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HomeMy WebLinkAbout1999-12-20 Minutes, City Commission .------.- .---.-- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 20, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 20, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe 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 - Auaust 2. August 16. Seotember 7. Seotember 20. December 6 and December 13. ~ It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of December 6 and December 13, 1999, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No, non'e. . Mayor Youngman deferred action on the minutes of the meetings of August 2, August 16, September 7, and September 20, 1999, to a later date. Exit Conference - Comorehensive Annual Financial Reoort (CAFR) for Fiscal Year 1998-1999 Included in the Commissioners' packets was a copy of the Comprehensive Annual Financial Report for Fiscal Year 1998-1999. Mr. Bill Mills, Veltkamp, Stannebein & Bateson, highlighted the annual audit report. He noted there are four parts to the annual report, including the Introductory Section, the Financial Section, the Statistical Section and the Single Audit Section. He noted that, via the transmittal letter, this report has been dedicated to former Mayor AI Stiff. He drew the Commission's attention to the copy of the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1998, issued by the Government Finance Officers' Association, noting this is the fifteenth consecutive award received. Mr. Mills characterized the auditors' opinion as an unqualified opinion, noting that is the highest level of assurance available. He indicated that the auditors have conducted the necessary audits under the Single Audit Act; and those opinions are also unqualified, with no material weaknesses or issues identified. . Mr. Mills concluded by thanking City staff for their assistance, particularly in light of the workload they have encountered with the installation of new hardware and conversion to a new software system. Commissioner Smiley thanked Administrative Services Director Miral Gamradt and Assistant Finance Director Peg Biekert for their work this past year. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission acknowledge receipt of and accept the Comprehensive Annual Financial Report for Fiscal Year 1998-1999. The motion carried by the following Aye and No vote: those 12-20-99 - 2 - voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. Presentation re conversion to automated water meter readers - Proiect Enaineer Finke and Water/Sewer SUDerintendent Certalic . Included in the Commissioners' packets was a memo from Project Engineer Karen Finke and Water/Sewer Superintendent Certalic, dated December 8, forwarding information on the four proposals received. City Manager Johnson requested that this presentation be postponed due to illness. Presentation re Inflow and Infiltration (1/1) study - Proiect Engineer Hixson and Damschen and Associates Included in the Commissioners' packets was a memo from Project Engineer Hixson, dated December 15, forwarding copies of the Executive Summary and the Summary, Conclusions and Recommendations from the Inflow and Infiltration Study, which was prepared by Damschen and Associates and ADS Environmental Services. Project Engineer Rick Hixson stated that one of the conclusions in the Wastewater Facilities Plan was that inflow and infiltration (1/1) was contributing a significant amount of extraneous water and recommended a more detailed investigation into the sources be conducted, in anticipation of possibly removing a portion of it from the system. As a result of that recommendation, the City retained Damschen and Associates and ADS Environmental Services to cond uct a study. . Mr. Dave Aune, ADS Environmental Services, identified infiltration as the introduction of groundwater into the sewer mains and inflow as the introduction of surface water into the sewer mains. He noted that infiltration may be through leaky joints or breaks in the pipes, while inflow often comes through manholes. Mr. Aune stated that their flow monitoring was done in six lones, and they found a majority of the infiltration was in three of those lones. He stated the Wastewater Treatment Plant treats an average of 5 million gallons per day, with 8.7 million gallons being treated during wet weather. He noted that the Wastewater Facilities Plan estimated the plant infiltration at 1.7 to 3.5 million gallons per day during dry weather and approaching 6 million gallons per day during wet weather. Mr. Aune stated that the product of the monitoring they have completed is a large three ring binder designed to serve as a working document, and any new additional information garnered in the future should be used to update it. He noted that, to eliminate some of the proposed television inspection, they did some flow monitoring and identified 175 mini-systems within which they did some checking of manhole sections. He indicated that they also did television inspections on 20,000 lineal feet of line, in eight different mini-systems. He stated the results of the analysis include recommendations for replacement of some lines, lining of some lines, replacement of some services, and point defect repairs. Mr. Aune stated the next step was to determine the cost effectiveness of repairs, which . helps to determine the next step. He stated that, as a result of the study and analysis, the recommendation is to undertake an ongoing rehabilitation program to reduce the current level of infiltration and to offset future problems, since few large breaks or leaks were identified. He noted that in the lines where they completed television inspections, they found 213 defects, resulting in 600,000 gallons of infiltration per day in dry weather. He indicated they found that 152 problems could be eliminated through 36 repairs, at an estimated cost of $156,000, which seems a reasonable place to start on an annual maintenance program. Mr. Aune concluded by stressing the importance of an ongoing maintenance plan, consistently updating the information and building on the database developed to date. 12-20-99 - ---..----.--- _._~- - 3 - Responding to Commissioner Rudberg, Mr. Aune confirmed that there is a significant inflow from some services, which could result from a sump pump, a cracked service line or a poor saddle connection. He noted that, depending on the source, some of the problems could be the responsibility of the property owner rather than the City. In response to questions from Commissioner Kirchhoff, Mr. Aune stressed the importance of determining the cost effectiveness of corrective measures. He noted that, when . considering the operations and maintenance of the treatment plant. 