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HomeMy WebLinkAbout1990-10-09 .. .....~..... .'......... -',- ;'1''', I . 'i'"'i:'"" ~- '. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 9, 1990 ************************ .I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 9, 1990, at 3: 30 p.m. Present were Mayor Hawks, Commissioner Goehrung (absent from 4: 00 to 5: 55 p. m.), 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - September 17 and October 1, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meetings of September 17 and October 1, 1990, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Decision - Commission Resolution No. 2810 - levying and assessing assessments for garbage collection for Fiscal Year 1991 City Manager Wysocki presented Commission Resolution No. 2a10, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2al0 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTEO, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commissioners that they had conducted the public hearing on this resolution at last week's meeting, and deferred the decision to this time. He then submitted to the Commission a proposed timeline for implementation of a volume- based method of assessment, which would become effective on July 1, 1991 . He briefly highlighted the process and timeframe proposed, noting that it is to begin on October 14, with a questionnaire to be sent to a list of people selected at random, who will serve as a control group for comparing responses from the entire community. He noted that two pub- lic hearings are scheduled during this process, one of which is mandated by the State statutes. The City Manager then noted that Commissioner Goehrung met with staff last ~! 10-09-90 ..~~ 1, .j , , t ,~ .., , - 2 - week to review this timeline. Commissioner Goehrung stated that staff has indicated it would be possible to credit a portion of this assessment to each account if the Commission completes the process to im- plement a volume-based method of assessment prior to July 1. He noted that the proposed schedule does contain two public hearings, only one of which is mandated; however, he would advocate that a third public hearing be held early in the process to determine in what direction the program should proceed. Commissioner Goehrung then noted that extreme care must be taken in preparation of the questionnaire, to ensure that the City receives the type of responses that will pro- vide the desired information and establish an apparent direction for the program. Responding to Commissioner Swanson, Commissioner Goehrung indicated that staff has drafted several questions, and will hopefully finalize them later this week. He noted that the October 14 date for beginning the survey process should be relatively accurate. Commissioner Goehrung noted that the proposed timeline is realistic and sets forth the City's intent. He cautioned it is now up to the Commissioners and the staff to make sure that the schedule is followed. Mayor Hawks noted that the resolution provides for a rebate to persons who gener- ate only one can of garbage per week, after filing an application with the City. He noted, however, that over three months of the assessment period have elapsed with no monitoring of the amount of garbage being set out. He then asked if the rebate is to be given for the entire year, based on the assumption that people have been using only one can or have, Indeed, changed their habits. Following a brief discussion, the Commissioners concurred that the rebate should be retroactive to July 1, and effective for the entire fiscal year, recognizing that the situa- tion has not been monitored to date. The City Manager noted that the resolution has been prepared anticipating a full assessment year, from July 1, 1990 through June 30, 1991. He suggested a slight adjust- ment in the resolution to allow for a shorter assessment period might be appropriate. Responding to questions from the Commission, the Director of Public Service stated that staff does have an inventory of use from one specific point in time; however, monitor- ing for the fiscal year to date has not been done. He noted that since the purpose of this change in assessment method is to get people to change their habits, he has no problem with approving the proposed abatement for the entire fiscal year. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Commission Resolution No. 2810, levying and assessing assess- ments for garbage collection for Fiscal Year 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- 10-09-90 T {. ... ii. .. " i ~ '\ - 3 - sioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Worksho - (a) The City Manager submitted to the Commission letters from the Inter-Faith Re- cycling Effort and the Bozeman Community Recycling Coalition requesting City funding support for their attendance at the solid waste workshop. Commissioner Goehrung submitted to the Commission a letter from the Human Re- source Development Council, dated October 2, 1990, offering to sponsor two people to at- tend the workshop, including registration and reasonable transportation costs. Mr. Tim Paulick, Inter-Faith Recycling Effort, stated they are beginning to collect plastic milk containers; and he will travel to Billings as necessary to deposit them, since the Bozeman Recycl ing Center is not yet accepting them. He noted this will hopefully cre- ate an awareness locally; and possibly encourage the Bozeman Recycling Center to begin accepting plastic milk containers and pop bottles. Mr. Paulick stated his group has received the agenda for the Mountain/Plains States Solid Waste Training Workshop, which is to be held in Billings on October 30 and in Missoula on November 1. He indicated that members of the group wish to attend, and re- quested that the City provide funding so that two of them, along with two members of the Bozeman Recycling Coalition, may attend and represent the City. He stated this funding request would include registration, transportation and recording devices. He indicated that those representatives would then report back to the Commission in November. Mrs. Mary Wagner, Inter-Faith Recycling Effort, suggested that an ad hoc commit- tee be formed, including Members of the two existing groups, representatives of the pri- vate recycling business and other interested citizens, to do the legwork which needs to be done before an effective and successful recycling program can be undertaken. She sug- gested that at next week's meeting, the Commission could possibly prepare an outline of how this process would work; and members of the two organized recycling groups could be present for discussion. Mr. Rick Meese, Bozeman Community Recycling Coalition, stated that group has been conducting a trial recycling program in a 17-block area bounded by North 5th