Loading...
HomeMy WebLinkAbout1999-11-15 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 15, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Monday, November 15, 1999, at 7:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner- Elect Kirchhoff, 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 - ADril 26. June 21. July 6. July 19. Auaust 2. August 16. SeDtember 7. SeDtember 20. October 28. November 1 and November 8. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of April 26, June 21, October 28, November 1 and November 8, 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 and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of July 6, July 19, . August 2, August 16, September 7 and September 20, 1999, to a later date. Selection of fifth Commissioner It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commissioner-Elect Steve Kirchhoff be seated as the fifth Commissioner for the remainder of the calendar year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Swearina in/seatina of new Commissioner Clerk of the Commission Sullivan administered the Oath of Office to Commissioner-Elect Steven R. Kirchhoff, after which he was seated. Mayor Youngman welcomed Commissioner Kirchhoff and noted that the party for the new Commission will be held in conjunction with the reorganization of the Commission, scheduled for 10:00 a.m. on Monday, January 3, 2000. . Public hearina - Commission Resolution No. 3330 - intent to annex 34.555 acres described as COS No. 2085. in the SE%. Section 2. T2S. R5E. MPM (between Durston Road and West Oak Street. east of Covered Waoon Mobile Home Park and west of the Gallatin County Rest Home) - Gene E. Cook for Roy T. Walton (A-9908) This was the time and place set for the public hearing on Commission Resolution No. 3330, entitled: 11-1 5-99 ,- - 2 - COMMISSION RESOLUTION NO. 3330 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He reviewed the location of the subject property, which lies south of the Bridger Peaks Subdivision, west of the Gallatin County Rest Home, north of the school property, and east of Nelson Mobile Home Court, all of which are located inside city limits. He noted that, with the annexation of this property, the Covered Wagon Mobile Home Park will be a wholly surrounded parcel. The Senior Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings and stated that, based on those findings and input from the Design Review Board, staff has identified the following eight issues to be addressed prior to or in the Annexation Agreement: 1. That the applicant execute at the Gallatin County Clerk and Recorder's Office waivers of right-to-protest creation of S.I.O.s for improvements to Durston Road to city street standards and signalization improvements at the intersection of Durston Road and North 15th Avenue. 2. That the applicant execute at the Gallatin County Clerk and Recorder's Office a waiver of right-to-protest creation of S.I.D.s for a City-wide Park . Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 3. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount determined by the Director of Public Service at the time the property is developed through subdivision or site plan review. 4. The property owner should be advised that street and utility easements for the extension of public streets may be required at the time the property is developed. This could include the extension of public streets through the property. 5. The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, stormwater master plan and traffic impacts. 6. At the time existing or new structures apply for connection to the City's water and sewer facilities, the landowner(s) shall pay all applicable water 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. 7. An annexation map with a legal description of the property must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18-inch by 24-inch), and on an 8 % -inch by 11-inch or 8 % -inch by 14-inch paper for filing with the Annexation Agreement with the County Clerk and Recorder. This map 11-1 5-99 - -----.. -... - 3 - must be acceptable to the Director of Public Service and shall be submitted with the signed Annexation Agreement; and 8. That the applicant execute all contingencies of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body. The Senior Planner characterized these issues as basically bOilerplate issues addressed in all annexation agreements. He then noted that, just prior to the meeting, a memo from . Street/Sanitation Superintendent Roger Sicz, dated November 12, was distributed. He indicated that, in that memo, the Superintendent has recommended another item be added, as follows: 9. That the property owner, Roy T. Walton, terminate, or cause to be terminated, the judgment against the City of Bozeman for damage stemming from the piping and contamination of the irrigation ditch. The Senior Planner stated that this judgment, which was issued in 1978, involves the construction of improvements to North 15th Avenue and Durston Road, which included piping of the irrigation ditch. Senior Planner Skelton stated that the Planning Office has received some public comment on this requested annexation, noting that the concerns voiced pertain to development of the site; and those issues are