5 gallons of wastewater is treated per day for every $1 spent, so getting rid of 10 gallons for $1 of repairs would be cost effective. In terms of avoiding the costs of plant expansion, the break even point is % gallon per day for every $1 spent. He noted it is important to carefully consider those factors when determining whether a replacement or repair is cost effective. Commissioner Kirchhoff recognized the importance of maintenance and updating the lines on a regular basis, particularly since they deteriorate. The Commissioners thanked Project Engineer Hixson and Mr. Aune for the presentation. Presentation re imDrovements to Durston Road - Proiect Enaineer Nickelson and MSE-HKM Associates Included in the Commissioners' packets was a memo from Project Engineer James Nickelson, dated December 14, attached to which were some of the figures from the predesign for Durston Road improvements. Project Engineer James Nickelson gave a brief introduction, noting that in 1995 the City retained MSE-HKM, Inc., and Marvin and Associates to conduct a predesign study of Durston Road between North 7th Avenue and North 19th Avenue. . Mr. John Schoff, MSE-HKM in Billings, stated that this predesign investigation report included checking the volumes of traffic to see how they actually compare with the volumes projected in the 1993 Transportation Plan, a field survey which took into consideration the topographic features, a determination of the existing public right-of-way and private ownerships along the corridor. He noted that this information was overlaid onto an aerial map. He stated that once that technical information was completed, MSE-HKM worked with Marvin and Associates to gather the traffic data and volume projections, then analyzed that information and determine improvement options and estimated costs. Mr. Bob Marvin, Marvin and Associates, gave a brief overview of the traffic data gathered, noting that the traffic volumes on Durston Road are higher than previously projected. He stated the entire corridor was found deficient, with its intersections with North 7th Avenue, North 11 th Avenue and North 15th Avenue definitely needing improvements. He noted that the North 19th Avenue corridor has been opened since the 1993 Transportation Plan was completed and projected that deficiencies will quickly appear under the traffic projections resulting from this study. He noted that there are currently delays on Durston Road at North 11th Avenue and North 15th Avenue due to traffic stopped to make left turns, and long lines often occur at North 7th Avenue, even with recent modifications to that intersection. Mr. Marvin stated that, as a result of the traffic projections, the engineering recommendations are to rebuild the street to a three-lane section, recognizing the possibility . that the introduction of major traffic loads, particularly from the north, could result in the need for a five-lane section in the future. He suggested that alternative short-term improvements could include the installation of left-turn lanes at North 11th Avenue and North 15th Avenue to eliminate the delays at those intersections; however, he cautioned that the costs of those improvements and the distances needed for transitions border on the proposed three-lane facility. He noted that they were unable to identify any satisfactory interim improvements for the North 7th Avenue intersection, and they found several lane additions will be required at the North 19th Avenue intersection. He concluded by noting that the study includes a typical section with three lanes, bicycle lanes on both sides and 5-foot-wide sidewalks on both sides of the street. 12-20-99 -..-. ----.-- - 4 - Responding to Commissioner Rudberg, Mr. Schoff characterized the needed improvements at the intersection of Durston Road and North 9th Avenue as a drainage problem rather than a traffic volume issue. Further responding to Commissioner Rudberg, Mr. Marvin stated that the data gathered includes the day and time and the peak traffic volumes, and that data is analyzed in determining the recommended improvements. . Responding to Commissioner Frost, City Engineer Craig Brawner stated Durston Road is classified as a minor arterial. Commissioner Frost expressed concern about creating a three-lane facility with 35-mile- per-hour traffic on this segment of Durston Road, particularly since Durston Road/Peach Street east of North 7th Avenue runs through a residential area. He suggested that installing left turn lanes only, along with curb, gutter and sidewalks, could help to slow the traffic and encourage the traffic to move to other streets that can more easily accommodate the volumes, like Oak Street. City Engineer Brawner stressed the importance of maintaining a good arterial system through the community, to keep people from using the residential areas. He also noted that this is a twenty-year design, adequate to move the projected traffic. Mr. Marvin stated that in their engineering analysis, they look at twenty years and beyond. He also noted that Durston Road is one of the few east/west streets running across the community. As a result, he noted the consulting engineers found a five-lane facility would be more appropriate but felt the result would be an overdesigned facility that would simply attract more traffic. He then indicated the proposed three-lane facility is what they determined was needed to accommodate the current level of traffic. . Commissioner Rudberg stated she shares Commissioner Frost's concerns, particularly since there are elementary schools at both ends of the segment being reviewed, with the high school and one middle school being just off this street, in the middle of the subject section. In light of the number of children who use this street at certain times of the day, she is concerned about the traffic volumes and speeds that would be involved if the proposed improvements were installed. Commissioner Smiley asked if a pedestrian signal is proposed at Legion Villa, in light of the number of people who cross the street in that area. She noted that may also be a point at which children could safely cross the street. Responding to Mayor Youngman, Mr. Marvin stated the traffic studies revealed that, even if only one vehicle is making a left turn from Durston Road, it may back traffic up for several blocks; and it takes a certain amount of time to clear that traffic from the street. He stressed the importance of creating an adequate network of arterial and collector streets, and stated that if Durston Road is to be downgraded from a minor arterial to a collector, it will need to be closed at some point. City Engineer Craig Brawner cautioned that the cost estimates for the intersection improvements at North 11 th Avenue and North 15th Avenue do not include curb, gutter and sidewalk improvements. He recognized the Commission's concerns about the volumes and speeds of traffic on Durston Road as a three-lane facility and noted that the proposed left turn . lanes will help to accommodate a smooth traffic flow. He noted, however, it is important to determine whether moving traffic or controlling the traffic flow is more important. Commissioner Smiley suggested that traffic signals at the intersections of East Peach Street and North Rouse Avenue and East Main Street and Broadway Avenue could help to move traffic. She also noted that the proposed left turn lanes on Durston Road could also help to move traffic. City Manager Johnson asked the Commission to provide direction on the design for improvements to Durston Road, either at this meeting or a future meeting. 12-20-99 .. _n.. _._..______..__ - 5 - Responding to Commissioner Kirchhoff, City Engineer Brawner stated that if left turn lanes are installed at North 11 th Avenue and North 15th Avenue, the other less frequent left turns will impact the flow on Durston Road, thus decreasing its function and controlling the traffic volume that street will carry. Following a brief Commission discussion, the City Manager indicated he will ask the consultant working on the transportation plan update to make a presentation prior to the . decision on the proposed improvements to Durston Road. Authorize City Manaaer to sian - cost share agreement for installation of traffic sianal imDrovements at intersection of North 19th Avenue and Durston Road Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day- Moore, dated December 16, attached to which was a copy of the cost share agreement for installation of the traffic signal improvements at the intersection of North 19th Avenue and Durston Road. Senior Planner Dave Skelton stated that this item and the next agenda item are tied together, since approval of this cost share agreement is needed to meet Condition No. 12 for approval of the preliminary plat for Harvest Creek Subdivision, Phase I. He noted that the applicant has chosen the alternative of entering into a cost share agreement with an escrow account rather than a subdivision improvements agreement with financial guarantee to meet Condition No. 12. He stated the applicant has signed the cost share agreement