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HomeMy WebLinkAbout1999-06-21 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 21, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Monday, June 21, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper 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 - SeDtember 8. 1998. ADril 5. ADril 19. ADril 26. June 7 and June 14. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of June 7 and June 14/ 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 Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of September 8/ 1998 and April 5/ April 19 and April 26/ 1999, to a later date. . Request for modification of condition of aDDrova' of Dreliminarv Dlat for Harvest Creek Subdivision. Phases I-IV, to allow acclicant to financiallv auarantee his portion of the reauired signalization imcrovements at Durston Road and North 19th Avenue (Condition No. 12) - Homelands Develocment Co.. L.L.C. (P-9762B) This was the time and place set for consideration of a request for modification of Condition No. 12 for approval of the preliminary plat for Harvest Creek Subdivision, Phases I through IV, as requested by Homelands Development Co./ L.L.C., under Application No. P-9762B, to allow the applicant to financially guarantee his portion of the signalization improvements at the intersection of Durston Road and North 19th Avenue. Senior Planner Dave Skelton presented the staff report. He stated the applicant is seeking modification of one of the conditions of approval for Harvest Creek Subdivision so that it is similar to the language in the conditions of approval for other recently approved developments which will also impact that intersection and must also participate in the improvements. He noted that, during its review of this request, the Development Review Committee felt that full development of Phase I prior to installation of the signalization improvements was not appropriate, but 50 percent development would be. He concluded by reviewing the language of the modified condition, as recommended by the Development Review . Committee. He then indicated that the City-County Planning Board considered this application at its meeting of June 2 and, following that review, concurred in the recommended mod ifications. Mr. Tim Howard, Homelands Development Co./ stated that he is working on the development of an agreement between the City and the four developers involved in intersection improvements, noting that the agreement would provide for pooling of resources and be in the best interests of all parties involved. He noted that the plans for the improvements to the intersection of Durston Road and North 19th Avenue have been submitted to the Montana Department of Transportation, and those plans are now in the final review stage. He then indicated that he is seeking modification of the condition so that he can begin construction of 06-21-99 - 2 - some of the houses this summer, noting that the signal will probably not be installed until late summer or early fall and, under the condition as written, that would cause him to lose this construction season and drive up the costs of the houses. He concluded by encouraging Commission approval of this request. It was moved by Commissioner Rud~erg, seconded by Commissioner Frost, that the Commission approve the request for modification of Condition No. 12 for approval of the preliminary plat for Harvest Creek Subdivision, Phases I through IV, as requested by Homelands Development Co., L.L.C., under Application No. P-9762B, to allow the applicant to financially guarantee his portion of the signalization improvements at the intersection of Ourston Road and . North 19th Avenue, so that such condition shall read as follows: As stated in Chapter 16.18.050.0.7. of the Subdivision Code, the design objective for intersection operation shall be level of service "C" and under no conditions will less than level of service "0" be accepted for site operations. Arterial intersections and turning movements shall operate at level of service "C" . Therefore, all improvements necessary to provide a level of service "C" at the intersections directly impacted by any phase of this subdivision, as identified by the traffic impact analysis, shall be in place prior to filing of the final plat for that phase. The final character and configuration of the required improvements must be approved by the City Engineer as part of the Plan and Specification review process. As stated in Chapter 16.18.050.0.7. of the Subdivision Code, the design year to be used for those improvements is 15 years. The final plat for Phase I may not be filed until the improvements necessary to raise the level of service at the intersection of Durston Road and 19th Avenue to level of Service Care designed and constructed or financially guaranteed as part of an Improvements Agreement with the City of Bozeman. Pursuant to City Code, . no building permits may be issued until those improvements have been completed, inspected and accepted by the City Engineer. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Frost. Preliminarv Dlat for Baxter Creek Business Park - subdivide 17. 