more appropriately addressed during subdivision review and zoning. Mr. Gene Cook, applicant, stated he has been working with staff on this requested annexation and the subsequent zone change. He then indicated his willingness to accept the conditions listed above, including the added one. . Ms. Jessie Hubbert stated her home is in Nelson Mobile Home Park and backs up to the fenceline. She asked if North 15th Avenue will be extended northward in a straight line or if it will be located against the fenceline of the mobile home park. Senior Planner Dave Skelton stated that development of the site is in the conceptual stage, and that plan is what has triggered the request for annexation and the subsequent zone map amendment. He stated that North 15th Avenue has been designated as a collector and will extend northward to Oak Street and then further north to Baxter Lane. He noted that its northward extension will be from its current intersection with Durston Road, for which signalization is anticipated in the future, but its alignment from that point northward is not currently known. Mr. Gene Cook stated that he has several discussions with Ms. Esther Nelson, owner of the mobile home park, and they have informally agreed to install a privacy fence together to reduce the impacts of North 15th Avenue, which he anticipates will be located along the west edge of this parcel. He noted that he has also had several meetings with the Recreation and Parks Advisory Board, and that Board has discouraged him from using a narrow strip of parkland to buffer the mobile home park from the street; rather, the Board has encouraged him to provide usable parkland in the core of the site. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the Commission authorize and direct staff to bring back an Annexation Agreement addressing Item Nos. 1 through 9 listed above, for Commission consideration. 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. 11-1 5-99 - 4 - Public hearina - Zone MaD Amendment from "AS" to "R-O" and "R-3" - Gene E. Cook for Rov T. Walton - 34.555 acres described as COS No. 2085. in the SE%. Section 2. T2S. R5E. MPM (between Durston Road and West Oak Street. east of Covered Wagon Mobile Home Park and west of the Gallatin Countv Rest Home) (Z-99113) This was the time and place set for the public hearing on the Zone Map Amendment requested by Gene E. Cook for Roy T. Walton, under Application No. Z-99113, to change the zoning on 34.55 acres described as Certificate of Survey No. 2085 from" AS", Agricultural . Suburban", to .. R-O", Residential--Office, and "R-3", Residential--Medium-density. The subject property is more commonly located between Durston Road and West Oak Street, east of the Covered Wagon Mobile Home Park and west of the Gallatin County Rest Home. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted the proposed zone map amendment establishes the appropriate zoning for urban density development, stressing that no specific development proposal has been submitted. He stated that the applicant is seeking rezoning of the north half of the property to "R-O" and the south half of the property to "R-3". He briefly reviewed the permitted and conditional uses in each of those zones, which would allow for professional offices on the north half of the site and a variety of housing types on the south half. The Senior Planner stated that staff has reviewed this application in light of the twelve criteria set forth in the State statutes, and the staff's comprehensive findings are contained in the written staff report. He noted that, as a result of those findings, staff has recommended modification of the rezoning to allow for rezoning of only the north one-third of this property to "R-O" with the remaining two-thirds being rezoned to "R-3". He stated that the City Planning Board considered this application at its meeting held on November 2 and, following that public hearing, concurred in staff's recommendation. . The Senior Planner reminded the Commission that the subject property is located in the North 19th Avenue/West Oak Street sub-area master plan, which has identified West Oak Street as the demarcation between commercial to the north and residential to the south. He also noted that the sub-area plan provides for additional landscaping and buffering along the roadway. Mr. Gene Cook stated he does not have any specific development plans at this time; however, he anticipates a variety of housing types, in the lower end of the price range, on the southern portion of the property and possibly some office development peripheral to development of the adjacent County property on the north end. No one was present to speak in opposition to the requested zone map amendment. 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 approve the Zone Map Amendment requested by Gene E. Cook for Roy T. Walton, under Application No. Z-99113, to change the zoning on 34.55 acres described as Certificate of Survey No. 2085 from "AS", Agricultural Suburban", to "R-O", Residential--Office, and "R-3", Residential--Medium-density, subject to the following: . 1. That the applicant obtain approval by the City Commission to annex said property to the corporate limits of the City of Bozeman and execute the Annexation Agreement for said property. 