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HomeMy WebLinkAbout2001-10-22 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 22, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 22, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, City Manager Johnson, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. 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. Authorize absence of Commissioner Kirchhoff from this meetino It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commissioner Kirchhoff's absence from this meeting be authorized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Minutes - January 18 and February 7, 2000, and January 30, April 20, September 4, September 24, October 1, October 8 and October 15, 2001 It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the minutes of the meetings of April 20 and October 8, 2001, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, September 4, September 24, October 1 and October 15, 2001to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of request for annexation - William C. Dabney for Estate of Eula May Lessley - 10.64 acres located in Tract 2 and a portion of 48 FM 2020 (between West Babcock Street and West Beall Street, immediately west of Kirk Park); refer to staff Acknowledge receipt of request for modification of conditions of preliminary plat aor)roval of Cattail Creek Subdivision, Phase I; refer to staff Building Inspection Division report for August 2001 Claims It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. 10-22-2001 2- Application for Kennel License - Emily Evans, 1016 West Curtiss Avenue (three do.qs) - Calendar Year 2001 Included in the Commissioners' packets were a copy of the application for kennel license and Animal Control Officer Lien's recommendation for approval. Animal Control Officer Lien stated she has had no recent complaints about this application, although a letter of complaint was received just this afternoon from the Arpins. Her recommendation is to approve this license with the stipulation that if barking is a problem, she will contact Ms. Evans to discuss the use of bark collars. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the application for kennel license submitted by Emily Evans, 1016 West Curtiss Avenue, for Calendar Year 2001 be approved, with Animal Control Officer Lien to follow up with the applicant on the barking complaint. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Application for Kennel License - Holly Hunts, 208 North Teton Avenue (three dogs) - Calendar Year 2001 Included in the Commissioners' packets were a copy of the application for kennel license and Animal Control Officer Lien's recommendation for approval. Animal Control Officer Lien noted no complaints have been received, and she recommends approval. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the application for kennel license submitted by Holly Hunts, 208 North Teton Avenue, for Calendar Year 2001 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. Application for Kennel License - Sandra Clift and Don Leal, 1127 South Cedarview Drive (four dogs and eleven cats) - Calendar Year 2001 Included in the Commissioners' packets were a copy of the application for kennel license and Animal Control Officer Lien's recommendation for conditional approval. Animal Control Officer Lien noted this application is more involved. Don Leal has had a kennel license for years with no problems. However, Ms. Clift has 11 cats, which adds a different dimension to this application. Officer Lien has had complaints from one neighbor that the cats are allowed to run the neighborhood. She is concerned about this large number of cats at one home unless they are maintained entirely indoors. The Animal Control Officer said she would recommend approval of this application if the cats were retained inside the home 100 percent of the time; and if not, then her recommendation is for denial. Commissioner Brown asked how it can be determined if the cats are confined or not. Animal Control Officer Lien responded the owner will have to agree to that condition and abide by it. Don Leal, 1127 South Cedarview Drive, stated the cats stay on their property; it is not reasonable to keep all those cats indoors all the time. He added that the cat that was caught was trapped with tuna; and without that enticement, the cat would have not been trapped there. Sandra Clift, 1127 South Cedarview Drive, noted these are rescued cats that she has spent thousands of dollars on to spay or neuter. She, too, said these cats stay on their property, noting they are not particularly friendly cats since they are rescue cats. She acknowledged she does have one cat who has left the property, but he doesn't do that anymore. Ms. Clift said she doesn't believe the kennel license application should be denied; adding that by this spring, they will be moving to a new property. She provided a letter from Dr. Ruth Stafford, Animal Medical Center, which states Ms. Clift is a responsible pet owner. 