56-acre tract located in the N E % . . Section 9. T2S. R5E. for develooment of an eight commercial lot Dlanned unit develooment - Montana Ranch ProDerties. Inc.: Trio Ie Tree. L.L.C.: and Gardiner Green. Jr. (north side of US 191. west of Cottonwood Road) (P-9907) This was the time and place set for continued review of the preliminary plat for Baxter Creek Business Park, as requested by Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr., under Application No. P-9907, to subdivide a 17.56-acre tract located in the Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian, into eight commercial lots. The subject property is more commonly located along the north side of US Highway 191, west of Cottonwood Road. 06-21-99 _.. ...n_ _ ___ ..._______ .. - --.--.- .- - 3 - Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this application, the property immediately west of Billion Auto Plaza, which is business park zoned property, is to be subdivided into eight lots for commercial development. She noted that, under the next agenda item, a planned unit development, with different types of uses, is being proposed. She stated that one lot is to contain five acres and is anticipated to house an automobile dealership, and the remaining seven lots will range up to one acre in size. She reminded the Commissioners that they previously granted a variance to allow a decrease from 30 percent open space to 27 percent open space within this planned unit development. In exchange, the applicant is to dedicate additional property along the west side of Bronken Park, and the net result will be dedication of 0.6 acre more for open space than is required. . The Assistant Planning Director stated that the City-County Planning Board conducted the public hearing on this application at its June 2 meeting. Following that public hearing and consideration of the criteria, staff findings and public testimony, the Board concurred in staff's recommendation for approval, subject to several conditions. She noted that some concern was expressed about the level of service at the intersection of US Highway 191 and Cottonwood Road, particularly for left turns onto the highway; however, the Planning Board determined that two of the recommended conditions for approval adequately address that issue. Assistant Planning Director Arkell stated that this application includes six relaxations of the subdivision and zoning regulations regarding lot size, setbacks, rights-of-way, private streets within the subdivision at less than City standards, and delayed construction of sidewalks. Responding to City Manager Johnson, Assistant Planning Director Arkell stated that, under the conditions for approval of the Valley West Annexation, Durston Road is to be paved to the westernmost access to Bronken Park before tournament play; however, access to Bronken Park will be only from Cottonwood Road. She noted the Director of Public Service is suggesting that Durston Road be paved adjacent to Bronken Park because of the dust concerns for children playing on the fields; however, she cautioned that that paving may not be . completed before construction traffic begins using the road for development of this planned unit development. Responding to Commissioner Youngman, the Assistant Planning Director stated that the Planning Board discussed some of the requested relaxations at length, after which they voted to recommend approval. She then indicated that the Engineering staff has indicated they have no problem with either approval or disapproval of the request to install sidewalks within three years of approval. Mr. Mike Potter, representing the applicants, stated his concurrence with the staff report and recommended conditions. He characterized the planned unit development process as a long and arduous one which, he feels, has resulted in a good application. He concluded by encouraging Commission approval of this preliminary plat and indicating a willingness to respond to questions. Responding to Commissioner Rudberg, Mr. Potter stated that the sidewalks for which they are seeking relaxation are those along the individual lots. He noted that the sidewalks along the open space are to be installed either up front or in the first year. Commissioner Youngman stated she cannot support the application as proposed, noting that the Commission recently changed the policy regarding installation of sidewalks because of problems encountered with the delayed installation. She stressed the importance of sticking . to the policy and providing clear, consistent direction rather than being erratic. She also expressed concern about the requested reductions in setbacks. Commissioner Smiley stated that the reductions in -setbacks are being sought because they want to provide the biggest setbacks possible from the creek. Commissioner Rudberg stated that, while she can understand the concerns about installing sidewalks within a residential development, she feels that approval of the request for delaying installing of sidewalks in a commercial development is appropriate. 