Loading...
HomeMy WebLinkAbout1999-07-06 Minutes, City Commission ----.----- ---- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 6, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Tuesday, July 6, 1999, at 3:00 p.m. Present were Commissioner . Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Stiff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Mavor Stiff from this meetina. in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the absence of Mayor Stiff from this meeting be authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. Minutes - SeDtember 8. 1998. Amil 5. ADril 19. ADril 26. June 21 and June 28. 1999 . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the minutes of the meeting of June 28, 1999, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none. Mayor Pro Tempore Youngman deferred action on the minutes of the meetings of September 8, 1998, April 5, April 19, April 26 and June 21, 1999 to a later date. Ordinance No. 1497 - amendina ChaDters 13.12 and 13.16 of the Bozeman MuniciDal Code. to establish Citv's resDonsibilities and customers' resDonsibilities for maintenance of service lines. meters. curb boxes. fire lines and backflow valves. and Droviding for rates for water consumDtion to be set bv resolution Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1497, as approved by the City Attorney, entitled: ORDINANCE NO. 1497 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 13.12.320,13.12.330,13.12.340,13.16.010 AND ADDING SECTIONS 13.12.322, 13.12.323, 13.12.324, AND 13.12.375 PROVIDING FOR THE CITY TO MAINTAIN SERVICE LINES FROM THE MAIN WATER LINE TO THE CURB BOX, REQUIRING NEW PROPERTY OWNERS MAINTAIN THEIR SERVICE LINES FROM THE CURB BOX TO THE METER, PROVIDING FOR THE CITY'S RESPONSIBILITY FOR MAINTENANCE OF METERS, AND PROVIDING FOR RATES FOR WATER CONSUMPTION TO BE SET BY RESOLUTION. 07-06-99 - .--- ----- .- .--..----- .------.. - 2 - Included in today's packet was a memo from Staff Attorney Patricia Day-Moore, dated June 29, 1999. Director of Public Service Phi II Forbes reminded the Commissioners that this ordinance changes the maintenance responsibilities for water service lines from the City to the customer, for new and renewed services from effective date of ordinance forward. He noted that minor revisions to one of the new provisions was made after provisional adoption of this ordinance, and a copy of that revision was submitted at last week's meeting. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance . No. 1497, amending Chapters 13.12 and 13.16 of the Bozeman Municipal Code, to establish City's responsibilities and customers' responsibilities for maintenance of service lines, meters, curb boxes, fire lines and backflow valves, and providing for rates for water consumption to be set by resolution, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. Ordinance No. 1498 - setting the salaries for heads of deDartments for Fiscal Year 1999-2000 Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1498, as approved by the City Attorney, entitled: ORDINANCE NO. 1498 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY OF THE HEADS OF DEPARTMENTS OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that . Ordinance No. 149B, fixing the monthly salary of the heads of departments for Fiscal Year 1999-2000, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. Commission Resolution No. 3298 - settina budaet for Fiscal Year 1999-2000 Included in the Commissioners' packets was a copy of Commission Resolution No. 3298, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3298 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2000. City Manager Clark Johnson assured Mayor Pro Tempore Youngman that adoption of this resolution includes monies for GalaVan, as reflected in the minutes from the public hearing. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3298, setting the budget for Fiscal Year 1999-2000, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No being Commissioner Rudberg. 07-06-99 .. . ... - _.. ,. u_ __._ .__.._.__.. - 3 - ADDointments to Beautification Advisory Board. CDBG Economic DevelODment Loan Review Committee. Community Affordable Housina Advisory Board. Desian Review Board. Downtown ImDrovement District Board. Historic Preservation Advisory Board. library Board of Trustees. Parking Commission. Pedestrian/Traffic Safety Committee and Tree Advisorv Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated July 1, 1999, forwarding the list of applicants for the various boards and commissions. Beautification Advisory Board . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Harold Goetsch be reappointed to a three-year term on the Beautification Advisory Board, to expire on June 30, 2002, that Terry Quatraro be appointed to replace Chad Groth with a term to expire on June 30, 2002, and that Sally Owens be appointed to replace Mary Oliveros Acord, with a term to expire on June 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. Community Development Block Grant (CDBG) Economic Development Loan Review Committee It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Greg Metzger be reappointed as a representative from a company which had received a former loan on the Community Development Block Grant Economic Development Loan Review Committee, with a two-year term to expire on June 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. The Mayor Pro Tempore requested that the remaining vacancy be placed on an upcoming agenda. . Community Affordable Housing Advisory Board Mayor Pro Tempore Youngman requested that, due to the lack of applications for this board, this item be placed on a future agenda. Design Review Board It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Mara- Gai Katz and Henry Sorenson be reappointed and that Melvin Howe be appointed to replace Bill Hanson as architects on the Design Review Board, with two-year terms to expire on June 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none. The Commissioners recognized that, due to the change in residency requirements for the non-professional members, a vacancy remains and requested that it be placed on a future agenda. Downtown Improvement District Board It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Barbara . "Bobby" Bear be reappointed and that Clarkson B. Rollins be appointed to replace Chris Pope on the Downtown Improvement District Board, with four-year terms to expire on June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. Historic Preservation Advisory Board It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that John 07-06-99 - 4 - DeHaas and Richard M. Shanahan be reappointed as professional members, Jayne Ellyn Scott and James Webster be reappointed as neighborhood representatives, and Mara-Gai Katz, Rob Pertzborn and Stephen Tanner be reappointed as at-large members on the Historic Preservation Advisory Board, all with two-year terms to expire on June 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. library Board of Trustees It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Brenda . Molen Davis be reappointed to a five-year term to expire on June 30, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none. Parking Commission It was moved by Commissioner Frost, seconded by Commissioner Smiley, that John East be appointed to replace Jim Westberg on the Parking Commission, with a four-year term to expire on June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. Pedestrian/Traffic Safety Committee It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Kip King be appointed to replace Greg Kuhl on the Pedestrian/Traffic Safety Committee with a term to expire on December 31, 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. . Tree Advisory Board It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Anne Foster and Frank Munshower be reappointed and that Jon Gerster be appointed to replace Steve Gullickson, all with two-year terms to expire on June 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none. Discussion - Commissioner Droiects (1 ) Mayor Pro Tempore Youngman stated that she will miss the Health Board retreat to establish health codes, which is scheduled for Thursday. She asked that Commissioners forward their input to her, so she can forward it to the Health Officer prior to that retreat. (2) Mayor Pro Tempore Youngman stated that a field trip into the Sourdough Creek drainage is scheduled for July 28, and noted all members of the Commission are invited to attend. She noted that issues to be discussed include stewardship of the timberlands, inventory of the timber, logging issue, recreation issues and water quality. (3) Mayor Pro Tempore Youngman stated that she, Neighborhood Coordinator James . Goehrung and DES Coordinator Mike Hoey are working on the Y2K brochure, which will provide solid, helpful information for city residents. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. 07-06-99 --..--- ----- .--..--.----......-. - - 5 - (1 ) Invitation to attend the first annual family picnic for AARP and Retired Teachers, to be held at 5:30 p.m. on July 12 at Lindley Park. (2) Letter from Judy Hammond, Historic Preservation Advisory Board member, informing the Commission that a group called the "Friends of the Ellen" has been formed. (3) Memo from Clerk of the Commission Sullivan, dated July 1, forwarding an update on last week's activities. . (4) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. on Tuesday, July 6, in the Commission Room. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, July 7, in the Commission Room. (6) Agenda for the County Commission meeting which was held at 1 :30 p.m. on Tuesday, July 6, at the Courthouse. (7) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Thursday, July 15, at the City Hall in Belgrade. (8) City Manager Johnson submitted his weekly report, as follows. (1) Stated there is some discrepancy in opinions on occupancy of the new Chamber of Commerce building prior to installation of the traffic signal; however, the record is reasonably clear that occupancy will not be allowed until the signal is installed. (2) Spent time last week dealing with contractor issues regarding building permits, particularly in light of the transition in impact fee rates. (3) Announced that Assistant City Manager Brey is out of the office until Thursday. (4) Requested a special meeting next week for a public hearing on a variance for Mr. Bockhahn, to allow him to begin construction prior to having the infrastructure in place. He noted that the requested special meeting is due to the change in impact fees on July 15; the Commissioners indicated . a willingness to hold the requested special meeting. (9) Commissioner Rudberg submitted the following. (1) Asked if the $67,500 expenditure approved by the Montana Department of Transportation for transit vehicles is for the GalaVan program; Commissioner Frost indicated he does not know. (10) Commissioner Rudberg stated her support for the handbook that Historic Preservation Officer Strahn has suggested. She noted that she would like to see an October 31 deadline set for the handbook. She also indicated her support for addressing the SAE house first, rather than addressing preservation on a community-wide basis. She cautioned, however, it is important to remember that the SAE House is privately owned property, and it may not be possible to raise the monies needed to acquire and restore it. She then reminded the Commission of the Silent Knight Muffler property and the fact that the owner did not approve its placement on the Register of Historic Places. Commissioner Smiley stated her support for the proposed handbook, but stressed it is important to recognize one's property rights rather than pressuring preservation of the property. Commissioner Frost voiced his support for developing a handbook, both for this and future projects. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receiDt of staff reDort - reauested annexation of Parcel 2 of Mandeville Subdivision. located in Section 36. T1 S. R5E. MPM (33.415 acres southwest of 1-90. east of Simmental Way and north of Baxter Lane) (A-9902) 07-06-99 .... . - ..... u_.__._ _._. u.... .___ - .-.---.-...-..-.- - 6 - Commission Resolution No. 3299 - intent to annex Parcel 2 of Mandeville Subdivision. located in Section 36. T1S. RSE. MPM (33.41S acres southwest of 1-90. east of Simmental Way and north of Baxter Lane): set Dublic hearing for August 2. 1999 COMMISSION RESOLUTION NO. 3299 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. Acknowledae receiDt of staff reDort - reauested annexation of .550 acres described as the south 160 feet of Tract 12. Beatty's Alder Court Subdivision. located in the SE%. Section 13. T2S. RSE. MPM (1604 West Lincoln Street) (A-9903) Commission Resolution No. 3300 - intent to annex .SSO acres described as the south 160 feet of Tract 12. Beatty's Alder Court Subdivision. located in the SE%. Section 13. T2S. R5E. MPM (1604 West Lincoln Street): set Dublic hearing for August 2. 1999 COMMISSION RESOLUTION NO. 3300 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. Acknowledge receiDt of staff reDort - reauested annexation of. 2.0-acre Darcel described as COS No. 17. located in the SE%. SW%. Section 3S. T1S. RSE. MPM (S404 East Baxter Lane) (A-9904) Commission Resolution No. 3301 - intent to annex 2.0-acre Darcel described as COS No. 17. located in the SE%. SW%. Section 35. T1S. RSE. MPM (5404 East Baxter Lane): set public hearing for Auaust 2. 1999 COMMISSION RESOLUTION NO. 3301 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. Authorize staff to initiate concerted effort to aather information. identify worthwhile alternatives and develoD comDrehensive Dlan for Dreservation of the SAE house Authorize City Manaaer to sian - AcceDtance of Sewer and Water PiDeline and Access Easement and Aareement - Don Bockhahn - 30-foot-wide easement across 1304-1312 West Babcock Street 07-06-99 --------------- - - 7 - Authorize City Manager to sign - Amendment to Construction Contract for West Beall Street Paving ImDrovements (SID No. 664) - Bia SkY ASDhalt. Inc. Acknowledae receiDt of and aDDrove staff reDort re reauest for extension of sewer service outside city limits submitted by Robyn Darvis. 5349 East Baxter Lane. subiect to conditions in staff reDort dated June 25. 1999 ADDlication for Restaurant Beer and Wine License for Calendar Year 1999 - John Bozeman's Bistro. 