10-22-2001 3- Mr. Leal feels these cats should have the freedom to roam on their own property, which is fenced. He stated he would offer, if any of Ms. Clift's cats cause any damage, to pay or compensate for any reasonable loss, which he said he believes is a more reasonable solution. Debbie DeGidio,1110 South Cedarview Drive, said she is sure Ms. Clift is a good pet owner; but she has been having problems for months with these cats. Ms. DeGidio stated she has a nice manicured lawn with new mulch, which has been dug up and cat manure deposited everywhere. She pointed out she is not sure how one would assess damages if all these cats are doing is digging up mulch and defecating in her gardens. Ms. DeGidio asked why Ms. Clift believes her cats should be allowed to run wild, when Mr. Leal, her husband, does not let his dogs run loose. She acknowledged that she caught the cat, with the assistance of the Police Department, using tuna, which she was advised to do. Ms. DeGidio closed by saying she doesn't believe it is right to have 11 cats and have them run wild throughout the neighborhood. Ms. Clift responded, saying these accusations are not justified. She knows where her cats are at all times, and they don't go into Ms. DeGidio's yard. Commissioner Smiley asked Ms. Clift if it would be possible to do something to make sure these cats don't have anything to do with the neighbor or her property. Ms. Clift replied she has been watching her cats since the complaint was filed, and she has never seen them over at the neighbor's. As soon as the first snowfall comes, these cats will not be going outside. City Attorney Luwe suggested the wording of a condition of approval is that the cats be retained inside, to the satisfaction of Animal Control Officer Lien; but the applicant has not agreed this evening to retain her cats indoors. Mayor Youngman stated her preference to allow the cats to be outdoors, if it were possible for them to remain in their yard by some sort of an enclosure with a screen roof. Commissioner Smiley stated she agrees with Animal Control Officer Lien and her recommendations. She asked Ms. Clift to keep better control over her cats. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the application for kennel license submitted by Sandra Clift and Don Leal, 1127 South Cedarview Drive, for Calendar Year 2001 be approved subject to the condition that the cats be maintained inside at all times or that an adequate facility for keeping them in their own yard be provided outside, subject to the approval of the Animal Control Officer. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. ,Commission direction regarding wetlands survey for Rose Park Mayor Youngman suggested the Commission ask City Manager Johnson to investigate the possibility of allocating $2,000 to $3,000 to fund a wetlands assessment, which would be the first step in determining where development can take place within Rose Park. Her recommendation is to fund this survey as the first step toward improvement of this park. Commissioner Brown stated he would like to make sure this money doesn't come out of the Parks and Recreation Department's budget. Mayor Youngman agreed she doesn't want to hurt any other project to fund this. However, it is a way to get this park started and to provide motivation and incentive for the volunteers and the Parks and Recreation Advisory Board to pull together. She added the frisbee golf community is demoralized because they don't have anyplace to play. Commissioner Frost agreed this is a good first step, but he is hoping the Commission can address the wetlands problems within the city pretty quickly. The City needs to become more proactive, or it's going to lose all the wetlands. It was moved by Commissioner Brown, seconded by Commissioner Frost, to approve the expenditure of up to $3,000 for a wetlands assessment for Rose Park. The motion carried by the 10-22-2001 4- following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Commission Resolution No. 3488 - revisin.q .quidelines for the Community Development Block Grant (CDBG) Economic Development Revolvin;I Loan Fund Included in the Commissioners' packets was a copy of Commission Resolution No. 3488, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3488 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT REVOLVING LOAN FUND AND SUPERSEDING COMMISSION RESOLUTION NO. 3200. City Manager Johnson noted that with the passage of this resolution, the maximum dollar amount will change from $100,000 to $250,000. The previous loan cap was handicapping businesses who needed a larger dollar amount. Alicia Bradshaw, 222 East Main, Suite 102, representing the Gallatin Development Corporation, thanked the Commission for considering this change, noting there is a lot of interest in the revolving loan fund. Commissioner Brown asked if granting this large a loan would be automatic. Ms. Bradshaw responded it will not; all applications will be thoroughly screened. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3488, revising the guidelines for the Community Development Block Grant (CDBG) Economic Development Revolving Loan Fund, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. Presentation of third quarterly report on Madison Aquifer - Karen Kirk Assistant City Manager Brey introduced Ms. Kirk, noting this report has a lot of new information. The project will be completed late this year or early next year. Ms. Kirk used a power point presentation to present the third of four quarterly reports, noting there is more data now since she spent the summer in the field. She highlighted her findings based on the five objectives: stream losses, the water chemistry of Two Springs, the discharge of Two Springs, geologic mapping, and geologic cross sections. Upcoming tasks include the continued analysis of the data, continued writing and report presentation, and the final drafting of the geologic map and cross sections. The final report is scheduled