Ave- nue, North Tracy Avenue, West Peach Street and West Lamme Street. He noted that pick- up of recyclables has been conducted every other week since July 24, and the last scheduled pickup will be in two weeks. He stated that when that area was canvassed, 75 percent of those contacted, which was approximately 50 percent of the residents, stated support for some type of citY-Wide recycling program. He stated that the volunteer group has collected and taken over 2i tons of recyclables to the recycling centers under this 10-09-90 -- (~ . I' , . ~.. ~ ~ i.. - 4 - program. Mr. Meese stated it is the Coalition's desire to conduct a trial program in another section of the community, and requested City cooperation in that effort. He stated that the City's failure to implement a recycling program is of concern to the Coalition; and they feel that City support for their program is essential for its success. He suggested this could be accomplished by the City stressing the importance of reducing the amount of wastes dumped in the landfill, rather than stressing the need for a new landfill. He fur- ther suggested that the City set an example by using recycled products whenever possi- ble. He stated the Coalition would like to help the City with its public education program as wel/ as development of a recycling program. Mr. Rick Meese then requested City funding to send members of the Bozeman Com- munity Recycling Coalition to the Mountain/Plains States Solid Waste Training Workshop, which is to be held in Billings on October 30 and in Missoula on November 1. He stated that three members have stated their desire to go; and a fourth member would also like to attend if time off from work can be arranged. He stated that the Coalition's request is for the City to pay for registration as well as transportation to the workshop for those mem- bers wishing to attend. He noted that this will aI/ow the Coalition to better assist the City in developing a successful program. Mr. Meese then stated that the Coalition also supports the proposal submitted by the Inter-Faith Recycling Effort to create an ad hoc committee, noting that such a commit- tee will create a broader base of support and advocacy. Mrs. Mary Wagner stated an interest in establishing a direct line of communication between the organized recycling groups and the City, noting that would enable each group to know what the other is doing. Commissioner Goehrung left the meeting at 4:00 p.m. Commissioner Swanson suggested that a small steering committee be formed to de- velop a proposal for membership of the committee as wel/ as a timeline for their activities. He suggested that Commissioner Goehrung should be involved in that committee, possibly providing its leadership. He noted those recommendations could then be forwarded to the Commission for action. Mayor Hawks concurred in that suggestion, noting that the role of the ad hoc com- mittee should also be defined. Mr. Rick Meese asked if any Commissioners or staff members plan to attend the workshop in Billings on October 30; the Mayor responded the Commission will discuss that item later. Mrs. Wagner stated the Coalition approached the I nter-Faith Recycling Effort about the possibility of establishing a pilot recycling program in Figgins Addition. She noted it 10-09-90 . .~ . '",' . ;' ., ' '\ i. - 5 - was her suggestion that the leadership and work force be provided by that subdivision it- self, which could possibly generate more community spirit and support for the recycling effort. Mr. Bob Fagl iano, Waste Management Partners of Bozeman, stated support for creat- ing an ad hoc committee, volunteering the services of himself or one of his staff members on that committee. He also offered the company's financial support to send at least two representatives from the local recycling groups to Billings to attend the workShOp on Octo- ber 30. Mayor Hawks referred to the letter from HRDC which offers to provide financial support for two people from the Coalition to travel to Billings for the workshop, noting that Commissioner Goehrung had left the meeting due to a class scheduling confl ict at the University. Commissioner Swanson questioned whether it is necessary for the City to provide funding for any members of these two groups to attend the workshop, since four regis- trations and transportation are being provided by the private sector. He then suggested that if the conference were taped, either with audio or video tape, it could be brought back and reviewed by many people. He also noted that would ensure that no important points are missed. The City Manager stated that Oirector of Public Service Forbes plans to have at least one staff member present at the workshop. He then cautioned the Commission that those members of the public who are seeking City funding to attend this solid waste work- shop do not have any standing with the City. Mayor Hawks noted that Waste Management Partners and HRDC have each indicated they will fund two to attend the conference, suggesting that the City could agree to fund two as well. The City Manager then suggested that if a number of people are attending from dif- ferent groups, they shou Id possibly be required to carpool, rather than transportation costs being funded for each person. He then asked if the Commission wishes to cover the costs of lunch, or if those attending are on their own. Commissioner Knapp stated she feels lunch should be on their own; the Commission- ers concurred. Mayor Hawks noted the steering committee could submit recommendations and guide- lines for the ad hoc committee. He suggested the committee should include members from the two official recycling groups as well as a Commissioner and a staff member. Mr. Fagliano noted that at the Montana League of Cities and Towns Convention, one of the participants on the solid waste management panel suggested that if a City provides official sanctioning for volunteer recycling groups, they tend to receive greater support 10-09-90 - ,a1.... .. . ; , ~. II. , ' - 6 - from the community. He then suggested that could be beneficial locally. The Mayor noted that is one Issue that could be considered in further review of this item at next week's meeting. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize City funding for registration fees for one member of the Inter-Faith Recycling Effort and one member of the Bozeman Community Recycling Coalition to attend the Mountain/Plains States Solid Waste Training Workshop, and the standard mileage rate for one driver, with those members to submit a report back to the Commission. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. Presentation to Mayor from Guillermo Avora, Argentine foreign exchange student Mr. Guillermo Avora, a senior high school exchange student from Argentina, in- troduced himself to the Commissioners. He then presented to Mayor Hawks a gift from the Mayor of Rafaela, Argentina, his home town. The gift included a leather seal of the com- munity, a record and two books. Mayor Hawks graciously accepted the gifts and gave to Mr. Avora a certificate and bitterroot pin to take back to his Mayor. He also gave Mr. Avora a bitterroot pin. Mr. Guillermo Avora thanked Mayor Hawks for his gifts. Re uest for of the interim zonin ordinance - The City Manager submitted to the Commission a memo from the Planning staff dated October 3, 1990, along with a memo from Jennifer Mitchell dated October 5, 1990. Commissioner Swanson stated he has a potential conflict of interest; therefore, he will not vote on this agenda item. Planning Director Andy Epple presented the staff report. He stated the subject structure is presently located at 51a-520 East Mendenhall Street; and the appl icant pro- poses to move that two-story, four-plex structure to 511 East Mendenhall Street. The Planning Director indicated that Section la.42.0aO of the interim zoning ordinance allows an applicant to seek a deviation based on the historic characteristics of a structure; and that is the basis upon which this application was filed. He noted the two deviations sought are from Section la.50.120.F., to allow the applicant to provide five off-street parking spaces rather than the required nine spaces; and from Section la.50.120.B.6. , to waive the paving requirements for the off-street parking area. The Planning Oirector stated that access to the off-street parking spaces will be from the alley. 10-09-90 - - . , . . . . . .. . . - 7 - Planning Oirector Epple stated that following its review of this application and con- sideration of the Design Review Committee's stated intention to recommend denial, those members of the Oesign Review Board present voted unanimously for approval. Commissioner Frost stated he attended the Design Review Board meeting at which this item was acted upon. He noted that the ORC recommendation to require paving of the off-street parking area and the alley extending west. from the east boundary of the site to North Church Avenue was discussed. He stated the rationale behind this recommendation was to avoid another "Perkins Place" situation; however, he stated he feels many differ- ences exist. He noted that this subject al/ey is only one block long rather than four; and only one garage presently used faces the alley. He further noted there is no parking along the alley. The Commissioner then noted that one of the recommendations from the Design Review Board is that a waiver of protest for creation of a special improvement dis- trict for alley improvements should be required from the applicant to cover any future needs for that alley. Commissioner Frost stated that brush and trees on the property to the west of this site encroach in the alley; and those encroachments should be addressed so that the full 16-foot width of the alley is usable. Commissioner Knapp suggested that the Commission consider designating the alley as a one-way alley running from west to east. She noted that this would cause aI/ of the traffic to exit onto North Wal/ace Avenue, rather than onto North Church Avenue next to the Hawthorne School. Mrs. Jennifer Mitchell, applicant, stated the appl ication is self-explanatory. She noted her biggest problems now are time and weather. She stated that she is operating on a shoestring budget; and it is important to get the structure relocated soon because Unit- ed Building Center, the owner of the structure and site, plans to demolish the building. She noted that the DRC intends to recommend that the alley and parking area be paved; and she cannot afford those expenses. Mrs. Mitchell stated it is imperative that she receive an answer today; and she can- not afford any delays due to appeals or applications for deviations. She then stated that she has tried to follow the guidelines of the new zone code; however, she has found the process very difficult to follow, discouraging and frustrating. Planning Director Andy Epple stated that the Development Review Committee has thoroughly reviewed this appl ication and made its intentions clear; however, they have de- ferred final action until after the Commission takes its action on these requested de- viations. Mr. Bill Mitchel/ asked for an explanation of the waiver of protest for the creation 10-09-90 . , . , ; ; : It. \ . - a - of a special improvement district; the City Attorney provided an explanation. Planning Director Epple asked for Commission input on the removal of vegetation which currently encroaches into the alley. Mayor Hawks suggested this item could be addressed through enforcement of exist- ing regulations. The Commissioners concurred that the full 16-foot al/ey width is necessary. They further concurred that removal of the existing encroachments should be the responsibility of the property owners. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the request submitted by Jennifer Mitchell to allow relocation of a four-plex to 511 East Mendenhall Street, subject to deviations to Sections la.50.120.F. and la.50.120.B.6 of the interim zoning ordinance to aI/ow for a five-space unpaved parking lot; and further recommend that the applicant be required to sign a waiver of protest for the creation of a special improvement district for alley improvements, and that a one-way designation from west to east be considered for the alley. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. Commissioner Swanson abstained. Ordinance No. 1319 - amending Sections 2.28.030 and 2 .2a. 040 of the Bozeman Municipal Code re qualifications for City Judge and salary therefor City Manager Wysocki presented to the Ordinance No. 1319, as prepared by the City Attorney, entitled: ORDINANCE NO. 1319 AN OROINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1130, AS CODIFIED IN SECTION 2.28.030 OF THE BOZEMAN MUNICIPAL CODE, CHANCI NG THE QUAlI FICA TIONS FOR CITY JUDGE, AND AS CODIFIED IN SECTION 2.28.040 OF THE BOZEMAN MUNICIPAL COOE, AMENOING THE CITY JUDGE'S SALARY. The City Manager noted that a copy of Judge Frost's letter of resignation, effective November 2, 1990, is attached to this ordinance. He then recommended that since a change in judge is occurring at this time, it would be appropriate to make the proposed changes in the ordinance. City Attorney Becker highlighted the changes as proposed. He noted that recent changes in the State statutes provide that the City Court and the Justice of the Peace Court have concurrent jurisdictions; however, the qualifications are substantially different because of the City's current ordinance. He noted that a J P must be la yea rs old and a registered voter in Gal/atin County, and must go through a certification process after being elected. He noted that at the present time, the City Judge must be a resident of Bozeman for at least one year and must be admitted to practice law in the State of Montana 10-09-90 . 