125 West Main Street . Commission Resolution No. 3302 - callina for sale of $112.000 SDecial Sidewalk. Curb. Gutter and Allev ADDroach Bonds. Series 1999. and authorizing Dledge of the Revolving Fund to the security thereof COMMISSION RESOLUTION NO. 3302 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, RELATING TO $112,000 SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH BONDS, SERIES 1999; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF AND MAKING FINDINGS WITH RESPECT TO AND AUTHORIZING THE PLEDGE OF THE REVOLVING FUND TO THE SECURITY THEREOF. Authorize Clerk of the Commission to advertise for Dublic hearina at sDecial meetina on July 26 to Dledae the City's SID Revolvina Fund to the security of the Sidewalk Curb. Gutter and Alley ADDroach Bonds. Series 1999 Award bid for Sidewalk Installation and reDairs - JTL GrouD. Inc.. Belgrade. Montana - in the bid amount of $126.439.40 . Authorize City Manaaer to sign - Amendment No.2 to Professional Services Agreement for 1997 Sewer Rehabilitation Proiect - Thomas. Dean and Hoskins. Inc.. Bozeman. Montana Authorize City Manager to sign - Amendment No.5 to Professional Services Agreement for Water System ImDrovements Corrosion Control Proiect - Damschen and Associates. Inc.. Helena. Montana Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. Executive session re litigation strategy - Bozeman Solvent Site Mayor Pro Tempore Youngman announced her intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, . noting that if the issues were discussed in open meeting, it would have a detrimental effect on the litigating position of the City in the Bozeman Solvent Site case. At 3:45 p.m., Mayor Pro Tempore Youngman called an executive session for the purpose of discussing litigation and asked all of the persons except the City Manager, City Attorney Luwe, Attorney Barry O'Connell and Clerk of the Commission to leave the room. At 4:40p.m., Mayor Pro Tempore Youngman closed the executive session and reconvened the open meeting. 07-06-99 -------- --------- - 8 - Break - 4:40 to 4:45 D.m. Mayor Pro Tempore Youngman declared a break from 4:40 p.m. to 4:45 p.m., in accordance with Commission policy. Executive session re Dersonnel Mayor Pro Tempore Youngman announced her intent to close the meeting and enter into . executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing personnel. At 4:45 p.m., Mayor Pro Tempore Youngman called an executive session for the purpose of discussing personnel issues and asked all of the persons except the City Manager, City Attorney Luwe and Clerk of the Commission to leave the room. At 4:53p.m., Mayor Pro Tempore Youngman closed the executive session and reconvened the open meeting. Recess - 4:53 D.m. Mayor Pro Tempore Youngman declared a recess at 4:53 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Pro Tempore Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Au(horize siQna(ure on Bozeman Solven( Site Settlement Agreement Mr. Barry O'Connell, attorney representing the City in Jewel versus City of Bozeman, stated this was filed in 1992. He noted that, as the result of two settlement conferences, a tentative agreement has been reached wherein Jewel will pay the City $1.2 million, and one of the operators of the dry cleaner will pay $50,000. In addition, Jewel has waived their claim for $1.7 million of their costs. He stated that, ultimately, the Montana Department of Environmental Quality is "the engineer of the train" in determining the remedial actions that will be required. Under the settlement agreement, Jewel and the City will split the first $4 million of those costs on a 50/50 basis and, thereafter, Jewel will be responsible for 70 percent of the costs. Mr. O'Connell noted, in addition, it is anticipated an alternate extension of water to the North 19th Avenue area, along Frontage Road, will be required at an anticipated cost of $508,000; and Jewel is to bear 50 percent of those costs. Mr. O'Connell noted that the City has received payments from various insurance carriers to help cover the costs it has incurred and, to date, approximately $1,011,000; and USF&G and Safeco will continue to fund 23 percent of the ongoing costs, within the confines of the policies. . Mr. Barry O'Connell recognized that it is possible the City could obtain more or less if it were to proceed to court in this case. He stated, however, that he feels this is a good settlement agreement which allows the City to recoup a good percentage of the funds expended. He also noted that this settlement will allow the parties to work with the Department of Environmental Quality to complete the remediation phase. Mr. O'Connell thanked City staff for their work in pulling together information and assisting him in this process. He also credited Dr. Michael Nicklin, who prepared the draft 07 -06-99 --------- - ___. ._._________ou.._ __0..______..