and the escrow account has been opened; however, staff has not had an opportunity to verify that the account is acceptable. He recommended that, if the Commission finds the agreement acceptable, it direct the City Manager to sign the agreement once the escrow account has been verified and the monies deposited. . Staff Attorney Patricia Day-Moore noted that the cost share agreement was originally to be executed by both Homelands Development and Cape-France; however, Mr. Cape was not available to sign the cost share agreement, so Mr. Wolf has chosen to enter into the agreement by himself at this time. She noted, as a result, an amendment to this agreement will be forthcoming almost immediately, to include the Cape-France properties. She also noted that Exhibit "B" includes site improvements at the Holiday Station, which results in the need to either include Cape-France as a party to the agreement or delete that portion of the project. Staff Attorney Day-Moore stated that the escrow account has been established, but Mr. Wolf has not yet transferred the monies into that account. She asked that the Commission approval of the agreement include a delayed signing until the City has the escrow documents in hand and has verified the monies are in the account. Mr. Walt Wolf, Homelands Development, noted that this subdivision received preliminary plat approval in April 1998, with one of the conditions being the installation of traffic signal improvements at the intersection of Durston Road and North 19th Avenue; and he has been working to meet those conditions since that approval. He stated that he has 59 lots completed and some of those lots have been sold, and he is ready to move forward with another part of the project. He noted that the escrow account has been established, and he has the number of that account. He indicated that the funds have been wired to his local bank account, and in five minutes the monies can be transferred from that account to the escrow account. He stated that he is to be a minor player in the installation of the traffic signal, with the cost share . agreement being a guarantee of the installation of those improvements. He concluded by thanking City staff for their assistance during the past week and encouraging Commission approval of the agreement. Responding to questions from the Commission, Staff Attorney Day-Moore noted the Commission can delay action until the City has the escrow documents in hand, or it can take action at this time, relying on staff to ensure the escrow account is in order prior to signing the agreement. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission authorize the City Manager to sign the cost share agreement for installation of traffic signal improvements at intersection of North 19th Avenue and Durston Road, contingent 12-20-99 -.-..------ --------- ---.- ...-. .- - 6 - upon staff determination that the escrow account is acceptable to the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No being Commissioner Kirchhoff. Final plat for Harvest Creek Subdivision. Phase I - along north side of Durston Road and west . side of North 27th Avenue - Included in the Commissioners' packets was a memo from Staff Attorney Tim Cooper, dated December 14, forwarding his recommendation for approval of the final plat for Harvest Creek Subdivision, Phase I. Senior Planner Skelton noted that, in light of the Commission's action on the previous agenda item, all of the conditions of approval have been met and recommended approval of the final plat, subject to receipt of verification that the escrow account has been established. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the final plat for Harvest Creek Subdivision, Phase I, contingent upon receipt of verification that the escrow account has been established. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Kirchhoff. Reauest for imD8ct fee credits - construction of intersection imDrovements. includina signalization. at the intersection of North 19th Avenue and Durston Road - in the amount of $108.160 plus 50 cents for every additional dollar eXDended . Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated December 8, 1999, forwarding a request for impact fee credits for the construction of intersection improvements, including signalization, at the intersection of North 19th Avenue and Durston Road, as submitted by Homelands Development Co., L.L.C. Associate Planner Chris Saunders stated this request for impact fee credits ties to the two previous agenda items. He stated that the intersection improvements at Durston Road and North 19th Avenue were originally scheduled for construction under the impact fee program; however, that source of funding has been frozen in light of litigation. He noted that, as a result, Homelands Development has decided to proceed with the project and has requested the City reimburse it for those costs. The Associate Planner stated that staff has reviewed this application for impact fee credits and has found it is in compliance with the City's program. As a result, he forwarded staff's recommendation for approval of this request. He stressed, however, that this approval does not include the project-related improvements for the Holiday Station. The Associate Planner stated the improvements to the intersection of Durston Road and North 19th Avenue is included in the impact fee capital improvement program for Fiscal Year 1999-2000 at an anticipated cost of $108,160, thus making this project eligible for impact fee credits. He stated that the cost of the improvements is now estimated at a higher amount, and . the applicant is seeking credits for the amount originally budgeted plus 50 cents for every dollar over that amount, with the actual credits being determined once the final construction costs have been received. He noted that under this request, the City is asked to make the developers whole for the costs they incur if the City prevails in the pending lawsuit. City Attorney Luwe suggested that, if the Commission wishes to approve this request, it include the conditions at the end of Associate Planner Saunders' memo, plus a condition which eliminated the project-related improvements for the Holiday Station. Mr. Walt Wolf, applicant, stated that his project's impact on this intersection has been estimated at 8 percent. He also noted that, under this request, only half of the costs over $108,000 are to be reimbursed, so he will be bearing more than that percentage. He indicated 12-20-99 - 7 - that the estimated cost at this time is $150,000, so he does not anticipate the improvements will be completed for under the $108,000 originally budgeted. Commissioner Frost stated he cannot support the requested credits, particularly in light of the fact that impact fees are frozen. He then suggested that the Commission consider delaying the decision until the litigation is resolved. . Commissioner Rudberg noted that the applicant will be paying impact fees at the time that building permits are drawn, even though their use has been frozen. She stated that the applicant also realizes that if the City does not prevail in the litigation, there will be no impact fees to reimburse the costs; and he will bear the entire burden. Commissioner Kirchhoff stated his concurrence with Commissioner Frost's comments. He noted that it is not known who will draw the building permits and, therefore, be responsible for paying the impact fees. Mayor Youngman indicated that she will support the request for credits. She asked, however, for a future agenda item to discuss all of the projects so that the Commission can act on future requests within a framework, rather than individually. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the request for impact fee credits submitted by Homelands Development Co., L.L.C., for construction of intersection improvements, including signalization, at the intersection of North 19th Avenue and Durston Road, subject to the following conditions: 1. The approval shall be subject to the terms of the agreement as finally negotiated. 