2. That the applicant provide the Planning Office with a legal description containing the metes and bounds, and acreage of said zone map amendment prepared by a licensed Montana surveyor for review and approval by the City Engineer's Office. 11-15-99 - -- .--.. -- -.-....-....- --.- --.-- -..- . ..___. .__..._.._... _ ._n_ - 5 - 3. That the "R-O", Residential Office District, zoning designation be limited to the north one-third of the property that fronts along West Oak Street. 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. . Commission Resolution No. 3335 - setting fees for the columbarium at $unset Hills Cemetery Included in the Commissioners' packets was a copy of Commission Resolution No. 3335, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3335 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING FEES CHARGED FOR THE COLUMBARIUM AT THE SUNSET HILLS CEMETERY. Superintendent of Facilities and lands James Goehrung noted that, included in the packet, was a memo from him dated October 26, forwarding the Cemetery Board's recommendations and the minutes from the meeting of October 21, at which this issue was discussed at length. He noted that the Cemetery Board will review the entire fee structure for the cemetery at its meeting in February; but they requested that the fees for the columbarium, which is a new feature at the cemetery, be established now so that niches can be offered. Mr. Tom Olson, owner of Bozeman Granite Works, voiced his concern about the proposal that the City supply the bronze plaques, since that would set a bad precedent of the City competing with private business. He stressed that it is not the amount of money involved that is the issue; rather, it is the issue of competition. . Responding to Commissioner Rudberg, Mr. Olson stated that the $75 fee proposed by the Cemetery Board is the factory cost; and he cannot provide them for that amount. Further responding to Commissioner Rudberg, Superintendent Goehrung stated that the brass plaques are cast individually. He noted that, under the recommendations forwarded by the Board, the brass plaques are to be "plain vanilla" with the individual's name, date of birth and date of death only. He stated this recommendation was based on the Board's discussion that the columbarium wall is different from the graves, where space separates the headstones; and the Board members felt a uniform appearance was important in this instance, to avoid the distraction that might result if individual plaques are allowed. He indicated that the doors on the niches are 12 inches by 12 inches, and the plaques are 10 inches wide, thus limiting the amount of information on each plaque. Commissioner Smiley stated she has seen columbariums where people are allowed to put what they want on the plaques, and it looks nice. She noted the City should not provide the plaques at cost and should not consider becoming involved in another program that does not make money. She concluded by characterizing the proposed uniformity in plaques as "NIMBYism beyond the grave". Commissioner Rudberg stated she agrees with the fees for the deed and opening and closing, but she cannot support the fee for the plaque. She also stated that when burying a . loved one, one should have the opportunity to individualize the tombstone or plaque, staying within the size allowed. Commissioner Frost stated his concurrence, recognizing that uniqueness in burial is important, as long as that individuality is confined to the standard size plaque. He then suggested that the City could provide plaques, as recommended by the Cemetery Board, for those who choose to use that option or who cannot afford a different one. 11-1 5-99 . -.---.--.---- - 6 - Responding to questions from Mayor Youngman, City Attorney Luwe stated that this resolution only sets the fees; and any rules and regulations pertaining to the columbarium and the plaques must be adopted by ordinance at a future meeting. Responding to Mayor Youngman, Superintendent Goehrung stated that a number of vendors provide the brass plaques, which are individually cast when ordered. He indicated that a specific size standard must be set, with the layout of the bolt pattern being identified. He also indicated that decorative rosettes may be used to cover the bolt holes if the City does not require a plaque and an individual chooses not to purchase one. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3335, establishing the fees for the columbarium at Sunset Hills Cemetery, be adopted as revised to delete the fees for plaques. 