______.._ - 9 - remediation plan. He noted that when the problem was initially identified in 1989, there were 714 parts per billion of PCE at the Nelson Mobile Home Park; last week, there were 7 parts per billion; and the limit is 5 parts per billion. He concluded by encouraging the Commission to seriously consider, and approve, this settlement agreement. Ms. Ann Arbor Miller, reporter for the Bozeman Daily Chronicle, asked what impact this settlement agreement will have on the existing sewer surcharge and plans to sunset it, and whether there will be any rebate to residents. City Manager Johnson responded by noting the proposed alternate water source to the . area between Interstate 90 and the East Gallatin River is estimated to cost $1 million to $2 million, if ordered in by the Department of Environmental Quality. He also noted that on-going monitoring of the site and the wells will also cost monies over the next few years. He recognized that this settlement agreement will result in an infusion of monies into the Sewer Fund; however, he cautioned that with its current financial state and the potential remediation expenditures, it will be in a negative position. He projected that the 37-percent portion of the surcharge scheduled for sunsetting on June 30, 2001, will probably still occur on that date. Commissioner Rudberg thanked those who have worked on this issue over the past ten years. She also thanked the taxpayers and ratepayers who have borne the increased bills, recognizing that the grumbling has been minimal. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize the Mayor or Mayor Pro Tempore to execute the proposed settlement agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. Public hearing - COA with deviations from Sections 18.50.160 and 18.20.050. Bozeman . MuniciDal Code. to allow constructiQn of a 20-foot bv 22-foot rear addition to existino non- conforming house which encroaches 4 feet into reauired 8-foot side yard setback on lots 13 and 14. Block 7. Beall's Third Addition - Jim Schipf and Annette Piccirillo for 415 North Grand Avenue (Z-9972) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Jim Schipf and Annette Piccirillo under Application No. Z-9972, with deviations from Sections 18.50.160 and 18.20.050, Bozeman Municipal Code, to allow construction of a 20-foot by 22-foot rear addition to existing non-conforming house which encroaches 4 feet into required 8-foot side yard setback on Lots 13 and 14, Block 7, Beall's Third Addition. The subject property is more commonly known as 415 North Grand Avenue. Mayor Pro Tempore Youngman opened the public hearing. Associate Planner John Sherman presented the staff report. He stated the applicant is proposing the construction of a 20-foot by 22-foot bedroom addition with full basement at the rear of the existing residence. He noted that the existing house encroaches 4 feet into the required 8-foot side yard, and the applicant is proposing to maintain that line along the addition. Associate Planner Sherman stated that staff has evaluated this application against the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the . written staff report. He noted that staff is generally supportive of the application, noting that non-conforming structures are often the character-defining features in older neighborhoods. He stated that a review of the neighborhood has also revealed several other homes in the immediate area encroach into the setbacks. He concluded by forwarding staff's recommendation for approval, subject to the three standard conditions. Mr. Jim Schipf, applicant, indicated his concurrence with the staff report and a willingness to respond to questions. 07-06-99 -- ..- --- .----. ------- - 10 - No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Pro Tempore 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 Jim Schipf and Annette Piccirillo under Application No. Z-9972, with deviations from Sections 18.50.160 and 18.20.050, Bozeman Municipal Code, to allow construction of a 20-foot by 22-foot rear . addition to existing non-conforming house which encroaches 4 feet into required 8-foot side yard setback on Lots 13 and 14, Block 7, Beall's Third Addition, subject to the following conditions: 1. The applicant shall obtain a demolition permit for the demolition of the existing rear structure prior to construction. 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 3. 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 approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none. . Public hearing - COA with deviation from Section 18.50.050.F.1.. Bozeman MuniciDal Code, to allow construction of new two-car garage with workshoD and overhead storaae and Dotential home office SDace on Lots 23-24. Block 11. Butte Addition - Alan and Emilv Hooker. 11 02 South Third Avenue (2-9979) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Alan and Emily Hooker, under Application No. Z-9979, with deviation from Section 18.50.050.F.1., Bozeman Municipal Code, to allow construction of a new two-car garage with workshop and overhead storage and potential home office space on Lots 23 and 24, Block 11, Butte Addition. The subject property is more commonly located at 1102 South Third Avenue. Mayor Pro Tempore Youngman opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated the applicant is proposing to construct a new two-car garage and workshop in the rear yard, with a new curb cut and driveway to serve it. He noted the proposed structure is to encroach approximately six feet into the required ten-foot rear yard setback for accessory buildings. The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's findings are contained in the written staff . report