to be presented in December, 2001. Commissioner Brown asked if the City would have trouble getting the water rights. Ms. Kirk responded she wasn't directly trying to answer that question; but, probably, yes it would. The City does have an existing water right in Mystic Lake, but that is separate from the ground water right. Stephan Custer, 511 Spring Creek Drive, stated that no matter what the City does, there will be a fight over the water rights; and there will clearly be issues that will have to resolved. There is no connection between Mystic Lake water rights and the rest of the system. Mayor Youngman asked if the two-year drought has made any difference in the recharge. Ms. Kirk responded she has tested the model at the worst possible time; and Two Springs has never stopped discharging, so she believes it is a permanent picture. Presentation re formation of solid waste refuse district - Larry Watson, Gallatin County Grants Administrator 10-22-2001 -5- Included in the Commissioners' packets was a letter from the Gallatin County Commission, dated October 1 7, indicating that on October 16, they adopted a resolution of intent to establish the Gallatin Solid Waste Management District. Mr. Larry Watson, Grants Administrator for Gallatin County, stated the County took action to form a solid waste district last Tuesday, excluding the West Yellowstone area because they have their own district. He then highlighted the resolution and described how it came about. A public hearing for all municipalities will be held on Tuesday, November 6; and the City's Resolution of Concurrence is due that day. City Manager Johnson asked if the district will have taxing authority; and what would be the process to change from a fee-based system to a tax system, and who would decide that? Mr. Watson replied the district will have taxing authority and to change the fee structure would require the hearing process and the adoption of another resolution; the same process as the creation would have to be repeated. Commissioner Frost asked if all the closing fees are built into the tipping fee, to which Mr. Watson replied they are. Commissioner Brown asked how much land the County owns at Logan. Mr. Watson indicated the county is leasing the land, and they have an option on enough land for a 150-year facility. He reminded the Commission there is no recycling facility at the Logan Landfill. Commissioner Brown asked what portion of the West Yellowstone facility is funded from grant money. Mr. Watson responded that money is a loan, not a grant; and the amount is close to $4 million, total. Mayor Youngman noted the resolution does not spell out such things as ways of assessing the impacts on City residents or other concerns having to do with the structure of the District. She asked if the Commissions of the cities involved would share that authority. Ultimately, all authority will rest with the County Commissioners, replied Mr. Watson. Commissioner Frost inquired if the County would control the budget as well. Mr. Watson stated the District Board will control the budget, but the Board will be under the authority of the County Commission. Commissioner Brown noted the County Commission would have more control over the District than the other entities involved. Mr. Watson responded that will depend on the makeup of the Commission, and how active the Commission chooses to be. Mayor Youngman asked if there would be the potential for communities to contract with the District to take their garbage to the landfill, whether or not they are a member of the District. Mr. Watson indicated they could and said that is why the County Commission is suggesting Bozeman invest in the liner expansion; so the City will have it available to use. Mayor Youngman noted the timetable makes it difficult for the Commission to respond because there isn't adequate time to hear and address residents' concerns. Mr. Watson indicated there might be the possibility of adding another week to that timetable, but there is precious little time. City Attorney Luwe asked for clarification of the powers delegated to the Board of Directors of the District. Mr. Watson explained the County Commission will not operate independently of the Board; they won't make independent administrative decisions without Board inclusion. Mr. Luwe stated he believes the intent, as he interprets the Resolution, is the District Board of Directors could not act without County Commission direction or approval. Director of Public Service Arkell stated she has tried to keep the Commission updated on the meetings held with the County regarding the formation of this District, and she doesn't have more to add to those updates other than there are still a lot of unanswered questions the resolution doesn't answer. Such as the makeup of the Board, what duties the Board will have, questions on how fees can be changed, the benefits to the citizens of Bozeman to join the District, and concerns the fees 10-22-2001 -6- could be changed to a tax-based fee by simply sending out a letter of intent to change the resolution; and even if 50 percent oppose it, the fee could still be changed. Mayor Youngman asked the Director of Public Service if it is her understanding that even if residents protest, that protest could have no power or possible influence. Director of Public Service Arkeil replied it is her understanding that every landowner in the district has to receive a notice, and they can protest in writing if they so choose. If 