06-21-99 - 4 - Assistant Planning Director Debbie Arkell noted that the applicant proposes to realign Baxter Creek to its original position, instead of having it remain as a ditch through the property. She stated that the Design Review Board feels the relocation of the creek is a definite amenity to the project; however, it creates a hardship as it bisects the property and, as a result, it was determined the requested relaxation was appropriate. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for Baxter Creek Business Park, as requested by Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr., under Application No. P-9907, to subdivide a 17.56-acre tract located in the Northeast one-quarter of Section 9, . Township 2 South, Range 5 East, Montana Principal Meridian, into eight commercial lots, subject to the following conditions: 1. The approval of this subdivision/zoning PUD is based on the proposal contained in the submittal application received by the City-County Planning Office on March 30, 1999, as amended/supplemented on April 30, 1999. This approval includes the relaxation of the following regulations. All provisions of the Subdivision and Zoning regulations which are not specifically waived under this condition shall be complied with. a. Reduction of the minimum lot size of BP, Business Park, zoning district from one (1) acre to approximately three- quarters of an acre. b. Reduction of the 35-foot front yards on interior streets for parking and buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards to 15 feet for parking. c. Reduction of the interior street right-of-way widths from 60 . feet to 50 feet, as conditioned to require the streets to not be dedicated right-of-way, but to be a public access easement, owned and maintained by the Property Owners' Association. d. Reduction of the constructed width of interior streets from 37 feet to 30 feet. e. Allow Lots 5 and 6 to have less than the required 150-foot street frontage. f. Allow sidewalks adjacent to open space to be constructed within one (1) year of final plat filing, and sidewalks adjacent to lots to be constructed at the time the lots are constructed on, or within three years of final plat filing. 2. The final subdivision plat shall conform to all requirements of the applicable Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, show all existing and new easements, and be accompanied by all appropriate documents, certification by the State Department of Environmental Quality Subdivision Program, a final platting . certificate which is issued not less than 30 days prior to the date the final plat application is submitted, all required certificates, and utility statement. The Certificate of Treasurer must be amended to use the correct certificate, and the Certificates of Planning Director and Director of Administrative Services deleted. The appropriate number of mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3 %-inch floppy disk. 3. The developer shall have three (3) years from the date of preliminary plat approval to complete the conditions, conform to all regulations, and 06-21-99 - 5 - submit a complete application for final plat approval for the subdivision. This approval period may be extended by the City Commission upon request of the applicant as permitted in the subdivision regulations. 4. The final PUD plan must be submitted to and approved by the City prior to final plat approval, and the approved Development Guidelines and Covenants filed with the final plat of the subdivision. 5. The property owners shall provide and file with the final subdivision plat . a Waiver of Right to Protest Creation of SIDs for Fallon Street, including paving, curb/gutter, sidewalk, and storm drainage. The Waiver shall specify that in the event SIDs are not utilized for the completion of this project, the property owner(s) shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by the square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall be a covenant running with the land and shall not expire. 6. Prior to application for final plat approval, the subdivider shall enter into a Memorandum of Understanding with the Gallatin County Weed Control District, and a copy of the signed document shall be submitted to the Planning Office with the final plat application. A Covenant shall be placed on the final plat requiring the property owner(s) and/or Property Owners' Association to be responsible for the control of County declared noxious weeds. 7. All streets within the proposed subdivision shall be private, and the final plat shall provide 50-foot wide Public Access Easements for the streets rather than dedicated rights-of-way. All private streets shall be posted . "No Parking", and Montana Power Company standard street lights shall be installed on all private streets at the time the streets are constructed. 8. This subdivision shall be served by city water. If this involves connection of the J.C. Billion water system to the City of Bozeman water system, the Billion system must first be accepted by the City. If the requirements for acceptance of the system cannot be met, other means of connection to the city water system, as approved by the City Engineer, shall be implemented. If the Billion system is accepted by the City, the transfer of the system shall be formally completed by means of a dedication, and such dedication shall include an indemnification clause as approved by the City Attorney. 