2. The exact dollar value of the credit will not be finalized until the final . project construction costs have been provided to, and accepted by, the City Engineering Office. 3. Any approval of credits shall be subject to the City prevailing in the on- going litigation and retaining the funding source to support the credit granted. 4. The project-related improvements for the Holiday Station shall not be included in the credits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Frost and Commissioner Kirchhoff. Ordinance No. 1504 - fixing the salaries of the City Manaaer and Clerk of the Commission for Fiscal Year 1999-2000 Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1504, as approved by the City Attorney, entitled: ORDINANCE NO. 1504 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY OF THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that Ordinance No. 1504, setting the salaries of the City Manager (at one-half of the amount listed) and the Clerk of the Commission, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. 12-20-99 --- .--- - ..--.---. .----- .- ---. .--.-- .-.. - 8 - Authorize Mayor to sian - EmDloyment Aareement between City Manaaer Johnson and City of Bozeman Included in the Commissioners' packets was a copy of the employment agreement between City Manager Johnson and the City of Bozeman for Fiscal Year 1999-2000. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the . Commission authorize the Mayor to sign the employment agreement between the City Manager and the City of Bozeman for Fiscal Year 1999-2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Ordinance No. 1506 - setting the salaries of the City Commission. effective JulY 1. 1999 Included in the Commissioners' packets was a copy of Ordinance No. 1506, as approved by the City Attorney, entitled: ORDINANCE NO. 1506 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1421, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1506, fixing the salaries of the City Commissioners and the Mayor, 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 Rudberg, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Ordinance No. 1507 - amending the membershiD of the Recreation and Parks Advisory Board Included in the Commissioners' packets was a copy of Ordinance No. 1507, as approved by the City Attorney, entitled: ORDINANCE NO. 1507 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SUBSECTION A OF SECTION 2.36.030; PROVIDING FOR EXPANSION OF THE MEMBERSHIP OF THE RECREATION AND PARKS ADVISORY BOARD TO INCLUDE TWO STUDENT MEMBERS. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Ordinance No. 1507, providing for expansion of the membership of the Recreation and Parks Advisory Board to include two student members, 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 Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. Ordinance No. 1508 - amendina the membershiD of the City Plannina Board Included in the Commissioners' packets was a copy of Ordinance No. 1508, as approved by the City Attorney, entitled: ORDINANCE NO. 1508 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 12-20-99 --------- - 9 - MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING ORDINANCE NO. 1494, WHICH IS NOT YET CODIFIED IN CHAPTER 2.66; PROVIDING FOR REVISING THE MEMBERSHIP OF THE CITY PLANNING BOARD. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that Ordinance No. 1508, expanding the membership of the City Planning Board, 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 Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Renewal of Beer. Wine and Liauor Licenses for Calendar Year 2000 This was the time set for renewal of the remainder of the Beer, Wine and Liquor Licenses for the Calendar Year 2000. A total of 24 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have made application and paid the required fee, as follows: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 2000 APPLICANT BEER WINE LIQUOR TOTAL Albertsons Food Center #2006 200 South 23rd Street $ 200 $ 200 $ $ 400 . The Bay Bar & Grill 2825 West Main Street 500 500 Boodles, Inc. 21 5 East Main Street 500 500 Cafe Internationale' 207 West Olive Street 200 200 400 Cateye Cafe 23 North Tracy Avenue 200 200 400 Community Food Co-Op 908 West Main Street 200 200 400 Fred's Mesquite Grill 451 East Main Street 200 200 400 Grape Expectations 27 South Willson Avenue 200 200 400 . Great China Wall 525 Professional Drive 200 200 400 Grum's 2111 North 7th Avenue 200 200 400 Grum's Deli 2107 North 7th Avenue 200 200 400 Heeb's East Main Grocery 544 East Main Street 200 200 400 12-20-99 --.- -.-.-.. -.-.----.--. ..- .-. --..--..- - 10 - Hinky Dinky Superette 5 Tai Lane 200 200 400 1-90 Exxon 1211 East Main Street 200 200 400 John Bozeman's Bistro . 125 West Main 200 200 400 KO's Club 1332 East Main 500 500 Little John's Bar 51 5 West Aspen Street 500 500 Mini Mart #728 717 West College Street 200 200 400 Mini Mart #729 1910 West Main Street 200 200 400 O'Brien's Restaurant 31 2 East Main 200 200 400 Spectators Sports Bar & Grill 19 Tai Lane 500 500 Story Exxon 1 211 East Main Street 200 200 400 . Strombolis Pizza 1234 West Main Street 200 200 400 Town Pump East, Inc. 803 East Main 200 200 Total - 24 Applications $ 3,800 $ 3,600 $ 2,500 $ 9.900 The City Manager recommended that the Commission approve the applications as submitted. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 2000 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Discussion - Commissioner oroiects . None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Joni Staffanson, 404 Cutting Street, raising questions about a number of issues. (2) Letter from Bob Gaughen, 318 Fieldstone Drive, dated December 16, regarding 12-20-99 ---..------ - 11 - the Bozeman Amateur Hockey Association's agreement with the City for use of the Bogert pavilion this year. (3) Letter from the Covered Wagon Tenants' Association, dated December 10, regarding the water bill for their mobile home park. (4) Copy of a letter from Laurence Ludlow, Vancouver, B.C., dated December 5, to . the National Space and Aeronautical Agency. (5) Listing of boards and current Commissioner members or Commissioner Liaisons to those boards, in anticipation of new appointments after the seating of the new Commission. (6) Memo from Associate Planner Chris Saunders, dated December 16, forwarding a map of the proposed planning area for the 2020 Bozeman Area Community Plan. (7) Copy of a letter from Mary Etta Parkinson, transmitting her Sundance Springs pledges. Commissioner Frost noted this letter reflects the importance of retaining open space, particularly in light of the memories it provides. (8) Minutes from the Beautification Advisory Board meeting held on December 16, 1999. (9) Copy of the newspaper article entitled Growth Measures Back on Ballot, submitted by Commissioner Frost. (10) Notice of public hearings before the County Planning Board and the County Commission regarding a conditional use permit for a lodging house at 1404 Story Mill Road. . (11 ) Notice of the locations where Christmas trees may be dropped. ( 12) Notes from the Engineering Department staff meeting held on December 8. ( 13) Copy of the letter to the editors from the Bozeman Amateur Hockey Association. (14) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 21, in the Commission Room. (15) Agendas for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 7:30 p.m. on Tuesday, December 21, in the Commission Room. ( 16) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December 21, at the Courthouse. ( 17) Memo from Planning Secretary Carol Schott announcing that the Development Review Committee meeting for December 28 has been cancelled. ( 18) City Manager Johnson sought Commission direction regarding ice skating at . Bogert pavilion and whether non-supervised time for pick-up hockey should be provided. He noted that previous discussions seemed to revolve around the Bozeman Amateur Hockey Association (BAHA) providing ice time for the public, during which sticks and pucks would not be allowed. He noted that the City's insurance company will cover the ice times for the public, including pick-up hockey times, if asked to do so. Commissioner Rudberg stated it was her intent to allow public skating, but prohibit sticks and pucks during those times because of the danger to others on the ice. Commissioner Youngman noted that pick-up hockey is already allowed at Southside Park. 12-20-99 --..