'I . : - 9 - for at least two calendar years prior to filing for election. The City Attorney stated that under the proposed revisions, the City Judge must be a resident of Gal/atin County and must either be an attorney at law admitted to practice law in Montana for a period of two years, or be a person who has been elected to serve as a judge and has at least five years judicial experience. City Attorney Becker then reviewed the salary section of the ordinance. He noted that at the present time. the City Judge receives a specified annual salary, whether he has been on the bench on a regular basis or not. He stated that under these revisions, the City Judge will be given eight days of paid vacation. Also, a daily rate of compen- sation will be computed, based on the annual salary established by ordinance; and that daily rate will be paid for aI/ days the Judge presides over court, attends required train- ing sessions, or is on approved vacation leave. Responding to questions from Mayor Hawks, the City Attorney stated that the City Judge is a finder of fact, after listening to the arguments forwarded by the prosecution and the defender. He noted that, even though an attorney may not have been involved in a criminal case in his career, he has taken required classes which provide the theory and basic concepts which are used when serving as a judge. The City Attorney further noted that the City Court is a court of extremely limited jurisdiction; therefore, no heavy Con- stitutional issues are encountered. The City Attorney then stated that aI/ judges in the State are mandated by law to attend training sessions every year. He noted that this requirement applies to those judges who are attorneys. The City Manager stated that the next training session is scheduled for November 12-16. He stated that it will be necessary to seek applications for this position, since the City Commission must appoint a City Judge until the next municipal election; and one of the stipulations will be that the successful applicant must attend this training session. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission provisionally adopt Ordinance No. 1319, amending the qualifications for City Judge and the salary therefor, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost. Commissioner Swanson. Commissioner Knapp and Mayor Hawks; those voting No, none. City Manager Wysocki requested that the Commission direct the Clerk of the Com- mission to advertise for applications for the City Judge position, with the deadline for ap- plications to be set for October 24. He noted this will allow the Commission approximately two weeks to review the applications and conduct necessary background checks prior to appointment. 10-09-90 ~_.._-~.~- . . , " .~. ~ ~~ t - 10 - The City Attorney stated that the City has qualified substitute judges who can serve unti I the new judge can be seated. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission direct the Clerk of the Commission to advertise for applications for City Judge, based on the qualifications of the ordinance as provisionally adopted, with the deadline for applications to be set for October 24, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commission- er Frost and Mayor Hawks; those voting No, none. Discussion - criteria for consideration of entr wa corridor a I ications - Bridger ouse corn or The City Manager stated the Commission had requested this item be placed on the agenda. Commissioner Swanson carefully reviewed the intersection of Bridger Drive and Griffin Drive with North Rouse Avenue, noting that his physical viewing of the area ex- tended from the corner of East Main Street and North Rouse Avenue to the slide area ap- proximately five miles east of the subject intersection and a short distance west on Griffin Drive. The Commissioner noted that when approaching the intersection headed east on Griffin Drive, one must make a decision on which way to turn approximately 100 to 200 feet before the intersection due to its configuration. He noted that because of the mature cottonwood trees on the left, the businesses along Bridger Orive are screened from view until after the driver's decision has been made, making bogus any arguments for attracting traffic. Commissioner Swanson stated that North Rouse Avenue is basically a residential area with mature vegetation, including large trees. The open areas along the street provide beautiful views of the Story Hills, the Bridgers and Bridger Foothills. The State Highway Department buildings and the City Shops are in dire need of improvement, since they are one of the biggest eyesores along this entryway corridor. The industrial and commercial areas one encounters as traveling north are generally acceptable; and glimpses of the mountains are still seen. Commissioner Swanson then covered the view as one travels west and south along Bridger Drive. He noted that a well-maintained residential area with mature vegetation is the first development encountered, with views of the Gravelly Mountains, Story Hills and the Bridger Foothills providing a nice backdrop. The Commissioner stated the first im- pression is that this area begs to be uncluttered, noting it is probably the most sensitive entryway to the community. Commissioner Swanson then stated that, because of the settings he has just de- 10-09-90 . , " " . , . - 11 - scribed, he would not support any deviation which includes any additional signs along the corridor. He indicated that deviations in sign height of 25 to 50 percent could possibly be appropriate; and deviations in size that would increase the square footage by 25 to 50 per- cent might be acceptable; however, he feels that no deviations to the number of signs would be tolerable. He further noted that any deviations to the sign height and size would require significant excellence in design. Commissioner Frost stated complete support for Commissioner Swanson's analysis of this entryway corridor. He suggested that heavy landscaping for the light manufacturing areas would be appropriate. He also suggested that commercial district should be screened and the parking lots should be located behind the structures if possible. The Commission- er then stated that he could support a sign height of 12 to 15 feet if the appropriate de- signing and landscaping was provided. Commissioner Frost stated that Instal/ation of sidewalks along North Rouse Avenue to Griffin Drive and provision of a bike path would be beneficial. He also suggested that a park development along Bozeman Creek as it paral/els North Rouse Avenue would be at- tractive. Commissioner Knapp reviewed the general statement and concept under which she will consider all