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. Staff reDort - reauest from CLC Associates. Inc.. on behalf of Kav H. Martinen and George E. Westlake to annex 2.573-acre Darcel located in the NE~. Section 1. T2S. R5E. and NW~. Section 6. T2S. R6E. MPM (extending east from WalMart site) (A-9910) Included in the Commissioners' packets was a copy of the staff report on the annexation of a 2.573-acre parcel located in the Northeast one-quarter of Section 1, Township 2 South, Range 5 East, and the Northwest one-quarter of Section 6, Township 2 South, Range 6 East, as requested by CLC Associates, Inc., on behalf of Kay H. Martinen and George E. Westlake under Application No. A-9910. The subject property is more commonly located east of the WalMart site. Assistant Planner Joni Killebrew presented the staff report. She noted that the subject property is located immediately to the east and south of the existing WalMart site and lies . between 1-90 and West Oak Street. She stated that the property lying immediately to the south of the WalMart store is currently inside city limits; however, this additional 2.5-acre parcel is needed to accommodate a proposed expansion, to become a super center with a grocery store. The Assistant Planner stated that staff has reviewed this application in light of the goals and policies established by the Commission, and the staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings, noting that staff has recommended that the following items be addressed prior to or in the Annexation Agreement: 1. The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of Bozeman within one year of the City Commission's vote to annex the property, or the annexation approval will be 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-inch by 24-inch) for City records and on either letter or legal size paper for filing with the Annexation Agreement with the Gallatin County Clerk and Recorder. This map 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. The Annexation Agreement shall include executed Waivers of Right to Protest the Creation of Special Improvement Districts for: 11-1 5-99 -------- -- -- --- -- - 7 - a. A City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for city parks. The documents filed shall specify that in the event an 5.1.0. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square . footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission acknowledge receipt of the staff report on the request for annexation of a 2.573- acre parcel located immediately east of WalMart. 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. Commission Resolution No. 3336 - intent to annex 2.573-acre Darcel located in the NE%. Section 1. T2S. R5E. and NW%. Section 6. T2S. R6E. MPM (extending east from WalMart site): set Dublic hearing for December 20. 1999 Included in the Commissioners' packets was a copy of Commission Resolution No. 3336, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3336 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. Mr. Don White, attorney representing the property owners, stated his concurrence with the staff report and recommendations given in the previous agenda item. He noted that WalMart has identified the need for the five acres inside city limits plus the 2 % -acre strip to the east of the existing store for its proposed expansion. He recognized that the remainder of the property owned by Mr. Westlake and Ms. Martinen now fronts on West Oak Street; however, he stated there are no plans for developing it at this time. He noted, rather, the owner intends to continue farming that land until it is developed. He then encouraged the Commission to consider the good history that the property owners have of working with the City and providing the right-of-way needed for the extension of Oak Street. Commissioner Rudberg stated she has no problem with the annexation as requested, recognizing that the extension of Oak Street will probably result in a development proposal within a short time. Responding to questions from Commissioner Rudberg, City Attorney Luwe confirmed that if the Commission chooses to not approve the annexation of this sliver, but to seek annexation of the entire parcel, it must direct staff to bring back a new resolution for the entire parcel. He then indicated that if a majority of the property owners protest that annexation, then the property may not be annexed and the City may not pursue its annexation again for a . at least one year; although, the property owners may once again seek annexation within that one-year period. Commissioner Frost voiced his concerns about the proposed piecemeal annexation of this property, particularly in light of the costs that the City might encounter with development of this area if the entire parcel is not annexed at this time. Commissioner Smiley stated she has no problem with proceeding with the annexation as requested, stating she feels the remainder will be annexed in the near future. She also 11-1 5-99 _ ___________.___...____._____... _on _______.__._____ - 8 - stressed the importance of recognizing the property owners' willingness to work with the City and to provide the needed right-of-way for the Oak Street extension. Mayor Youngman stated she appreciates the cooperation which the City received in the extension of Oak Street. She stated, however, that when property is broken into little pieces for the convenience of one development, it is more difficult to get the needed infrastructure commitments. As a result, she feels the entire parcel should be annexed at this time, rather than the proposed sliver. . Commissioner Rudberg stated it is important to recognize that the subject property will not develop in the county, since it will need City services for that development. She expressed concern that the property owner will be assessed street and tree maintenance assessment on a wheat field if the entire parcel is annexed at this time. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3336, stating the City's intent to annex a 2.573-acre parcel immediately east of WalMart, be adopted. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley and Commissioner Rudberg; those voting No being Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman. Discussion re request for City's financial commitment toward acauisition of additional Darkland in Sundance SDrinas Subdivision City Manager Johnson noted that, at last week's meeting, the Commission heard a presentation from Russ and Lisa Tuckerman regarding possible rearrangement of lots in the southeast corner of the Sundance Springs Subdivision and the attendant reduction in the amount of parkland to be acquired. He noted that, at that time, the Commission also received a request for financial commitment toward the acquisition of that property, and reminded the Commission that the deadline for fundraising is December 31 . . Responding to Commissioner Rudberg, Mayor Youngman stated that conversations with County Commission Chair Bill Murdock revealed the County Commission generally seems receptive to contributing something toward this purchase, particularly since this property is bordered by both city and county properties. She then suggested that if a match program is created, communication with the public will be very important and proposed that follow-up letters be mailed to those who have already donated or pledged, with encouragement to forward it to a friend. She also suggested that an advertisement be placed in the Bozeman Daily Chronicle, encouraging people to give a holiday gift to the community. Commissioner Rudberg noted that the monies in the County's Parkland Trust Fund are for the entire county, and those in the outlying areas could be opposed to spending a significant portion of those monies on acquisition of this property. Superintendent of Facilities and Lands James Goehrung noted that the City has Parkland Trust Fund monies plus the $75,000 budgeted annually for implementation of the parks master plans. He stated that the last expenditure from the Parkland Trust Fund was for the purchase of Burke Park, and the current balance in that fund is slightly under $84,000. Responding to Commissioner Frost, City Manager Johnson stated that the current balance in the Haynes monies is $196,000, with $180,000 of that being committed to the pavilion at the Fairgrounds, leaving $16,000 not yet appropriated. . Mayor Youngman suggested earmarking the remainder of the Haynes monies for this project, with the remainder of the funding not yet being identified. City Manager Johnson noted the City can commit to a certain amount of monies prior to December 31; however, he suggested that the actual expenditure of those monies may not occur until after the first of the year. 11-15-99 - 9 - Commissioner Rudberg suggested that the City challenge the community to match the City's contribution, at the rate of $2 for every $1. She noted that, on that basis, the total leveraged could be $150,000. Mrs. Lisa Tuckerman encouraged the Commission to identify the leverage factor, so they can begin distributing information. She then indicated that the monies will probably not be needed until next spring or summer, since Mr. Potter must first obtain several different approvals before the possibility of acquiring a smaller portion of the property can become a reality. She then reminded the Commission that if not all of the approvals are forthcoming, this . process will not move forward. Responding to Commissioner Kirchhoff, Mrs. Tuckerman estimated that under the revised proposal, approximately 8 of the original 14 acres would be acquired for additional parkland. She stated that the ten new lots would abut this parcel; however, the closest back yard would be approximately 200 feet from the trail, with the buffer being 300 to 500 feet in most locations. She indicated that the negotiated price for that property will be based on a fair return on PC Development's investment. She concluded by stating that she and her husband are willing to co-sign the loan; however, if the price is not significantly reduced, it will be out of their reach. Mr. Russ Tuckerman noted that Gardner Park is an undeveloped city park, and McLeod Park is located very close. He stated that, with the acquisition of this parcel, there will be 24 acres of wildlife corridor and riparian area; and both city and county parks would be connected via a trail. City Attorney Luwe cautioned that the monies paid into the City's Parkland Trust Fund must be from properties in close proximity to the property being purchased and, as a result, noted that staff must review the sources prior to determining if any monies are available for this purpose. Commissioner Frost suggested that the Commission direct staff to look for monies during . the next few weeks, with the Haynes monies serving as a base for the City's contribution. He characterized this as a precedent for providing open space within the community, and suggested that inventorying the existing open space is also needed. Responding to Commissioner Rudberg, the City Manager stated he feels it would be possible to identify $50,000 within the City's budget for this project. He