--------- . - --. ------..--------. --.-...---...- _.._.._... n_.._. ___.__ __ - 12 - Commissioner Frost recognized the catch 22 situation that currently exists. He noted the City will be forced to assign a place for pick-up hockey; however, he does not feel Bogert Park is the appropriate place because of the inability to control the noise that impacts the neighborhood. City Manager Johnson noted that hockey will be allowed at the Souths ide Park rink, when ice is available. He then noted that the City incurs varying degrees of risk throughout . the community, depending on the activities being undertaken. Mayor Youngman noted the importance of recognizing that public skating time is being provided because the City requested it, and BAHA has been willing to provide that time on the refrigerated ice. She noted that when that time was set aside, the City had not received any requests for pick-up hockey time, but it has recently received a request. She questioned whether considering such a request in the middle of a contract is appropriate. Commissioner Kirchhoff stated he would like to see time provided for pick-up hockey, suggesting that it could result in additional BAHA members. Commissioner Rudberg noted that BAHA has raised $100,000 to provide refrigerated ice for its activities, and now it appears everyone wants to enjoy that amenity. Mayor Youngman noted the Recreation and Parks Advisory Board expressed an interest in accommodating a little time for pick-up hockey, but also recognized that adjusting the schedule at this time could be very difficult. Responding to comments from Commissioners, City Attorney Luwe reminded them the agreement with BAHA is to allow use of the park under certain conditions. Responding to Commissioner Frost, Commissioner Kirchhoff suggested that the time . slots at 5:45 p.m. to 7: 15 p.m. on Sundays and 7: 15 p.m. to 8:45 p.m. on Wednesdays be designated for pick-up hockey, since few people seem to use the ice at those times under the current schedule. ( 19) Commissioner Kirchhoff stated that he did not request Item Nos. 180 and 18p be removed for discussion. He indicated, however, that in the future, he will vote against any proposals pertaining to the property involved in the land swap between MSU and the MSU Foundation. (20) Responding to Commissioner Rudberg, Mayor Youngman stated the survey on child internet access is available. She noted that the Library has chosen not to filter its computers; rather, it has structured the computers in the children's section to go to a choice of good sites. (21 ) Commissioner Rudberg stated she is not sure the recent listing of board and commission members is accurate and requested that the listings be sent to the chairs of the boards for verification and to resolve any discrepancies in the information provided. (22) Commissioner Rudberg stated the information from the four open houses for the 2020 Community Plan was interesting and reflected a lot of NIMBYism. . (23) Commissioner Smiley noted the City Commission is scheduled to meet with the City Planning Board tomorrow night. Mayor Youngman expressed concern that the Commissioners have not yet developed their lists and asked that it be postponed. As a result of discussion, the meeting was delayed to January 19. (24) Commissioner Rudberg noted it appears the Salvation Army has cleaned part of its sidewalk and asked that City staff stay on top of this situation in the future. (25) Commissioner Frost submitted the following. (1) Announced that he will be out of town on January 3. (2) Noted that newspaper coverage of the survey recently conducted by the County revealed 70 percent of the county residents support zoning. 12-20-99 ------ ",,-- - 13 - (26) City Attorney Luwe stated that, in the municipal court case, the Judge has ruled the portion of the ordinance pertaining to outside employment is invalid and has denied the City Judge's request for attorney fees. He noted that the one issue remaining open at this time is the supervision of the Court Clerk, and that is scheduled for hearing on Monday. (27) Mayor Youngman noted that extension of the interim zone code will be upcoming in January and suggested that some additions be made in conjunction with that extension. She . characterized many of those additions as being smart growth concepts, such as limiting the size of big box stores, recessed garages, maximum and minimum lot sizes, setbacks, creating patterns of development that are more cost effective for infrastructure while preserving open space and varying street widths. Responding to City Manager Johnson, Commissioners Frost and Kirchhoff indicated support for the Mayor's proposal. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ratify Mayor's signature - Community Develocment Block Grant (CDBG) Contract No. MT-CDBG-99PF-02. between Decartment of Commerce and City of Bozeman - $400.000 arant for restoration of Dost office/armory and conversion to HRDC sucport center Authorize City Manager to sian - Aareement between Human Resource Develocment Council of District IX. Inc.. and the City of Bozeman - for management of CDBG grant for the old Dost office/armory . Authorize Mayor to sign - CTEP Particication Form for Federal Fiscal Year 2000 Acknowledae receiDt of acclication for vacation of east/west alley in Block 19. Cacitol Hill Addition (between north/south alley and South 6th Avenue): refer to staff Acknowledge receict of staff recort - reauest for annexation of 22.84-acre Darcel located in the NE%. Section 1. T2S. R5E. and the NW%. Section 6. T2S. R6E. MPM (east of WalMart. between Oak Street and Interstate 90) (A-991 0) Commission Resolution No. 3339 - intent to annex 22.84-acre carcellocated in the NE%. Section 1. T2S. R5E. and the NW%. Section 6. T2S. R6E. MPM (east of WalMart. between Oak Street and Interstate 90): set Dublic hearina for Januarv 18. 2000 COMMISSION RESOLUTION NO. 3339 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE A CONTIGUOUS TRACT, HEREINAFTER MORE PARTICULARL Y . DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3340 - certifvina delinauent annual and semi-annual assessments as of November 30. 