entryway overlay corridors, as follows: "Always think of Bozeman as a vital, productive community where intelligent, hard-working people have chosen to live, work and raise families. It is a western town with a vivid history that architecturally has been influenced by the prairies to the east more than the mountains and deserts to the south and west. This is what we are because of what we have been. We have vi- tality because we are diverse. Please let us not design ourselves into some- thing we are not and probably don't want to be. We want to look good be- cause we are good. . . not cute, not charming, not standardized, but just good, clean and Rocky Mountain Western." Commissioner Knapp then stated support and appreciation for Commissioner Swanson's review of the background, noting it is important to maintain the scenic view of the Bridgers. She noted that signage must be compatible with the existing residential areas as wel/ as the existing commercial development; and the historic features of the area must be careful/y preserved. She stated it is important to avoid strip development in this area. Mayor Hawks concurred that overall the corridor has a residential character and scale; and it is important to maintain that scale. He suggested that signs could be up to 12 to 15 feet tall, with the taller signs being located further from the street. He noted that the signs must be unobtrusive and must be carefully integrated into the site through appropriate design and landscaping. The Mayor stated that one overwhelming negative is the weeds and lack of mainte- nance that exist along the corridor, noting that the frontages along the mini-warehouses and Weissman's reflect how the corridor could look. He noted that as one approaches East 10-09-90 " . , '. . I ' , . - 12 - Main Street along North Rouse Avenue, one encounters much larger, harder-looking struc- tures with no landscaping or vegetation. He suggested that with a minimum amount of ef- fort and the planting of some vegetation, the appearance of those structures, including the City Hall Complex, could be dramatically softened. Mayor Hawks noted that it Is important to maintain the glimpses and open vistas for viewing of the mountain ranges, stating that any visual obstructions would be offensive. The Mayor also stated that the heavy on-street parking along North Rouse Avenue visually narrows the roadway. He suggested that some long-term parking limitations should possibly be considered to provide a more open, inviting entryway. The City Manager noted that Bridger Canyon zoning district is active and has very stringent regulations, which have created that visually pleasing area. He then suggested that to provide an extension of that appearance to the Bridger/ Rouse/Griffin intersection would be desirable. The City Manager then suggested that providing some type of linear park access from the intersection to the East Gallatin Recreation Park could further enhance that area. Commissioner Swanson noted these comments provide rough guidelines for the De- sign Review Board to fol/ow in considering applications for deviations along this entryway overlay corridor. He then asked when those affected by these guidelines will be given an opportunity to provide input. Mayor Hawks noted that these guidelines are being generated as an interim mea- sure. He noted that when the final guidelines are developed, a public hearing will be held, but none has been scheduled on these interim guidelines. Commissioner Swanson expressed concern about the fact that it might take two years to develop and implement the fina'/ design guidelines. Planning Director Epple asked if Mr. Coyle's project is to be brought back for re- consideration under these new guidelines. The Mayor indicated the Commission will not consider it at this time; however, he indicated that to have the Design Review Boa rd reconsider the application after these guidelines have been finalized would be appropriate. Mayor Hawks suggested that the Commissioners take a tour of all of the entryway corridors prior to developing guidelines for any of the remaining corridors. The Commissioners concurred, deciding to conduct such a tour on Sunday after- noon. The Commission then set East Main Street as the next entryway corridor to be ad- dressed. 10-09-90 . . -, ...... .' . \ 1, .. - 13 - Discussion - setting of Commission meeting schedule around holidays City Manager Wysocki reminded the Commissioners that they had received a memo listing the holidays for the remainder of the calendar year in last week's packet. Clerk of the Commission Sullivan reviewed that schedule, as follows: Tuesday, November 6 Election Day Monday. November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Heritage Day Tuesday, Oecember 25 Christmas Day Tuesday, January 1, 1991 New Year's Day The Clerk noted that the November 12 holiday will impact the Commission meeting schedule, causing that meeting to be held on Tuesday. She noted that, since Christmas and New Year's fal/ on Tuesday, the regularly scheduled Commission meetings will fall on "the Eves." She then asked the Commission to make a conscious decision if they wish to hold those meetings. The Commission discussed the possibility of conducting their meetings at 1 :30 p.m. on December 24 and 31. City Manager Wysocki suggested that one of those meetings could be eliminated. The Commissioners concurred; and eliminated the Oecember 24 meeting and scheduled the Oecember 31 meeting for 1 :30 p.m. The Clerk of the Commission indicated that she will prepare advertisements for these meeting changes and place them on the consent agenda for formal action prior to those dates. Discussion - formation of Commission's round table The City Manager stated that Mayor Hawks had requested this item be placed on the agenda. Mayor Hawks stated the purpose of creating a "Commission's round table" is to pro- vide a broader based communication system with the Legislature. He noted this is in re- sponse to the comments submitted by Mayor Dan Kemmis at the League meeting, where he indicated that the Legislature often views local government as another special interest group. He noted that Mr. Kemmis indicated that the legislators will more often listen if they receive letters and telephone calls from key individuals in the community in support of legislation being proposed by a local government entity. The Mayor suggested that a group of 24 people be selected to serve as the "Com- mission's round table. II He noted that it is difficult to have everyone in attendance; and this number would provide for a well-rounded representation of the various facets of the community. He stated that the setting for those meetings is important and should be care- fully considered. 10-09-90 '. ~---"--_.._._----~" --~- ~--~--,~------_._,_._- . .. _" .