9. All infrastructure improvements including a) water and sewer main extensions and b) streets, sidewalks, and related storm drainage infrastructure improvements, shall be financially guaranteed or constructed prior to final plat approval. No building permits will be issued for the subdivision until all required on-site and off-site water, sewer, street and transportation improvements are completed and accepted by the City of Bozeman. . Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and public and/or private streets, and culvert sizing design calculations for the stream crossing, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The subdivider shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the pUblic infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. 06-21-99 -.---..---................ ..-----.. - 6 - 10. City standard sidewalks shall be constructed on all street frontages one foot off the property line, or as otherwise approved by the City Engineer, at the time the lots are constructed on, or within three years of final plat filing, whichever occurs first. The sidewalks adjacent to open space and the sidewalk within the US 191 corridor shall be constructed by the developer within one year of final plat filing. City sidewalk permits must be obtained, if applicable, prior to installation of the sidewalks. 11. A Storm Water Master Plan for the subdivision for a system designed to . remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The Master Plan must depict the maximum sized retention basin location, and show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The Plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. Any storm water ponds located within a park or open space area shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Ponds which serve the common infrastructure in the subdivision shall not be installed on private lots. While the runoff from individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review on the final site plan for each lot. . The final plan shall provide a storm drainage easement for the drainage swale serving Lots 2 through 6 along the west property line. 12. The 100 year flood plain boundary and flood elevations shall be shown on the final plat. The Montana Fish, Wildlife, and Parks, Natural Resource Conservation Service, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted by the applicant regarding the proposed project, and any required permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained for the subdivision work as well as for the creek relocation and crossing(s). Copies of the permits, or letters indicating permits are not required, must be submitted to the Planning and/or Engineering Offices prior to commencement of infrastructure construction or creek relocation. A 35-foot setback from the mean high water mark of the stream must be shown on the final plat. 13. Written easements, a minimum of 30-feet wide, for the water and sewer main extensions not located within public right-of-way shall be provided to and accepted by the City Engineer prior to installation of the utility. The utility shall be located in the center of the easement, and in no case shall the utility be less than 10 feet from the edge of an easement. . 14. Water rights or cash in-lieu thereof shall be provided when the application for the final plat is submitted, as agreed to in the Annexation Agreement filed in the office of the Gallatin County Clerk and Recorder. 15. Pursuant to Section 18.54.060.B.3.v.C. of the Bozeman Municipal Code and Section 16.18.050.D.7.d.3. of the Bozeman Area Subdivision Regulations, under no conditions will less than level of service "0" be acceptable for left turn movements onto Huffine Lane from Competition Drive and Cottonwood Road. The applicant shall provide plans, acceptable to the Director of Public Service and the Montana Department of 06-21-99 ---.------. -..-... - 7 - Transportation, that will bring the level of service of the Cottonwood Road/Huffine Lane and the Competition Drive/Huffine Lane intersections up to a minimum level of service of "D". The level of service with the mitigating measures in place will be certified by the applicant's engineer to the City. No construction shall begin until such time as the plans for these upgrades are approved and further, no building permits will be approved until the upgrades have been implemented. 16. The applicant shall complete a warrant analysis for the intersection of . Cottonwood Road and Huffine Lane. If a signal is warranted, the signal shall be in place prior final plat approval. As an alternative, the Final Plat may be approved if the signal is financially guaranteed in an amount of 150% of the estimated cost of the entire signalization, but under no circumstance will building permits be issued until the signal is in place. If a signal is not warranted at this time, the applicant shall file with the Clerk and Recorder's Office an executed Waiver of Right to Protest Creation of an SID for the signalization. The document filed shall specify that in the event an SID is not utilized for the completion of this improvement, 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. Additionally, if the signal is not warranted, 20% of one and a half times the estimated cost of a signal shall be financially guaranteed by the developer until such time as the lawsuit on impact fees is resolved. If the currently scheduled value of impact fees are determined to be enforceable, the financial guarantee shall be released. . 