1999 to the County COMMISSION RESOLUTION NO. 3340 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1999, AND UNPAID AS OFTHAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE 12-20-99 . - 14 - BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. ExemDtion from subdivision review - to realian the common boundary between Amended Plat of Lot 1 A. Block 2 of the Amended Subdivision Plat of a oortion of Tanae's Addition and Lot 2. Block 2 of Tanae's Addition . (boundary between GranTree Inn and Dav's Inn) (E-9917) Authorize City Manaaer to sian - Annexation Agreement between City and Michael and Katv Derzav - 2.0-acre Darcel described as Certificate of Survey No. 17. located in the SE% of the SW%. Section 35. T1S. R5E. MPM (5405 East Baxter Lane) Commission Resolution No. 3341 - annexing 2.0-acre Darcel described as Certificate of Survey No. 17 . located in the SE% of the SW%. Section 35. T1 S. R5E. MPM (5405 East Baxter Lane) COMMISSION RESOLUTION NO. 3341 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Authorize City Manager to sign - Annexation Agreement between City and Farmhouse Limited Partnershio. William Dabnev III. and Robert and Marcia Pearson - 7.5597 acres alona west side of Haagerty Lane at Ellis Street . Commission Resolution No. 3342 - annexing 7.5597 acres described as Lots 1A and 3A. Minor Subdivision No. 162A. and Lots 2. Minor Subdivision No. 162. including the riaht-of-wav for Ellis Street (along west side of Haaaertv Lane at Ellis Street) COMMISSION RESOLUTION NO. 3342 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Commission Resolution No. 3343 - exclude 35-foot by 153.89-foot strio along west end of Tract 1A. COS No. 1877. from the city limits (south side of Hillside Lane. east of its intersection with Story Mill Road) COMMISSION RESOLUTION NO. 3343 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS . TO EXCLUDE A TRACT ON THE EDGE OF THE CORPORATE LIMITS, HEREIN MORE PARTICULARLY DESCRIBED, FROM THE CORPORATE LIMITS THEREOF. Authorize Mavor to sign - Findings of Fact and Order - oreliminary Dlat to subdivide Lot 5. Block 3. Advanced Technoloav Park Subdivision in two lots. to create a 3.19-acre business oark/commerciallot and a remainder Darcel (northwest corner of West Garfield Street and Research Drive) Aoorove final olat for Advanced Technoloav Park Minor Subdivision No. 3 (subdivide Lot 5. Block 3. Advanced Technoloav Park Subdivision in two lots. to create a 3. 19-acre business oark/commerciallot and a remainder oarcen (northwest corner of West Garfield Street and Research Drive) 12-20-99 ~ ..~,.- ...-- --------.- - 15 - ADDrove final Dlat for StoneRidge P.U.D. Minor Subdivision No.2 (subdivide 11.59 acres along east side of North 19th Avenue at Baxter Lane into five 1Q1I1 Acknowledae receiDt of withdrawal of reauest for imDact fee credits for intersection imDrovements at Durston Road and North 19th Avenue - Steve Daines for Madison Place ADartments (corner of Michael Grove and . Durston Road) Authorize City Manaaer to sian - Quit Claim Deed from City to Penny A. Young and Kav S. Mortensen - easement for 40-foot-wide frontaae road across Lot 5. Poncelet Minor Subdivision No. 202 (at northwest corner of Bridger Drive and Birdie Drive) Authorize Mavor to sian - Aareement for Environmental Services - between City of Bozeman. Jewel Food Stores. Inc.. and Maxim Technoloaies. Inc. - for the long-term monitoring Droaram for the Bozeman Solvent Site ADDrove Work Authorization for Environmental Consultina Services - between Maxim Technologies. Inc.. and Jewel Foods. Inc.. and the City of Bozeman - for monitorina and consultina activities for the Bozeman Solvent Site for the fourth auarter 1999 and the first and second quarters 2000 Authorize City Manager to sign - Annexation Aareement between City and James W. and Joanne B. Kack - 1.447 acres described as Tract C of Plat Book 135. Page 492. as recorded in records of the Gallatin County Clerk and Recorder's Office (871 Bridger Drive) . Commission Resolution No. 3345 - annexina 1.447 acres described as Tract C of Plat Book 135. Page 492. as recorded in records of the Gallatin County Clerk and Recorder's Office (871 Bridger Drive) COMMISSION RESOLUTION NO. 3345 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Building InsDection Division reDort for November 1999 Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, 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 Rudberg, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. . Recess - 5:25 D.m. Mayor Youngman declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 12-20-99 .--....-.-- .--- .-.-..---.--...-..-.--. .---.--.- - 16 - Public hearing - COA with deviations from Sections 18.24.050 and 18.24.030. Bozeman MuniciDal Code. to allow construction of a 22-foot bv 24-foot aaraae that encroaches 4 feet into the reauired 8-foot side yard setback on a non-conforming lot that is 43 feet wide - west 18% feet of Lot 8 and Lot 9. Block 5. West Park Addition - Robert L. and Rachel M. Minteer. 916 West Babcock Street (Z-99148) This was the time and place set for the public hearing on the Certificate of . Appropriateness as requested by Robert L. and Rachel M. Minteer under Application No. Z-99148, with deviations from Sections 18.24.050 and 18.24.030 of the Bozeman Municipal Code, to allow the construction of a 22-foot by 24-foot garage that encroaches 4 feet into the required 8-foot side yard setback on a non-conforming lot that is 43 feet wide. The subject property is described as the west 18 Y:z feet of Lot 8 and Lot 9, Block 5, West Park Addition, and its address is 916 West Babcock Street. Mayor Youngman opened the public hearing. Associate Planner/Urban Designer John Sherman presented the staff report. He noted this is the second application submitted for the construction of a 582-square-foot garage on the subject property. He noted that under the previous application, the garage was to be sited in the center of the lot, thus meeting all setback requirements. He stated, however, that Water/Sewer Superintendent Mike Certalic has identified a water/sewer easement running through the middle of the lot, which precludes locating of the garage where originally planned. He indicated that the garage is now proposed to be 4 feet from the side property line, which is in alignment with the existing house. He then noted that the subject lot is 43 feet wide, which is narrower than the 50-foot minimum required under the zone code, thus requiring the second deviation. The Associate Planner/Urban Designer stated that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are . contained in the written staff report, which was included in the Commissioners' packets. He concluded by forwarding staff's recommendation for approval, subject to four conditions. Mr. Robert Minteer, applicant, stated his concurrence with the staff report and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness as requested by Robert L. and Rachel M. Minteer under Application No. Z-99148, with deviations from Sections 18.24.050 and 18.24.030 of the Bozeman Municipal Code, to allow the construction of a 22-foot by 24-foot garage that encroaches 4 feet into the required 8-foot side yard setback on Lot 9, Block 5, West Park Addition, a non-conforming lot that is 43 feet wide, subject to the following conditions: 1. The applicant shall remove the existing concrete slab which currently covers the sewer service line. . 2. The applicant shall obtain a building permit within one year of the Certificate of Appropriateness approval or this Certificate of Appropriateness shall become null and void. 3. The applicant shall obtain a demolition permit for the demolition of the existing shed prior to construction of the garage. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and 12-20-99 .... -...----.----..---..--..------...- - 17 - approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. . Public hearing - Zone MaD Amendment from "R-3" to "B-2" - Total EnerQv Construction - Lots . 