-to ~ , . ' -.. . - 14 - Commissioner Knapp stated she feels that creating a round table is important. She stated that not only community leaders, but a broad spectrum of people, should be includ- ed; and it doesn't always need to include the same people. Commissioner Swanson noted that effective lobbying in this legislative session is one of the Commission's top goals; and he feels this is one way to work toward that goal. He then asked if this proposal Is in response to the upcoming legislative session or if it is to be an ongoing item. The Mayor responded that the timing is directly related to the upcoming legislative session; however, he feels it is important to maintain the "Commission's round table" on a year round basis to discuss any items of importance. City Manager Wysocki suggested that a schedule including four meetings between now and the legislative session could create an effective core group. He suggested that they could be set up as follows: (1) meeting to review the legislative slate approved dur- ing the Montana League of Cities and Towns convention as well as legislative topics of in- terest to Bozeman; (2) meeting with the successful candidates immediately following the No- vember 6 election; (3) meeting with key individuals within the Legislature and the political parties to review what the City wishes to accompl ish and why; and (4) meeting with the Chamber of Commerce Legislative Committee to determine in what areas they may be able to provide support. He noted the first meeting could be held around the end of October, the second could be held between November 10 and 15, and the remaining two meetings could be scheduled before the end of the year. The Commission concurred with that concept, setting the first meeting for 5: 30 to 7:00 p.m. on Tuesday, October 30, in the Commission Room. They further agreed to sub- mit at least five names to the Clerk by Thursday at 5: 00 p.m. for consideration at next week's meeting. Recess - 5:55 p.m. Mayor Hawks declared a recess at 5:55 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled work session and completing the routine business items. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled work session and completing the routine business items. Work session with Recreation and Parks Advisory Board The City Manager stated that Commissioner Knapp had requested this item be placed 10-09-90 " """..... . . , . . " . - 15 - on the agenda. Commissioner Knapp stated she had requested this agenda item to discuss adminis- tration of what is currently referred to as the "Lindley Park Recreation Center. II She noted that the City has just completed the very difficult procedure of breaking the lease with the United Commercial Travelers for this building. after a lengthy negotiation process did not result in the desired conclusion. She stated that since that time, she has been approached on numerous occasions by persons who are unhappy with that decision. She noted that much concern has been expressed about whether those who have traditionally used the building will be allowed to continue using it. Commissioner Knapp stated it is imperative that the City be extremely sensitive to the traditional users in scheduling use of the facility, not limiting use of the building to recreational purposes and users. She noted that a broad spectrum of citizens has utilized the facility for the past few years, for a variety of reasons and activities; and it is impor- tant that the City continue to provide this service. The Recreation and Parks Advisory Board entered into its agenda for this meeting, as follows. Ms. Amanda Cater, Chairman of the Parks, Open Space and Trails Committee, re- viewed the status of their project. She showed the Commission the map which they have developed to date, noting it is their goal to provide a linear park system between all of the parks in the community. She noted they also wish to provide a series of looped trails throughout the community, so people can maneuver in small circles or across the community on a trail/park system, as well as providing a variety of park uses and facilities. Ms. Cater stated the committee's next meeting wil/ be devoted to preparing a job description and the type of tasks that a consultant is to complete in conjunction with this program. She noted that a portion of the $5,000 which the City has budgeted for this plan will be utilized to cover those costs. She stated the committee will also send letters to all of the recreational user groups, asking each of them to designate a liaison to assist in finalization of the plan. She noted that when the final document comes to public hear- ing, which should be in May, a substantial support group will be in place. The Recreation and Parks Board then addressed its next agenda item, which per- tained to scheduling use of the old UCT Building, the proposed rules, the proposed fee schedule. and proposed renaming of the facility. The Recreation Division staff personnel did a skit to show how the building rental process is to work. The Commission then addressed the Board's recommendation to change the name to llLindley Park Recreation Center." Mayor Hawks asked if a name with historic significance should be used. rather than the proposed name. 10-09-90 - ~.c . " " 011. ... ~ , . . '~ . - 16 - Ms. Joanne Jennings responded that the structure was original/y the club house for the Elk's golf course. Park Superintendent John McNeil concurred, noting the name of the bui Iding has historically been the "Old Elk's Country Club." Other names for the facility have included IIMoose Lodge" and IIUCT Building." Mr. Steve Weil, Chairman, stated that the Board tried to develop a name which does not identify the building with anyone group that has utilized it in the past, to avoid po- tential confusion. Mayor Hawks suggested that the name "Lindley Center" is one that could become easily recognized; and it would better adapt itself to signage. Mr. Steve Wei I then raised the proposed fee schedule, noting that the park reser- vation fee schedule and waiver of the open container fees have been utilized as the basis for this fee schedule. He briefly reviewed the fee schedule, stating that one major change has been made from the fee schedule which the United Commercial Travelers utilized. He noted the UCT policy was to reserve the building for a 24-hour period at a cost of $100. He stated that under this reservation schedule, the building may be reserved for less than 3 hours, 3 to 6 hours, or 7-plus hours. He noted that the rental fees are decreased ac- cordingly, with the maximum fee being $75 plus the fee for waiver of the open container ordinance if requested. Mr. Weil stated that under this proposed system, more than one group may use the faCility in a day if scheduling allows. Responding to questions from the Commission, Recreation