which was included in the Commissioners' packets. He indicated that staff is generally supportive of the application, with their major concerns revolving around the request for a second curb cut and driveway for this property. He noted that under the zone code, single- family homes are allowed only one driveway per street face, and the drive access is not to be closer than 8 feet to the side lot line. He stated that, to address this concern, one of the recommended conditions of approval is that if the existing garage is converted to living space, that driveway is to be removed. He noted another recommended condition of approval is that if the existing mature Mountain Ash tree, which the applicant planted on the boulevard several 07-06-99 ---.---- ... .--.------ -.---. ...- . - 11 - years ago, cannot be preserved in its present location due to the new driveway, it either be relocated or the City compensated for its estimated value of $639. Mr. Alan Hooker, applicant, stated he has no problem with moving the tree and, in fact, prefers that to cutting it down. No one was present to speak in opposition to the application. Since there were on Commissioner objections, Mayor Pro Tempore Youngman closed the public hearing. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness, as requested by Alan and Emily Hooker, under Application No. Z-9979, with deviation from Section 18.50.050.F.1., Bozeman Municipal Code, to allow construction of new two-car garage with workshop and overhead storage and potential home office space on Lots 23 and 24, Block 11, Butte Addition, subject to the following conditions: 1. As per Director of Public Service's recommendations, if the existing attached garage is eventually converted to residential use, the existing driveway shall bed removed at the owner's expense. 2. Given the fact that the proposed new driveway will cause a mature Mountain Ash in the boulevard strip to be removed, the applicant shall compensate the City of Bozeman for the estimated value of the tree (Le., $639.00) or compensate the City of Bozeman for the cost of relocating the tree to another appropriate location. Specific details regarding the compensation or relocation shall be worked out with City Forester Ryon Stover and confirmed in writing with the City Planning Office prior to the issuance of a building permit. . 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 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 approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. Public hearing - Zone MaD Amendment from AS to M-1 - State of Montana DeDartment of Natural Resources and Conservation - 22 + acres described as Parcel 2. Mandeville Subdivision. situated in the W%. Section 36. T1S. R5E. MPM (northeast corner of Baxter Lane and Simmental Way) (Z-9957) This was the time and place set for the pUblic hearing on the Zone Map Amendment . from "AS", Agriculture Suburban, to "M-1 ", Light Manufacturing, as requested by the State of Montana Department of Natural Resources and Conservation under Application No. Z-9957, on 22 + acres described as Parcel 2, Mandeville Subdivision, situated in the West one-half of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at the northeast corner of the intersection of Baxter Lane and Simmental Way. Mayor Pro Tempore Youngman opened the public hearing. 07-06-99 - 12 - City Manager Johnson requested that this public hearing be continued to August 2. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that this hearing be continued to August 2, as requested by staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those voting No, none. Public hearing - Zone MaD Amendment from AS to PLI - D.J. KamD and Associates for the deRham Familv Trust - 23 + acres described as the east 500 feet of a tract of land located in . the NW%. Section 25. T2S. R5E. MPM (north side of Goldenstein Road at South Third Avenue [south of Goldensteinl extended) (Z-9942) This was the time and place set for the public hearing on the Zone Map Amendment from "AS", Agriculture Suburban, to "PU", Public lands and Institutions, as requested by D.J. Kamp and Associates for the deRham Family Trust under Application No. Z-9942, on 23:t acres described as the east 500 feet of a tract of land located in the Northwest one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located along the north side of Goldenstein Road at South Third Avenue (south of Goldenstein) extended. Mayor Pro Tempore Youngman opened the public hearing. Assistant Planner Therese Berger stated she has just received a letter from Mr. Dan Kamp, architect representing the applicant, requesting that the public hearing on this zone map amendment be continued until a full Commission is present, in light of the fact that a super- majority vote is required because of the protests received. Break - 7:28 to 7:35 D.m. . Mayor Pro Tempore Youngman declared a break from 7:28 p.m. to 7:35 p.m., to give staff an opportunity to talk to the applicant's representatives. Public