then stressed the importance of "systems think", cautioning that this is only one of many, many financial requests that the Commission will be receiving over the next few months. He cited the proposal that will be forwarded by the 9-1-1 Board at the December 13 meeting as another example of receiving a single financial request that must be considered in the context of the financial needs of the overall organization and cautioned that making individual systems in a vacuum is risky. He recognized that, in this instance, if the Haynes monies and then other monies from those already earmarked for parks are used for the City's contribution, the integrity of the overall City structure should not be compromised. Commissioner Rudberg stated she feels her proposed match of $1 City dollar for every $2 community dollars will generate $150,000 for the project, which will help it become a reality. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the Commission commit up to $50,000 in City funds, as a two-for-one challenge grant to be . matched by citizen donations, including unearmarked portion of Haynes monies, and direct staff to identify possible park-related sources for the remaining amount needed during the normal budget process. 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. 11-1 5-99 ~ -...--- . -.-.-.-..-- . --.... -.....- -.. - 10 - Discussion re susDension of Design Review Board members who do not meet current requirements City Attorney Luwe noted that, at last week's meeting, the Commission directed staff to bring back an ordinance to change the requirements for serving as a citizen member on the Design Review Board. He stated that a review of the circumstances has suggested this change can be processed as an emergency ordinance, and it will be placed on the December 6 agenda for public hearing and adoption. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission suspend those members of the Design Review Board who do not meet the current requirements, pending revision of those requirements. 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. Discussion ra tODics for ioint City-County Commission meeting on December 13 City Manager Clark Johnson stated the 9-1-1 Administrative Board has requested an opportunity to do a presentation on a proposed mill levy. Commissioner Smiley requested that the presentation also clarify the statement in the Director's letter regarding overtime. Mayor Youngman stated that she spoke to County Commission Chair Bill Murdock today, and it seems the vast majority of the joint meeting will be devoted to the 9-1-1 presentation and discussion. She stated the County Commission also plans to give a brief update on the West Babcock Street project. The Commissioners decided that these are the only two topics to be included on the list for the joint meeting. . Discussion - Commissioner Droiects 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 ) Copy of a note from Gary Tschache thanking the City for cleaning the streets. (2) Copy of a letter from Engineering Assistant Andy Kerr to property owners in various locations, notifying them that parking from 2:00 a.m. to 7:00 a.m. would no longer be prohibited in those areas. (3) Copy of a memo from County Planning Director Beland to the County Commissioners, dated November 2, regarding the mill levy for the "donut area". . (4) Copy of a publication entitled The Principles of Smart Development, as submitted by Planning Director Epple. Commissioner Rudberg asked if this information is to be used by the Planning Department. Commissioner Smiley responded that this is information which the Planning Director felt would be valuable in the master plan update process. 11-1 5-99 _____.___..____.__..____._ ___.._._ _n._ - 11 - (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 16, in the Commission Room. (6) Agenda for the City Planning Board meeting to be held at 5:30 p.m. on Tuesday, November 16, in the Commission Room. (7) Agenda for the County Commission meeting to be held at 9;00 a.m. on Tuesday, November 16, at the Courthouse. . (8) City Manager Johnson submitted his weekly report, as follows. (1) Stated that last week, he discussed the schedule for Commission orientation with staff and, as a result of that discussion, a schedule for meetings in January was developed. He distributed a copy of that schedule, noting that staff felt it was better to move the entire orientation to January rather than trying to cram sessions in during the holiday season. (2) Stated that he attended the Chamber of Commerce retreat at Dead Rock last Thursday and Friday. He noted that they worked on the mission statement and discussed re-establishing relations with the City Commission. (3) Stated that he will be attending a 9-1-1 Administrative Board retreat and meeting on Wednesday and Thursday. (4) Announced that on Friday, he and the Mayor will attend the Quarterly meeting of City Managers and Mayors in Billings. (9) City Attorney Luwe stated he will be attending the 9-1-1 Administrative Board meeting on Thursday and Friday and will be attending the MMIA monthly board meeting on Friday. (10) Assistant City Manager Brey submitted the following. (1) Stated that the parking lot at the southeast corner of West Mendenhall Street