Superintendent Sue Harkin stated that staff is prepared to inspect the building at any time of the day or night to en- sure the facility is ready for the next group. She also indicated that a minimum of one hour will be allowed between bookings to ensure adequate time to clean the building for the next group; and if schedulings become tight, a staff person will be present to monitor the situation. She stated that any materials for on-going activities in the building, such as the private school and the after-school program, will be locked up in specific areas of the building, so it looks open and uncluttered to anyone renting the facility. Commissioner Knapp asked if a list of people willing to clean the building will be available for groups who are unable to clean it themselves or who don't have the time; the Recreation Superintendent indicated that staff is presently compiling such a list. The Recreation Superintendent then highlighted the status of improvements to the building, noting that it should be ready for use on October 15. She indicated that this winter, the restrooms will be available to cross-country skiiers, who may use the west door to gain direct access. Commissioner Swanson suggested a grand opening would be nice; the Recreation 10-09-90 . ., .It +ip.. , . ; , . - 17 - Superintendent stated she will plan such an event. The Board then addressed the proposed rules, noting that they are based on those for the public parks. The issue of sale of goods and alcoholic beverages was addressed. Following discussion, the Commission and the Board concurred that sale of both goods and alcoholic beverages should not be allowed; however, those issues should be addressed in two separate rules rather than combined. City Manager Wysocki reminded the Commission that the UCT allowed several groups to use the facility without charge. He stated the City proposes to honor those arrange- ments this first year, but charge after that. He noted that this policy will not apply to Reach or the Boy Scouts and Girl Scouts, limiting the number of times per year that the facility may be utilized at no cost. Commissioner Swanson suggested that letters be sent to aI/ residents within a cer- tain distance of the facility, asking for their concerns and attempting to address those is- sues. He noted that such a step could help to reI ieve some of the anxiety that seems to exist due to this change in management of the facility. The City Manager noted that Zac Zakovi has donated a substantial amount of his time to coordinate the improvements to the building and ensure they are accomplished properly, encouraging the Commissioner$ to thank him for his work. The Commissioners basical/y concurred with the rules and fee schedule as proposed; however, no official action was taken since this is a work session only. Ms. Joanne Jennings raised the issue of the East Gal/atin Recreation Area, noting the task force is concerned that negotiations on responsibility for maintenance are not pro- gressing. Following a brief discussion, the Commission set 7: 00 p. m. on Monday, October 29, as the time to meet with representatives from the Oepartment of Fish, Wildlife and Parks to discuss this issue. Chairman Weil raised the question of whether aI/ user groups are being treated fair- ly and equally. He also addressed the issue of user agreements. Commissioner Goehrung stated that if there is a discrepancy in the way user groups are treated, the issue should be reviewed. The Commission thanked the Recreation and Parks Advisory Board for attending this work session. Break - a:25 to a:30 p.m. Mayor Hawks declared a break from a:25 p.m. to a:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 10-09-90 r -,. ..~, " ~ . .- - la - Appointment of subcommittee to review Pledged Securities as of September 30, 1990 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State statute. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that Commissioner Knapp and Commissioner Goehrung be appointed to review the pledged secu- rities as of September 30, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Discussion - FY I Items The City Manager presented to the Commission the following "For Your Information" item s . (1 ) Letter from Margaret T. and H. Clare Cousins, 1201 Highland Bou leva rd , dated September 30, 1990, stating disapproval of the City's requiring installation of side- walks along Highland Boulevard. (2 ) Memo from Building Official Janz comparing the building activity in Billings with Bozeman IS activity during August. (3) Copy of the notice published in the newspaper announcing today's Commis- sion meeting. (4) Copy of the notice of vacancies on the CDBG Loan Review Committee and the Transportation Coordinating Committee. (5) Copy of the notice of vacancies on the newly-created Bozeman Area Bicycle Advisory Board. (6) Letter from the Gal/atin County Commission inviting City officials to attend the Oistrict MACo meeting being held at the County Courthouse tomorrow. The City Manager suggested that it may be beneficial to attend the afternoon ses- sion if possible. (7) Agenda for the Board of Adjustment meeting scheduled for 1:30 p.m. on Thursday, October 11, in the Commission Room. (8) Petition signed by many of the residents of Hillcrest Retirement Home stating opposition to the proposal to construct sidewalks along Highland Boulevard. (9) I nvitation from the Bozeman Area Chamber of Commerce to attend the forum for the "Montana University System on the Road for Higher Education," scheduled to be held in the Strand Union Ballrooms at 7:30 a.m. on Monday, October 15. (10) Announcement of the Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7: 30 a. m. on Thursday, October la. at the Baxter Hotel. (11) Distributed photocopies of pictures of a rig which the City crews have built 10-09-90 . '. , - .. .' . " - 19 - for the back of the garbage truck that is being utilized for the compost program. The City Manager noted that this truck holds the equivalent of 15 dump truck loads of leaves, dramatically reducing the number of trips to the landfill. The City Manager then distributed copies of a memo from Street/Sanitation Superin- tendent Sicz to Director of Public Service Forbes indicating that the leaf sweeper he viewed in Kalispell was not as effective as anticipated. (12 ) The City Manager submitted his weekly report as follows. (1) Staff worked on the timeline for garbage collection assessment revisions, submitted earlier in this meet- ing, and met with Commissioner Goehrung to review that timeline. (2) Tree trimming pro- posals are being reviewed. It is anticipated that a local firm will be selected for this first year's program. (3) Improvements are being made to the UCT Building, as noted during the work session conducted earlier in this evening session. (4) Staff worked during the past