50 percent of the landowners protest, the County Commission must have a hearing to consider public testimony before changing the fees; but the Commission can still change the fees. City Manager Johnson noted if bonding monies are used to expand the landfill, then the District will become responsible for repayment of those monies. He continued, asking if there is not enough volume to make repayment from tipping fees, does the law allow the change to a taxing system? If so, then the option for city residents to choose a landfill and price have been eliminated because now they must pay for it anyway. Mr. Watson answered by noting that in West Yellowstone they went from taxing to tipping fees. He also pointed out that in West Yellowstone they lease the transfer station to BFI, which is a different setup than most districts. Responding to Mayor Youngman's request for recommendations, City Manager Johnson stated there is a reasonably high risk for the City to enter into this without the Commission's questions being answered clearly, noting this accelerated timetable is a particular problem. He reminded the Commissioners they have heard from the public about wanting a very public process regarding landfill decisions; and if the City enters into this agreement, it has eliminated a lot of those alternatives for public input. The City Manager pointed out if this District changes from a tipping fee-based structure to a taxing authority, it limits the City's alternatives for using different sites for disposal of the city's waste. If other sites offer lower costs, the City won't be able to take advantage of that if it is committed to servicing debt on another landfill. He restated his concern that if there is a change to a taxing structure, the City will be double-charging itself and will not be able to go anywhere but Logan. City Manager Johnson then asked Mr. Watson if the City would be able to join at a later date, to which Mr. Watson replied cities can join at any time. However, their major concern is how big the expansion will need to be; the bid package will be coming out this spring. The landfill capacity would need to be doubled if Bozeman joins in. City Manager Johnson inquired if another possibility would be for a city to enter into a contract with the District to purchase space, with a guaranteed cash flow to the District. Mr. Watson said the City could buy its space right now and enter into an agreement with the County to incorporate that into the project, which would allow the City to acquire space at a much reduced cost compared to acquiring space elsewhere because it is included with the economy of scale of the expansion. No decision was reached on this matter; the Commission will await answers to their questions before holding further discussions. 7:45 Presentation of Staff Outstanding Achievement Awards City Manager Johnson announced his intention to present incentives awards to employees who show outstanding initiative, with the first recognition going to Waste Water Treatment Plant Superintendent Tom Adams. Within his first three months of employment with the City, Mr. Adams was able to save the City almost 8900,000 through his suggestions. For his diligence and perseverance, Mr. Adams was awarded a cruise for two from the City Commission. Public hearin.q - Ordinance No. School parking district - annexing 1500 block of West Beall Street into the Bozeman High This was the time and place set for the public hearing on the proposed ordinance for annexing the 1500 block of West Beall Street into the Bozeman High School parking district, entitled: 10-22-2001 -7- ORDINANCE NO. 15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A OF SECTION 10.32.396 PERTAINING TO THE AREA DESIGNATED AS THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT TO INCREASE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION N OF SECTION 10.32.396., WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT. Mayor Youngman opened the public hearing. Assistant City Manager Brey presented the staff report, noting this is a commercial establishment area which has petitioned to be included in the District. Mr. Brey discussed with them the four options to regulate the block, which include time limitation parking, limiting parking to specific hours and days, inclusion in the residential parking district, and signing for 2-hour parking with specific hours and days and inclusion in the residential parking district. Representatives unanimously selected the 2-hour parking option, with inclusion in the residential parking district. This addition will not change the predominate character of the parking district as residential. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commission Brown inquired if it is likely this problem will continue after the high school builds its new parking lot. Assistant City Manager Brey stated his opinion that anyplace in the residential parking district that provides more convenient parking than the school's parking lot will continue to have a problem. He added that all signage for this new area has been completed. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that Ordinance No. 1549, amending the boundaries of the Bozeman Senior High School residential parking district to include the 1500 block and 1602 West Beall Street, be provisionally adopted 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 Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Public hearing - Rocky Mountain Engineers for Eugene Graf III, et al. - variance from the subdivision regulations to allow sidewalk installation for West Meadow Major Subdivision to be financially _~uaranteed and be constructed as each lot develops or within a three-year period - Lots 2, 3 and 4, South Meadows Minor Subdivision (north of Sundance Sprin.qs Subdivision and west of South Meadows Condominiums) (P-0122A) This was the time and place set for the public hearing on the variance from subdivision regulations requested by Rocky Mountain Engineers for Eugene Graf III, et al., under Application No. P-0122A, to allow sidewalk installation for West Meadow Major Subdivision to be financially guaranteed and be constructed as each lot develops or within a three-year period. The subject property is described as Lots 2, 3 and 4, South Meadows Minor Subdivision, and is located north of Sundance Springs Subdivision and west of South Meadows Condominiums. Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report. He noted this is a request for a variance from subdivision regulations to allow sidewalk installation to be financially guaranteed and constructed as each lot develops, similar to other recent requests. Staff recommends the variance be granted, feeling adequate protection is provided by the financial guarantee. Ray Center, Rocky Mountain Engineers, stated he was present to answer questions. There were no Commissioners questions. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 10-22-2001 -8- It was moved by Commissioner Brown, seconded by Commissioner Frost, that the variance from subdivision regulations requested by Rocky Mountain Engineers for Eugene Graf III, et aL, under Application No. P-O122A, to allow sidewalk installation for West Meadow Major Subdivision to be financially guaranteed and be constructed as each lot develops or within a three-year period be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Commission Resolution No. 3490 - adoptin.q the Greater Bozeman Area Transportation Plan 2001 Update Included in the Commissioners' packets was a copy of Commission Resolution No. 3490, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3490 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A NEW TRANSPORTATION PLAN KNOWN AS THE GREATER BOZEMAN AREA TRANSPORTATION PLAN 2001 UPDATE. City Manager Johnson relayed Commissioner Kirchhoff's regret at not being able to be present to vote on these following important resolutions. Commissioner Frost asked if the Commission needs to adopt the whole plan. Planning Director Epple replied the Commission has discussed the prospect of wording the resolution so it states the resolution is adopted for all portions of city limits and all areas to be annexed in the future. City Attorney Luwe added the Commission can adopt or exclude portions however it chooses. Commissioner Frost noted he brought up the question because there has been a lot of discussion regarding adopting beyond the city limits. Mayor Youngman pointed out the resolution does refer to jurisdiction that is limited by city boundaries. She feels it doesn't make sense to draw lines at the current cit limits because they will change with annexations. Commissioner Smiley noted that, with a statement included that the City planning jurisdiction is limited to the municipal boundaries, she can support this resolution. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3490, adopting the Greater Bozeman Area Transportation Plan 2001 Update, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman. Those voting No, none. Commission Resolution No. 3491 - adopting the Downtown Bozeman Improvements Plan Included in the Commissioners' packets was a copy of Commission Resolution No. 3491, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3491 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE DOWNTOWN BOZEMAN IMPROVEMENT PLAN AS A PLANNING DOCUMENT FOR THE CITY OF BOZEMAN. No public comment was received, and there was no further discussion of this item. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that Commission Resolution No. 3491, adopting the Downtown Bozeman Improvement Plan, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. 10-22-2001 9- Commission Resolution No. 3492 - adopting the Critical Lands Study Included in the Commissioners' packets was a copy of Commission Resolution No. 3492, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3492 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE CRITICAL LANDS STUDY AS A PLANNING DOCUMENT FOR THE CITY OF BOZEMAN AND ACCORDINGLY CHANGING THE DESIGNATION TO CRITICAL LANDS PLAN. No public comment was received, and there was no further discussion of this item. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission Resolution No. 3492, adopting the Critical Lands Plan, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Commission Resolution No. 3486 - adopting the Bozeman 2020 Community Plan Included in the Commissioners' packets was a copy of Commission Resolution No. 3486, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3486 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A NEW GROWTH POLICY FOR THE BOZEMAN PLANNING AREA KNOWN AS THE BOZEMAN 2020 COMMUNITY PLAN. Included in the Commissioners' packets was a memo from Associate Planners Sanford and Saunders, dated October 17, forwarding proposed revisions to the Bozeman 2020 Community Plan pertaining to historic mixed use, as directed by the Commission. Distributed to the Commissioners just prior to the meeting was a memo from