17. The applicant shall obtain an access permit from the Montana Department of Transportation for Competition Drive and comply with all requirements of the permit in addition to the other conditions of preliminary plat approval. A copy of the access permit shall be submitted to the City Engineer prior to construction of Competition Drive. 18. A note shall be added to the final plat that references the presence of high groundwater in the area, and that structures with basements are not recommended. 19. A 25-foot wide public trail easement shall be shown on the final plat, with the easement being located on one side of the Baxter Creek corridor open space. The developer shall construct a five-foot wide trail surfaced with natural fines within the easement, and the trail shall align to connect with the trail originating at Huffine Lane and continuing north along the west side of the trail to be constructed in the Billion Auto Plaza subdivision. If the trail corridor and trail cross the creek, a foot bridge shall be installed by the developer, after appropriate permits are obtained (310, 404, etc.). The design of the bridge shall be approved by the Recreation and Parks Advisory Board prior to construction. The trail shall either be constructed . or financially guaranteed prior to final plat approval. If financially guaranteed, the trail shall be installed within nine (9) months of final plat approval. 20. All contractors shall be advised by the subdivider that all construction related traffic associated with the development of and within the Baxter Creek Business Park shall be routed to and from the site via Huffine Lane, and that West Babcock Street east of Ferguson Road, and none of Durston Road be shall be utilized for construction traffic, with the exception of construction traffic from the Valley West gravel pit to the site. 06-21-99 .. -.-.- ---.----.----.-... . -.---- --- .. . .--...---.. .--- ---- ----------- -- - 8 - 21. The proposed 25-foot wide right-of-way at the east side of Lot 7 shall be increased to a 50-foot wide public access easement to provide adequate access to the property to the north, unless a 25-foot wide public access easement is obtained from the property owner to the north. A copy of the recorded easement shall be submitted with the final plat application. This street shall be named and constructed to the same standard as Norton Street and Competition Drive. 22. During construction of the infrastructure for the subdivision, mechanical . or electrical devices which create a loud, raucous or pulsating sound shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the device(s) unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Conditional Use Permit for Planned Unit DeveloDment - Baxter Creek Business Park - eiaht commercial lot olanned unit develooment on 17.56-acre tract located in the NEY4. Section 9. T2S. R5E - Montana Ranch ProDerties. Inc.: Trio Ie Tree. L.L.C.: and Gardiner Green. Jr. (north side of US 191. west of Cottonwood Road) (Z-9939) This was the time and place set for continued review of the Conditional Use Permit for the Baxter Creek Business Park Planned Unit Development as requested by Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr., under Application No. Z-9939, for an eight-lot commercial planned unit development on a 17.56-acre tract located in the . Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the north side of US Highway 191, west of Cottonwood Road. Assistant Planning Director Debbie Arkell presented the staff report. She stated that this application is for a planned unit development on the property which was the subject of the preliminary plat in the previous agenda item. She reminded the Commission that when the zoning on the Valley West Annexation was established, the applicants sought a "B-2", Community Business, zoning designation; however, the Commission denied that request and, instead, established a "BP", Business Park, zoning designation on the subject parcel. She noted that, at the time, the Commission recognized the applicant's desire to construct an automobile dealership on this site and determined it would be most appropriate to allow it under a planned unit development. The Assistant Planning Director stated that the initial list of uses submitted by the applicant was almost identical to the "B-2" uses listed in the zone code. She indicated that several of those uses were eliminated between the time the application was submitted and now; however, several more uses are to be eliminated under the conditions recommended by the Planning Board. Assistant Planning Director Arkell stated that under this planned unit development . application, the building envelope and general parking configuration for each lot are identified and, if the proposed development of a lot is to be completed in compliance with this plan and the development guidelines, the applicant may apply for a building permit, bypassing the zoning review processes. She noted that if the applicant wishes to construct a project not in compliance with the plan submitted in conjunction with this application or not in compliance with the development guidelines, then the zoning review process is triggered. The Assistant Planning Director stated that the City-County Planning Board conducted its public hearing on this application at its June 2 meeting. Following that public hearing and consideration of the criteria and the staff findings as contained in the written staff report, the Board concurred in staff's recommendations for approval, subject to eight conditions. 