with a youth group from one of the churches to paint the poles for the handicapped parking spaces. (9) Commissioner Swanson submitted the following. (1) He will present a draft resolution and by-laws establishing a Bicycle Advisory Board to the Recreation and Parks 09-10-90 ---",.':}'." .'. .- .. .. ~.fI!t - 17 - Advisory Board tomorrow night. He noted that the resolution and by-laws will then be submitted to the Commission at next week's meeting for discussion and at the September 24 meeting for action. (2) Will attend the Idaho Pole Superfund site meeting on Thursday af- ternoon. (3) Will meet with the Perkins Place committee on Friday afternoon. ( 4) Will meet with staff regarding Valley Unit on Friday. (10) Commissioner Goehrung. stated that he will be in Helena on Friday to attend the En vi ronmenta I Qua Iity Counci I meeting, where recommendations will be submitted on proposed legislation regarding solid waste issues. (11) Commissioner Frost submitted the following. (1) Attended the City-County Planning Board last Wednesday night. (2) Met with the Mayor and the Planning Director in preparation for the upcoming meeting on September 19 with the County regarding the master plan. (12 ) Mayor Hawks stated he will give a presentation at the Leadership Bozeman III seminar to be held at Bridger Bowl on Thursday. (13 ) City Attorney Becker stated that on Thursday morning, a State Department of Health and Environmental Sciences staff member will be in Bozeman to review the asbes- tos problems. Responding to questions from the Commission, he indicated that he will let them know if a firm time is established before she arrives on Thursday. Consent Items The City Manager presented to the Commission the following Consent items. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Consent items as submitted, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Com- missioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Adjournment - 6:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be adjourned. 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. -- --~