Associate Planners Sanford and Saunders, dated October 22, recommending additional minor revisions to the document. Steve White, 3800 Blackwood Road, said he was here to state his opposition to this plan. He is opposed because he doesn't believe the City has the authority to address issues beyond city limits, and the City is ultimately creating sprawl by setting up a green belt around Bozeman. Commissioner Smiley stated she is concerned with the legal overlay of the donut area, which will create the same problems as found in Boston. She then read from an article published in The Boston Globe, entitled, "'First-ring' Suburbs Hurting, Study Finds", highlighting the following portion. "Older suburban communities around Boston, from Malden to Watertown to Randolph, are struggling with social and financial woes as newer, more far-flung suburbs along Interstate 495 become the star economic performers of the region. As a result of the explosive growth in areas not annexed to Boston, the post-World War II suburbs closer to Boston are grappling with what have always been urban issues - crime, more povery in the schools, an aging infrastructure, population loss, and a declining tax base. People think of all subrubs that are not annexed as affluent and strong, but when you have sprawl like this, all these interior communities really begin to struggle. The report, released to The Boston Globe last week, was commissioned by the Citizens Housing and Planning Association in an attempt to determine the root causes of the state's chronic affordable housing shortage, by looking at development patterns, jobs, income disparities, schools, and the fiscal health of cities and towns. The most striking finding - the "leapfrogging" process from older suburbs to newer areas - was evidence of how sprawling development patterns can intensify social and economic imbalances. While new suburbs that are not annexed to the city historically have drained wealth from older cities, the draining of wealth by even newer suburbs from older suburbs has created a vast "contested checkerboard" in Eastern Massachusetts. The report concludes that the long-term social and economic health of the region is threatened, if Iow-income families and minorities continue to be concentrated not only in struggling cities but increasingly in the "first-ring" suburbs that wealthy 10-22-2001 10- residents have deserted. They used schools as a barometer, they looked at the ability to pay for services - including the expensive task of educating diverse and Iow-income populations - continued to decline for those same cities and towns, and they looked at fiscal capacity per household - essentially, the amount of revenue available to cities and towns to pay for services - declined between 1993 and 1998. Causes include, 'People are always attracted to the new place, but the system rewards exclusive behavior. The wealthy suburbs can tell new residents they will be taxed at a Iow rate, that there is no poverty in the schools, and they will get great services'. Another cause is that communities that experience population decline are forced to say just the opposite: that residents will be taxed at a higher rate and they will get less services. Another cause is that, 'The older, post-World War II suburbs don't have the housing stock, the centrality, or the restaurants that the urban neighborhoods have to be attractive to yuppies. They don't have the assets to retool that central cities do. Meanwhile, their schools grow poorer, their tax base declines, and they have to compete with places that have no poverty in their schools.' Other, more practical problems arise when wealth is concentrated in certain areas and other areas bear the burden of hosting lower-income populations. Researchers found that there is little multifamily or affordable housing close to where most of the jobs are. That means clogged roads, as workers in entry-level jobs drive long distances to travel from affordable places to live to jobs. Recommendations include further steps be taken to spread more affordable housing around to chip away at the geographical disparities in wealth; communities could receive more direct state funding to build affordable housing under the "antisnob" zoning law, the Community Preservation Act could also be revised so that housing is a priority over historic character and open-space preservation, like the future urban/limited residential, and 'building up the tax base is the bottom line, and you can't really fault these communities for doing that; but the fragmented competition for resources hurts everybody. Cooperating on a regional level would make everyone's life better'." Commissioner Smiley closed by saying that finally, her concern in creating this new legal overlay of the donut area in the future urban/limited residential area is that this is short sighted and will create the same problems found in this study. The Commission could serve the city better by working closer with the County to, indeed, focus growth close to the city, which would begin to stop the problems seen in this study. Mark Haggerty, 308 South Fifth Avenue, pointed out the Interlocal Agreement addresses the green belt more than many people understand it. Any future urban area will be the subject of the agreement between the City and the County, and the County has the final say if the land is developed or not. Bozeman has the first opportunity to annex; and if the City decides not to annex, the County can approve