1 and 2. Block 3. Violett Addition (431 North 6th Avenue) (Z-99139) This was the time and place set for the public hearing on the Zone Map Amendment from "R-3", Residential--Medium-density, to "B-2", Community Business, requested by Total Energy Construction under Application No. Z-99139, for Lots 1 and 2, Block 3, Violett Addition. The subject property is more commonly located at 431 North 6th Avenue. Mayor Youngman opened the public hearing. Associate Planner/Urban Designer John Sherman presented the staff report. He stated the subject .34-acre parcel is located at the southwest corner of the intersection of North 6th Avenue and West Short Street. He noted that the surrounding land uses include the Whittier School to the east, single-family and multi-family residential to the south and the east, and commercial to the west and north. He stated the applicant's attorney argues the comprehensive plan shows this area as commercial, although it is zoned residential. The Associate Planner stated that the subject site has had many different uses over the years, but it has primarily been associated with automotive activities. He noted its most recent use was as a car lot for R&N Auto Sales. . The Associate Planner noted that, after reviewing this application in light of the criteria set forth in the zone code and visiting the site and surrounding area, staff has forwarded a recommendation for denial. He characterized this site as the beginning of a small tight-knit residential neighborhood that could be adversely impacted by many of the 90 + uses allowed in the requested "B-2" zone. He noted that, following its review on December 7, the Zoning Commission concurred in staff's recommendation. Mr. Lee Stokes, attorney representing the applicant, stated that, for over twenty years, this subject lot has been used for a variety of "B-2" types of business, predominantly as a used car lot. He stated that, in light of this longstanding use and in light of the master plan land use designation, his client felt it was appropriate to seek this zone change. Mr. Stokes noted that the staff report includes pictures of the surrounding residential neighborhood, but no pictures of the surrounding commercial area; and he then showed the Commission pictures of some of those properties. Mr. Stokes questioned why it took so much staff time to prepare the report for this application. He also expressed concern that the Associate Planner was soliciting comment on the application, in what appeared an unbiased manner. Mr. Klaas Andriesen, owner of the duplex at 424 and 426 North 6th Avenue, expressed concern about the safety of the children who are picked up after school along North 6th . Avenue, particularly if this requested rezoning is approved. He indicated that he does not have any problem with the subject property remaining a car lot, but he is concerned about some of the other uses that would be allowed under the requested rezoning. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Associate Planner/Urban Designer Sherman stated that, in the process of notifying property owners in the immediate area, he went to the Whittier School to find out who should receive the notice; however, he stressed that he did not solicit comment. He then indicated that, until Mr. Andriesen approached him, he was not aware that children were being picked up along North 6th Avenue. 12-20-99 ----- - 18 - Commissioner Rudberg noted the subject site has always been used for business purposes. She also noted that the lot is small, so she cannot envision anything large being housed on it, which would also limit potential impacts on the area. As a result, she forwarded her support for the requested rezoning. Commissioner Frost stated his support for the staff recommendation, indicating that the requested rezoning could be detrimental to the school and would result in further encroachment . of commercial uses into a residential area. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the Commission deny the Zone Map Amendment from "R-3", Residential--Medium-density, to "B-2", Community Business, requested by Total Energy Construction under Application No. Z-99139, for Lots 1 and 2, Block 3, Violett Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No being Commissioner Smiley and Commissioner Rudberg. Public hearing - intent to annex 4.24-acre Darcel described as Tract B-1. COS No. 1827 (located alonq east side of Vallev Center Road. iust north of its intersection with Catron Street) (A-9909) This was the time and place set for the public hearing on the intent to annex the 4.24- acre parcel described as Tract B-1, Certificate of Survey No. 1827, as set forth in Commission Resolution No. 3337, entitled: COMMISSION RESOLUTION NO. 3337 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN . TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE A CONTIGUOUS TRACT, HEREINAFTER MORE PARTICULARL Y DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Assistant Planner Therese Berger presented the staff report. She stated the subject 4.24 acres, located immediately north of Lot 1 of The Gallatin Center, is vacant. She noted that it is currently zoned" AS", and the next public hearing involves rezoning to an urban designation. The Assistant Planner noted that staff has reviewed this application in light of the four goals and eleven policies set forth in Commission Resolution No. 3137, and those comprehensive findings are contained in the written staff report previously submitted. She noted that the Development Review Committee has reviewed this application and recommended approval, subject to the following issues being addressed: 1 . The Annexation Agreement, which addresses all conditions placed on the annexation application by the City Commission, shall be returned to the City of Bozeman within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of . the property with the Annexation Agreement. The map must be supplied on a mylar (18 inches by 24 inches) for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, at the time the Annexation Agreement is submitted. 4. At the time existing or new structures apply for connection to the City's water and sewer facilities, the landowners shall pay all applicable water 12-20-99 -, - 19 - and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the . following: a) A City-wide Parks Maintenance District; and b) Street improvements including paving, curb/gutter, sidewalk, storm drainage and any associated traffic signals for Valley Center Road. Mr. Jerry Gaston, consulting engineer representing the applicant, indicated concurrence with the staff report and a willingness to respond to questions. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the Commission authorize and direct staff to bring back an annexation agreement addressing Item Nos. 1 through 5, above, for review and possible action by the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. . Public hearina - Zone MaD Amendment from "AS" to "B-2" - Amerimont. Inc. - 4. 24-acre Darcel described as Tract B-1. COS No. 1827 (located alona east side of Valley Center Road. iust north of its intersection with Catron Street) (Z-99133) This was the time and place set for the public hearing on the Zone Map Amendment from "AS", Agricultural Suburban, to "B-2", Community Business, as requested by Amerimont, Inc., under Application No. Z-99133, on a 4.24-acre parcel described as Tract B-1, Certificate of Survey No. 1827. The subject property is located along the east side of Valley Center Road, just north of its intersection with Catron Street. Mayor Youngman opened the public hearing. Assistant Planner Therese Berger presented the staff report. She stated that staff has reviewed this application in light of the twelve criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She noted that, following its review on December 7, the Zoning Commission concurred in staff's recommendation for approval. She indicated that, to date, no public comment has been received. Mr. Don DuBeau, applicant, indicated concurrence with the staff report and a willingness to respond to questions. . No one was present to speak in opposition to the requested zone change. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated that he looked at the site this weekend and voiced his concerned about extending the commercial zoning further north than it already is. In light of the significant amount of commercial and business park zoned property along North 19th Avenue, he will not support this requested rezoning. 