06-21-99 -- --- -.-- - 9 - Mr. Mike Potter, representing the applicants, characterized this planned unit development as being similar to the Valley Commons Planned Unit Development and the Parkway Plaza Planned Unit Development. He noted that, as a result of their prior experiences, it seems to make sense to seek a relaxation of the front yard setbacks, with more open space then being provided along the creek. He voiced his appreciation for the City allowing additional parkland to be dedicated for Bronken Park in conjunction with this development, and asked that the requested relaxations of the planned unit development standards be approved so that the open space can provide the greatest benefit possible. He assured the Commission that gaining efficiency with the setbacks will not compromise the overall development and that the architectural guidelines and landscaping requirements will still be met. . No one was present to speak in opposition to the requested Conditional Use Permit. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit for the Baxter Creek Business Park Planned Unit Development as requested by Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr., under Application No. Z-9939, for an eight-lot commercial planned unit development on a 17 .56-acre tract located in the Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. The approval of this subdivision/zoning PUD is based on the proposal contained in the submittal application received by the City-County Planning Office on March 30, 1999, as amended/supplemented on April 30, 1999. This approval includes the relaxation of the following regulations. All provisions of the subdivision and zoning regulations which are not specifically waived under this condition shall be complied with. a. Reduction of the minimum lot size of "BP", Business Park Zoning District from one (1) acre to approximately three- quarters of an acre. . b. Reduction of setbacks from 35-foot front yards on interior streets for parking and buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards for parking to 15 feet. c. Reduction of the interior street right-of-way widths from 60 feet to 50 feet, as conditioned to require the streets to not be dedicated right-of-way, but to be a public access easement, owned and maintained by the Property Owners' Association. d. Reduction of the constructed width of interior streets from 37 feet to 30 feet. e. Allow Lots 5 and 6 to have less than the required 150-foot street frontage. f. Allow sidewalks adjacent to open space to be constructed within one year of final plat filing, and sidewalks adjacent to lots to be constructed at the time the lots are constructed . on, or within three years of final plat filing, whichever occurs first. 2. The final PUD plan must be submitted to and be approved by the City, and the approved Development Guidelines and Covenants filed with the final plat of the subdivision. The developer shall have two (2) years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for final PUD plan approval. This approval period may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five (5) years. 06-21-99 - 10- 3. Seven copies of the final PUD plan showing how all conditions of approval will be addressed must be submitted. This submittal must include final Development Guidelines and Covenants, which must be filed at the Clerk and Recorder's Office, and a final landscape/open space plan. The final plan must comply with the submittal requirements of the appropriate section of the Bozeman Municipal Code. An Improvements Agreement must be signed by the applicant prior to final PUD plan approval. No building permits will be issued until the Final PUD Plan is approved and all required on-site and off-site water, sewer, street and transportation . improvements are completed and accepted by the City of Bozeman. If occupancy of any structure within the development is to occur prior to completion of all required improvements applicable to that lot/use, the Improvements Agreement shall be financially guaranteed as outlined in the zoning ordinance to secure the improvements required for the lot. 4. The landscape improvements within the US 191 and Baxter Creek corridor open space corridors, including the picnic area, shall be installed or financially guaranteed prior to final subdivision plat approval. If financially guaranteed, the improvements shall be completed within nine months of plat approval. An Open Space Maintenance Plan shall be submitted with the final PUD plan, as required in Section 18.54.060.C.4d, which creates a legal instrument setting for a plan for the permanent care and maintenance of open space and recreational areas. This portion of the plan must be approved by the City Attorney prior to final PUD plan approval. 