week to prepare the ordinance changing the qualifications and salary for the City Judge, as acted on this afternoon. (5) Reminded the Commission of the public hearing on the master plan, which is scheduled for 7 :00 p.m on Monday, October 22. (6) Two firms have been interviewed for the solid waste management study; and staff will try to develop a recommendation in the next week. (7) Staff has opened bids for Phase III of the Lyman Cree k Water Improvements, and is currently reviewing those bids. A recommendation should be forthcoming for action in the next week. (8) The City has rented a tree plant- ing truck to relocate trees from the nursery by the Cemetery to the area near the water tank and to Jarrett Park. (13 ) Commissioner Swanson submitted the following. (1) He noted that the min- utes from the Library Board of Trustees meeting reveal that the County contribution is $7, aoo more than originally anticipated, and asked if the City should consider any adjust- ments. The City Manager responded that the City must maintain its level of support, rather than adjusting its funding in relationship to other sources. (2) Asked if anyone will be attending the meeting in Butte regarding highways of national significance. The City Manager stated that the Oirector of, Public Service will attend. (3) Stated that Assis- tant to the City Manager Ron Brey has prepared a very good letter seeking input from property owners along Perkins Place regarding short-term and long-term solutions. After this input has been received and tabulated, the committee will meet again. He noted that the committee should be prepared to submit a final report to the Commission in a relatively short period of time. (4) Indicated he wiJI be attending the forum at MSU on Monday, Oc- tober 15. (14 ) Commissioner Knapp submitted the following. (1) Attended the Library Board meeting on Friday, which was a joint meeting with representatives from the Founda- tion, the Centennia I Committee and the Friends. She highlighted the various activities currently underway, including several funding efforts. (2) Reminded the Commission that 10-09-90 ,"' '.~ {. .- .- .,t - 20 - she will be attending the regional pre-conference meeting in Helena on Monday, so she will not be present at the Commission meeting. (15) Mayor Hawks stated that on Thursday evening he and Commissioner Swanson attended the Montana Rush USA, visiting with several Japanese who belong to the Montana Club. (16) Commissioner Goehrun9 submitted the following. (1) Attended the Firemen's Breakfast on Monday morning. (2) Plans to attend the meeting scheduled for Friday to make the final decision on a consultant to conduct the solid waste management study for the City and the County. ( 17) Commissioner Frost submitted the following. (1) Attended the ORB meeting last Tuesday, noting eleven applicants appeared before the Board; and the meeting lasted from 4:00 to 7:30 p.m. He noted that the Mitchell application, considered by the Commis- sion earlier today, was acted upon at that DRB meeting; and the members very specifically made the comments which they felt important to forward to the Commission. He noted that it took staff a substantial amount of time to prepare the excellent report which was for- warded to the Commission for that agenda item; however, he noted that with use, the process will become much easier and quicker. (2) The Planning Board is preparing to ad- vertise for a zone code enforcement officer. (3) The Planning Board is reviewing the Bozeman Area Subdivision Regulations, taking into consideration revisions from the Coun- ty. A public hearing on the document is being scheduled for late November. He noted that the Commissioners should submit any Input as soon as possible so it may be con- sidered during this process. (4) Attended a Performing Arts Center committee meeting with the Oowntown Bozeman Association. He noted that overwhelming support for the down town site was expressed at that meeting; however, concern was expressed about parking. (5) Has been distributing application forms to persons who might be interested in serving on the Parking Commission. (6) Will be meeting with the Downtown Bozeman Association on Thursday, October la, to discuss beautification of Main Street, particu larly through landscaping and trees. (7) Received a telephone call on Thursday morning from a gentleman indicating that the trees, particularly in Cooper Park, are distressed from lack of water. He suggested the City may wish to consider additional watering, particularly in drought years. (a) Asked how the increase in gasoline prices will impact the City's bud- get. The City Manager responded that $35,000 has been budgeted throughout City op- erations for gas and oil; and a 20-percent inc:rease would cost an additional $7,000. He noted that at the present time, prices are 25 to 30 percent higher; and any shortages in the amounts budgeted will be covered by a budget amendment at mid-year. (9) Asked for a status report on Life Link. The City Manager briefly highl ighted recent activities, not- ing that the Planning staff has asked the State Department of Health and Environmental Sciences to push the septic tank issue. He indicated he will further research the matter 10-09-90 --------- ,J,. ."" . i"'~ '~ oL - 21 - and submit a report back to the Commission. (la) Commissioner Goehrung asked for authorization to attend the solid waste training .workshop to be held in Billings on October 30, and the funding therefor. The Commissioners concurred. (19 ) Commissioner Swanson noted that he attended the Firemen's Breakfast on Monday morning, and was impressed with the number who were there at 7: 15 a. m. He once again suggested that an advocacy group be established for the firemen, noting that such a group could help to raise monies needed to enhance a top-notch fire department. Consent Items 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 appropriate persons to complete the necessary actions. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Executive session re personnel Mayor Hawks stated this is the time set for evaluation of the City Manager and the Clerk of the Commission. He then stated that, pursuant to Section 2-3-203 (3), Montana Code Annotated, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He further noted that the individuals involved have not waived their right to privacy. At 9:22 p.m., Mayor Hawks called an executive session for the purpose of evaluat- ing the City Manager and the Clerk of the Commission and requested that all persons ex- cept the Commissioners, City Manager Wysocki and the Clerk leave the room. At 10: 55 p. m., Mayor Hawks closed the executive session and reconvened the open meeting. Adjournment - 10:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. 10-09-90 _u _~_..~~__..~._.__~_~_ --~---_..-