12-20-99 - 20 - Mayor Youngman noted that the North 19th Avenue corridor has added a significant amount of commercially zoned property to the community and questioned whether that additional amount has resulted in being out of proportion with the population base. She asked if this issue was taken into consideration during review of this application. Assistant Planner Berger responded that the subject property is located between Valley Center Road and the off-ramp for 1-90, across the road from Costco and a motel. She stressed . that, because of its location, this property is not suitable for residential development. Commissioner Smiley noted that, even with the amount of commercial property that exists in the community, a number of businesses cannot find properties either small enough or large enough. She suggested that this subject parcel could be appropriate for small business development and indicated her support for the requested rezoning. Mayor Youngman asked what the options might be, particularly since the subject parcel is not appropriate for residential development. She noted the subject property is back from North 19th Avenue, and it was originally determined the commercial development along North 19th Avenue would serve as a buffer for the residential development to the west. She suggested that the location of the residential development be identified to ensure that commercial zoning and development do not encroach into that area. Commissioner Smiley stressed that residential development adjacent to freeways is not appropriate. She noted that, in California, there are housing developments adjacent to freeways; and they often reek of exhaust fumes, depending on the weather and winds. Commissioner Rudberg noted that several years ago, the Planning Board had some experts from the State give a presentation on traffic, noise and zoning; and they made it very clear that a commercial buffer should be provided between North 19th Avenue and residential development. She then indicated her support for the requested rezoning. . Commissioner Kirchhoff expressed concerns about the proposed rezoning, stating that he cannot support it. Assistant Planner Berger noted that the property to the south is zoned commercial. She also noted that water and sewer are readily available to the subject site. Responding to Mayor Youngman's suggestion that business park zoning be considered, the Assistant Planner stated that the subject property is designated as commercial in the master plan. Commissioner Frost stated he does not feel it is appropriate to extend commercial zoning north of Valley Center Road at this time, although he recognizes it may be appropriate to do so at some time in the future. Commissioner Kirchhoff stated he feels the massive commercial development occurring along the North 19th Avenue corridor is contrary to what was originally planned, and he is concerned about the 1 % -mile strip of commercial development that greets people as they exit the interstate and enter the community. Mayor Youngman stated that, while she is concerned about the additional commercially zoned property, she cannot envision any other use of the subject property. . Commissioner Rudberg cautioned that properties on the fringes of the city do not have to annex to develop; rather, they could develop on individual water and sewer systems, which would result in impacts on City infrastructure and services without any revenues from taxes or fees. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Zone Map Amendment from "AS", Agricultural Suburban, to "B-2", Community Business, as requested by Amerimont, Inc., under Application No. 2-99133, on a 4.24-acre parcel described as Tract B-1, Certificate of Survey No. 1827, and authorize and direct staff to bring back an ordinance enacting the zone change upon completion of the annexation and the applicant providing an accurate legal description. The motion carried by the 12-20-99 - 21 - following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No being Commissioner Frost and Commissioner Kirchhoff. Public hearing - intent to annex 91.267-acre Darcel located in the SE%. Section 35. T1 S. R5E. MPM (Gardner Simmental Plaza. located along the east side of North 19th Avenue. north of . Baxter Lane) This was the time and place set for the public hearing on the intent to annex a 91.267- acre parcel located in the Southeast one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, as set forth in Commission Resolution No. 3338, entitled: COMMISSION RESOLUTION NO. 3338 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE CONTIGUOUS TRACTS, HEREINAFTER MORE PARTICULARL Y DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He noted that the annexation agreement for this subject property was accepted by the City in April 1974 and, at that time, the Commission also approved rezoning of the subject property to "M-1", light Manufacturing. He stated that, under the annexation agreement, the subject property has been connected to the City's sewer system, which constitutes a contract for municipal service. He noted that, under SID No. 665, the Northwest Waterline has recently been installed, and City water service is now available to this property as well. He stated that several new hydrants . have also be installed in conjunction with that waterline, and the fire response time falls within standards. He indicated that the police are often the first responder to alarms at the present time and secure the property until the Sheriff's Department arrives. The Assistant City Manager noted that the property to the west and the south is in city limits, and the parcel to the east is the subject of a pending annexation application. Assistant City Manager Bray stated that staff has reviewed this application in light of the four goals and eleven policies in Commission Resolution No. 3137; and staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He noted that, because action on this annexation is being taken in accordance with the annexation agreement previously executed, several of the policies are not applicable. He then indicated that no fire or street impact fees will be assessed on developed properties, although expansion of those buildings could trigger impact fees. He also noted that, for properties developed prior to March 1996, no impact fees will be assessed for water or wastewater, although expansions could trigger those as well. He indicated that those properties which have developed since March 1996 and connected to City water and sewer services have paid the associated impact fees. He then proposed that any future development within this property will be subject to the applicable impact fees. The Assistant City Manager noted that the recent expenditure of approximately $12 . million in demonstration funds, urban funds and general obligation bonds on the North 19th Avenue corridor and the new interchange provides arterial access from this subdivision to both the interstate and Main Street. Assistant City Manager Brey stated that the State statutes require the City to notify the voters in this subject subdivision, and a call to the Elections Department revealed there are no resident voters. He indicated that the City has also notified the property owners of this proposed annexation and, to date, the only response has been a form from the State of Montana requesting annexation. No one spoke in support of or in opposition to the proposed annexation. 12-20-99 - 22 - Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commission Resolution No. 3344 - annex 91.267-acre Darcel located in the SEY-.. Section 35. T1 S. R5E. MPM (Gardner Simmental Plaza. located along the east side of North 19th Avenue. north of Baxter lane) . Included in the Commissioners' packets was a copy of Commission Resolution No. 3344, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3344 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF lAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3344, annexing the 91.267-acre parcel located along the east side of North 19th Avenue and north side of Baxter lane, commonly known as Gardner Simmental Plaza, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. Adjournment - 8:00 p.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. ~I] MARCIA B. YOU~Yor ArrEST: ~J~~ ROBIN l. SULLIVAN Clerk of the Commission . 12-20-99 .n __ ....__.____.______