a subdivision. There will be infrastructure standards imposed. Responding to Mr. Haggerty, Commissioner Smiley stated she does not agree with his interpretation of that section. Commissioner Frost noted Planning Board members and staff have spent an enormous amount of time on this project, and he is excited to have it being passed this evening. He said he doesn't know if the Interlocal Agreement will pass or not, but hopefully it will. It will make the growth of the county more efficient, with a better product. Mayor Youngman stated she was excited to have everyone of all ages participating in the development of this plan, which was a learning process as well. She appreciates the flexibility to allow the significant additions regarding economic development, when the business community requested them. It was an incredible process to do a project of this magnitude locally. Commissioner Smiley added she, too, is very excited about the plan; and Staff knows how much she appreciates their hard work, but she cannot vote for this with the fake green space around Bozeman. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3486, adopting the Bozeman 2020 Community Plan, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown, and Mayor Youngman. Those voting No being Commissioner Smiley. Discussion - FYI Items 10-22~2001 11- City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Petition from residents along West Lamme Street requesting that steps be taken to address the heavy traffic volumes on West Lamme Street between North Willson Avenue and North 7th Avenue. (2) Copy of an e-mail from Dan Himsworth regarding the living wage ordinance. (3) List of planning projects to be considered at upcoming Commission meetings. (4) Minutes from the Gallatin Local Water Quality District meetings held on July 12 and September 6, 2001. (5) Memo from the Recreation and Parks Advisory Board, dated October 15, recommending that a central file system pertaining to parks be established. (6) Letter from C. W. deOnis, dated October 1 5, voicing opposition to a communications tower being placed on the City's water tank. (7) Agenda for the School District Board of Trustees meeting to be held at 7:00 pm tonight at the Willson School. (8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, October 23, at the Courthouse. (9) Agenda for the County Planning Board meeting to be held at 6:30 pm on Tuesday, October 23, at the Courthouse. (10) Revised agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, October 23, at the Professional Building. (11) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, October 23, at the Professional Building. (12) Commissioner Smiley distributed copies of a newspaper article entitled 'First-ring' suburbs hurting, study finds, as published in the October 21 edition of The Boston Globe. During his FYI, City Manager Johnson offered the following items: 1) Regarding the petition about traffic on West Lamme Street; the speed limit is currently 25 mph, the standard speed limit in residential areas. There are no signs posted because of the costs involved. The City does allow neighborhoods to put up their own signs, if they so choose. Stop signs can be installed if the Commission wants to direct staff to do that. "Dips" in the street create liability issues. The "No Left Turn" sign on North 7th Avenue needs to go through the Transportation Committee because that would be changing a state highway. 2) Suggested the October 29th Commission meeting be eliminated due to the lack of items. All Commissioners present agreed to eliminate the October 29th City Commission meeting. 3) Regarding the central file system recommendation by the Recreation and Parks Advisory Board, he believes that request should be accommodated; and he will discuss that with staff during the staff meeting. Planning Director Epple presented the following: 1 ) The Planning Board and Zoning Commission are starting their discussions of revising subdivision regulations and zoning ordinance to comply with the 2020 plan. He suggested retaining the Temporary Planner to allow the Associate Planners to work on implementation of the 2020 plan. All Commissioners present agreed to have Planning Staff begin immediately revising the zoning ordinance and subdivision regulations and to work with the Parks and Recreation Advisory Board on updating the POST plan. 2) He responded to Frank Harrington's letter, which will be forwarded to the Commission for comment. 3) Code Enforcement Officer Hassler will provide a list of non-conforming signs that have been brought into compliance. 10-22-2001 12- It was moved by Commissioner Smiley, seconded by Commissioner Brown, to direct staff, by the end of the fiscal year, to develop updates to the subdivision regulations, zoning ordinance, and POST plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Director of Public Service Arkell noted the following during her FYI: 1) Thanked the Commission for the employee award program. 2) Staff Engineer Finke attended the NENA meeting and spoke regarding the transfer station. Mayor Youngman offered the following FYI items: 1 ) Met with a group of international visitors. 2) Attended the HRDC restoration grand opening. 3) Attended the ground breaking for Eagle Mount. Adjournment - 9:06 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Brown, and Mayor Youngman; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission MARCIA B. YOUNGM~ PREPARED BY: Deputy Clerk of the Commission 10-22-2001