5. If acceptable by the City Engineer, the sidewalks installed along Competition Drive may be installed in a curvilinear fashion. 6. A crosswalk shall be installed on Competition Drive at the location where . the trail crosses the street. The crosswalk design shall include a change in pavement, and the location and materials/method used shall be approved by the City Engineer during review of the plans and specifications for the infrastructure. 7. The Covenants/Design Guidelines shall be amended as follows (in addition to the amendments noted in the applicant's supplement): a. Paae 3. Section 1.5. Common Areas: Amend reference of "Enterprise Drive" to "Competition Drive", add Norton Street and the new street at the east edge of Lot 7. b. Amend Section VI. Page 28. Sian Guidelines, to ensure the sign styles are compatible throughout the development with regard to design and illumination. c. Add a section that explains that adjoining uses may be agricultural in nature, and the effects such use may have on the subdivision. d. Add to the supplement regarding lighting to require the use . of a standard parking lot light fixture throughout the development. e. Page 8. Permissible Uses for Lots 1-9: The use list included in the supplement shall be further revised to eliminate the following uses, as they are uses not necessarily compatible to auto related businesses. In exchange for these deletions, staff recommends that "low traffic-generating retail uses (100 off-site ADT/acre maximum) offering specialized sales, supplies, and services" be added, which is comparable to what is permitted in the Billion Auto Plaza Subdivision. 06-21-99 --...--.--.- -..-... - 11 - Book and stationery store Building materials sales Cigar and tobacco store Clothing and costume sales/rental Department store Dry cleaning and laundry Dry goods and notion store Furniture store Garden supply store . Retail uses in addition to principal uses Variety store In addition, the list shall be amended to clarify that only small animal veterinary clinics are permissible uses within the PUD. f. Paae 11. Sub-section d. Building EnveloDe: Delete reference to motel purpose canopies, as that use is not permitted. g. Page 13. Section 3. Parkina Reauirements: Eliminate the reference to the Code section of the Zone Code, and just refer to the Code. h. Page 21. Section 12. Installation of Common ImDrovements: Amend to reflect the time periods permitted by the City Commission for the installation of improvements. i. The Covenants shall be amended to include the City of Bozeman as a party to the covenants to ensure that the Covenants may not be revoked or substantially modified . without the consent of the City. Specifically, the City shall be a party to those provisions in the Covenants relating to architectural design, signs, and landscape guidelines. 8. The parkland that is to be added to the Bronken Park as proffered by the developer in exchange for the variance to reduce the on-site open space percentage, shall be dedicated to the City of Bozeman prior to final PUD site plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1495 - vacating and abandonina those street and utility easements across Tracts 4A and 4B, Certificate of Survey No. 1215A, and Tract 1 B, Certificate of Survey No. 1215B (extending eastward from North 19th Avenue at aDDroximatelv the mid-Doint between West Oak Street and Baxter lane) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1495, as approved by the City Attorney, entitled: . ORDINANCE NO. 1495 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THOSE STREET AND UTILITY EASEMENTS ACROSS TRACTS 4A AND 4B, CERTIFICATE OF SURVEY NO. 1215A, AND TRACT 1 B, CERTIFICATE OF SURVEY NO. 12158, EXTENDING EASTWARD FROM NORTH 19TH AVENUE AT APPROXIMATELY THE MID-POINT BETWEEN WEST OAK STREET AND BAXTER LANE, IN THE CITY OF BOZEMAN, MONTANA. 06-21-99 ------ ....-.-. - 12 - City Manager Johnson noted that this vacation of street and utility easements has been requested because the street has been realigned. He then stated that the new easements are listed on the consent agenda. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1495, vacating and abandoning street and utility easements extending eastward from North 19th Avenue at approximately the mid-point between West Oak Street and Baxter Lane, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner . Youngman and Mayor Stiff; those voting No. none. Ordinance No. 1497 - amending Chaeters 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 erovidina for rates for water consumption to be set bv resolution Included 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. Director of Public Service Phill Forbes noted that Bozeman is the last of the big cities in Montana to maintain lines on private properties and, under this ordinance, the responsibility will be placed on the property owner. He stressed that this ordinance does not include a blanket retroactive provision; rather, it applies to new services and new owners of existing services. He also