hearina - Zone MaD Amendment from AS to PLI - D.J. KamD and Associates for the deRham Familv Trust - 23 + acres described as the east 500 feet of a tract of land located in the NW%. Section 25. T2S. R5E. MPM (north side of Goldenstein Road at South Third Avenue [south of Goldenstein] extended) (Z-9942) City Manager Clark Johnson reminded the Commission that the transition from city- county zoning to county zoning in the extraterritorial area is currently underway; and if this Commission does not make a decision before July 27, it will become the County's jurisdiction and decision. He noted that the public hearing has been advertised for tonight and recommended that the Commission accept public input with the record of this hearing, as well as the file, being forwarded to the County if necessary. Mr. Dan Kamp indicated that he will wait until a full Commission is present before making his presentation. Mr. Billy Odneal, 4200 South Third Avenue, stated his is the closest occupied property to Eagle Mount. He noted that one of the properties under consideration in this application is . a conditional wetland, on which the Army Corps of Engineers would not allow any building. He questioned whether this proposed zone map change includes any of the Eagle Mount property and, if so, if additional building would be allowed there. He expressed concern that, at the present time, the traffic volumes are heavy on South Third Avenue and Goldenstein lane and additional development will only compound the problem. He concluded by voicing his opposition to the requested "PU" zoning designation. 07-06-99 ., . ',.,~ ., ,. -.:..:....;:11'1:'.::: ~ r:,,~:';"""'~',:-' - 13 - Mr. Joe Zinner, 113 South Wallace Avenue, stated he was born and raised in the valley, and what he sees appalls him, particularly with "house upon house built on the floodplain". He concluded by voicing his opposition to the requested zone change. Mr. Frank Elliott stated he lives on Goldenstein Lane, across the road from this proposed site. He expressed concern about the integrity of the land, noting that the wetlands in this area begin across from his driveway and meander northeast through the subject property. He noted that at the present time approximately 4 of the 13 acres are not farmed, apparently because they are too wet. He stated the estimated watertable in this area is 0 to 3 feet below the surface, which does not make a good building site. He stressed that the intent of the" AS" . zoning district is to preserve agricultural areas and open space and encouraged the Commissioners to not approve this requested zone change and protect this area. Mr. Wyeth Anderson, 703 South Third Avenue, stated his support for the requested zone change, noting that the Boys and Girls Club needs a location. He noted that the club does not have the monies to purchase the land for a facility, and the property owner has indicated a willingness to donate the land if their facility can be accommodated. He expressed concern about the accusations about trying to undermine the zone code and being sneaky. He noted that Montana is one of the few states in which the Boys and Girls Club does not have a strong club. He stressed the need for a strong program, particularly in Bozeman, and noted it could be an anchor for the rest of the state. He concluded by encouraging approval, recognizing it may not be the perfect location for their organization but it will work well. Mrs. Joann Elliott, 6800 Goldenstein Lane, stated she owns the farmland immediately across the road from Eagle Mount. She stressed the importance of remembering that this hearing is about rezoning, not about the wants or needs of a specific applicant. She noted that Eagle Mount was developed through a conditional use permit under the existing "AS" zoning and has had very little impact on the neighborhood. She suggested that, rather than going through rezoning to "PU", any application for development should be subject to the planned unit development process to ensure its compatibility with the surrounding area. . Mr. Carroll Henderson, 2140 Chambers Drive, stated he is a member of the Board of Directors for the Boys and Girls Club. He stressed the importance of recognizing the differences between functional and dysfunctional families. He noted that the club helps to address the needs of latchkey kids and those whose single mothers may work as much as 70 hours a week to try to make ends meet. He recognized, after his years of sitting on the City- County Planning Board, that anytime a development is proposed in a residential area, there will be protests. He noted that those protests must be considered, and then the Commission must makes its final decision. He stated that the proposed clustering of non-residential facilities in this area is appropriate, particularly since it will allow for planning of the entire area with the compactness of three institutions being a part of the overall plan. He noted that this type of planning can also give protection to the surrounding area. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission continue this public hearing to a future date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none. Resianation of Mavor Stiff City Manager Clark Johnson read into the record a letter from Mayor Stiff, dated July . 6, 1999, forwarding his resignation as City Commissioner and Mayor of the City of Bozeman, effective July 7. He cited his health and the medical advice of his doctor as the reasons for this resignation. City Attorney Luwe distributed a copy of the statutory provisions pertaining to the resignation of the Mayor and how that vacancy is to be filled. He noted that under the old Commission/Manager form of government, the vacant Commissioner position is to be filled by the four remaining Commissioners until the next general election has been held and the new Commissioner qualified and seated; and the Mayor position is to be filled from the four 07-06-99 - 14 - Commissioners "by lot". He noted the method used is not established in the State statutes but must be determined by the Commissioners prior to the selection process. He then recommended that, since the Mayor's resignation has just been received, the Commission set the replacements of the Mayor and the Commissioner for an upcoming meeting so the issue can be properly noticed. Commissioner Rudberg suggested that, based on what has happened tonight and in light of the fact that the Commission has once again assumed jurisdiction over variances, it is important to select and seat a fifth Commissioner as quickly as possible. . Commissioner Rudberg then suggested that the Commissioners consider appointing former Mayor Don Stueck to fill the vacancy. She cited his recent service on the Commission as an important attribute, particularly since he could "hit the ground running", and noted that he finished fourth in the last election so he would be a logical choice based on the electors' desires. Mayor Pro Tempore Youngman stated she feels it is premature to name specific names at this time and suggested, rather, that the Commission establish and utilize a formal selection process under which a list of names is submitted by each Commissioner with the desired result being the selection of an individual on which all four Commissioners, or at least a majority, can agree. She proposed that the process could be simple and lend itself to appointment of a replacement on July 19. She noted that this could include each Commissioner submitting a list of names to the Clerk of the Commission for compilation into a comprehensive list that would be distributed in the packets for next week's meeting. The list could include a phrase identifying the person and his/her experience if the individual is not well known to all Commissioners. The Commissioners could then circle or rank any and all candidates that would be acceptable to them, submitting that information to the Clerk of the Commission for compilation and inclusion in the packets for the July 19 meeting. She suggested that if common ground is reached, the new Commissioner could be selected and seated immediately or the Commission could move to an interview process if it so chooses. . Commissioner Frost expressed an interest in seeing a list of possible people to fill the position on an interim basis. Responding to Commissioner Rudberg, the City Attorney stated he does not know how other Cities have handled the filling of vacancies and cautioned that Bozeman is the only community in Montana operating under the old Commission/Manager form of government. Commissioner Smiley stated it is sad that Mayor Stiff has become so ill it is necessary to resign. She then indicated that, while she is interested in Commissioner Rudberg's solution, she can understand the proposal submitted by Mayor Pro Tempore Youngman. Commissioner Rudberg suggested that the Commission should not consider anyone who does not have previous Commission experience or sought election. She also stated she feels it is important for the appointee to have "the same persuasion as AI Stiff", particularly since this is a non-partisan position. In response to questions from the Commission, City Attorney Luwe cited the dictionary definition of "lot" and reiterated that the Commission must determine the process prior to the designation of the new Mayor. As a result of the Commission discussion, the Commissioners are to submit their lists . of names to the Clerk of the Commission by 10:00 a.m. on Thursday, with those names to be compiled and forwarded in the Commissioners' packets for next week's meeting. Adjournment - 8:22 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 07-06-99 ----.,.----- ..----- --..---.. --.. - 15 - Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those voting No, none. ~ <11~ MARCIA B. YOUN A, Mayor Pro Tempore ATTEST: .~.YJ~~/ ROBIN L. -8l1tU\tAN Clerk of the-~~omriljssipn - - ._-~ - ._.~-~_. -.. - . - ..- ".1. ...- --- .' ................ ..,- -. . . 07-06-99