and North Willson Avenue is open and has been striped; however, realigning the curb cuts will not occur until next spring and the result is erratic parking in the lot. (2) Stated that the third house on South Bozeman Avenue is now on the market. (11 ) Clerk of the Commission Sullivan submitted the following. (1) Announced that . Karen Murphy will start work as the Deputy Clerk of the Commission tomorrow. (2) Stated that she will attend a leadership training seminar in Helena on Wednesday and will be out of the office on Friday for a meeting. ( 12) Commissioner Rudberg submitted the following. (1) Thanked staff for the article in Sunday's newspaper recognizing the Finance Department's receipt of the distinguished budget award from the Government Finance Officers' Association. (2) Noted that the Planning Department has received good press on its open houses, which begin this evening. (3) Stated she has received a letter from Peak Property Management, which she gave to City Attorney Luwe. ( 13) Responding to Commissioner Rudberg, Assistant City Manager Ron Brey stated that an opportunity for public input must be included in the transportation plan update. He noted, however, that he has not yet seen the schedule for that update process. (14) Commissioner Smiley submitted the following. (1) Stated that the work plan committee and the publicity committee of the Planning Board have been meeting weekly in preparation for the open houses being held this week. She noted that the committees are also working on developing a table of contents for the new master plan, which can be revised as needed in light of these community meetings and other input. (2) Stated the County trails committee is working hard to find all of the trails that exist and the trails that are planned, . noting that the only trails being planned are within the Bozeman city limits. ( 15) Mayor Youngman submitted the following. (1) Stated that, when going through her files this weekend to identify some of the materials to be included in the orientation of the new Commissioners, she ran across the information submitted by City Manager Johnson in his application. She suggested that updating of that information and putting it in a three ring binder so pages can be changed out when needed, could be beneficial in the orientation process. The Commission concurred. (2) Stated she enjoyed talking to the sixteen legal profession members and supreme court justices from the Middle East and Africa who visited Bozeman last week. 11-1 5-99 ----- - 12 - Consent Items City Manager Johnson presented to the Commission the following Consent Items. Staff reoort - request from Amerimont. Inc.. to annex 4. 24-acre Darcel described as Tract B-1. COS No. 1827 (located alona east side of Vallev Center Road. iust north of its intersection with Catron Street) (A-9909) . Commission Resolution No. 3337 - intent to annex 4.24-acre Darcel described as Tract B-1. COS No. 1827 (located alona east side of Vallev Center Road. just north of its intersection with Catron Street): set Dublic hearina for December 20. 1999 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 PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manaaer to sign - Sewer and Water PiDeline and Access Easement and Agreement - Michael Veon. President of Forest View Estates. Inc. - 30-foot-wide easement across Lots 2 and 3. Poncelet Minor Subdivision (northeast corner of intersection of Bridaer Drive and Birdie Drive) Authorize City Manaaer to sian - Sewer and Water PiDeline and Access Easement and Aareement - Raymond G. Carkeek. President of Yellowstone Realtv and Develooment. Inc. - 45-foot-wide easement across Lot 30. Bridaer Creek Subdivision. Phase I (north side of Bovlan Road. west of Birdie Drive ) . Staff reDort - intent to annex 91.267-acre Darcel located in the SE%. Section 35. T1 S. R5E. MPM (Gardner Simmental Plaza. located alona the east side of North 19th Avenue. north of Baxter Lane) Commission Resolution No. 3338 - intent to annex 91.267-acre oarcellocated in the SE%. Section 35. T1 S. R5E. MPM (Gardner Simmental Plaza. located alona the east side of North 19th Avenue. north of Baxter Lane): set Dublic hearina for December 20. 1999 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. Authorize City Manaaer to sian - Sewer and Water PiDeline and Access Easement and Aareement - James W. and Joanne B. Kack - 30-foot-wide strio across Tract C. unnumbered survey Dlat in Book 15 of Deeds. Paae 492 . (along north side of Bridger Drive) Authorize City Manager to sign - Sewer and Water PiDeline and Access Easement and Aareement - Bozeman Deaconess Health Services - 30-foot-wide strio across NE%. Section 18. T2s. R6E. MPM (Hillcrest Retirement Center) Approve cancellation of Commission meetinas of November 22 and December 27 .1999 Claims 11-1 5-99 n.__ ._____._ _n_.._.__ __ __ _mn_.._______ - 13 - It was moved by Commissioner Rudberg, seconded by Commissioner Frost, 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 Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. Adjournment - 8:55 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. 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. ~f~aYor ATTEST: (l~ J ~ ROBIN L. SULLIVAN Clerk of the Commission . . 11-1 5-99