noted that it requires connection to City services for domestic services only, if the property is within city limits and within 100 feet of a main. He characterized this ordinance as an interim provision while comprehensive rewrites of the water and sewer ordinances are being undertaken. Commissioner Rudberg voiced her concerns with this ordinance, which include the requirement to connect to City water if the property is within 100 feet of a main and concerns about future Commissions. She noted that wholly surrounded properties benefit from City services without paying City taxes; however, she is concerned about forced annexation and subsequently forcing connection to City services. She then stressed the importance of working with the City-County Health Board. Director of Public Service Forbes noted that the Commission controls the annexation process, so he does not envision that issue becoming a problem. He then indicated that one of the reasons staff is requesting this provision is to preclude the potential of people . disconnecting from the City water system and using wells for domestic and irrigation purposes. He characterized connecting to the City water system as buying into a system that protects health and provides fire protection. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, 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 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 06-21-99 - ...--- . u".____ --. ------.--. ---------..-----.- -- u._._.____... ---.- .-- - 13 - voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Ordinance No. 1498 - setting the salaries for heads of deDartments for Fiscal Year 1999-2000 Included 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. City Manager Johnson noted that, distributed just prior to the Commission meeting, was a corrected version of this ordinance. He noted that the salaries of department heads are typically set by the Commission, based on the City Manager's recommendation, and the salary of the City Judge is set by the Commission. He then noted that this ordinance contains a split in the Judge's salary, due to the conversion from City Judge to Municipal Judge on January 1; and the ordinance has been written to remove any confusion that the annualized salary for each position is to be paid for six months only, and to eliminate the potential of being paid the entire annual salary for each position. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1498, fixing the monthly salary of the heads of departments for Fiscal Year 1999-2000, 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 Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . ADDointments to City Plannino Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated June 17, 1999, forwarding the list of applicants for the newly created City Planning Board. Responding to questions from Commissioner Rudberg, Assistant City Manager Brey confirmed that the City makes five appointments plus the City Commissioner appointment, noting that the County appointment will be forthcoming Commissioner Smiley expressed an interest in appointing those who currently serve on the City-County Planning Board that have applied, noting that they are just beginning the plan update process. Commissioner Rudberg stated she shares that same viewpoint, mainly because of the drastic change that is coming. Following discussion, a majority of the Commissioners indicated support for Joanne Eaton as the fifth member of the City Planning Board. . It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Edward L. Musser be appointed as a citizen representative, with an initial term to expire on January 31, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Mayor Stiff made the following appointments to the City Planning Board, with initial terms to expire on January 31, 2000: Joanne H. Eaton, Richard G. McConnen, William G. Mitchell and Mary Ellen Wolfe. 06-21-99 - ---..----- _.___n____.__ - 14 - It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commissioner Smiley be appointed as the City Commissioner serving on the City Planning Board, with an initial term to expire on January 31, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Discussion - Commissioner croiects Mayor Stiff stated that he has received copies of the letters which Clerk of the . Commission Sullivan has written to the Montana Department of Revenue regarding the reassessment of taxes on specific properties, expressing concern that she has received no response to those letters. City Manager Johnson suggested the next step, if the appropriate amount of time has been given for a response, is to write a letter to the next level of supervision at the State. He then indicated a willingness to pursue this issue further. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Memo from the Montana League of Cities and Towns, dated June 14, announcing that the District 10 meeting is to be held in the City Hall at Bozeman at 2:00 p.m. on Tuesday, June 22. (2) Copy of a letter dated June 15 from Engineering Assistant Andy Kerr to various property owners regarding the removal of parking restrictions on North Black Avenue between . East Mendenhall Street and East Lamme Street. (3) Copy of a letter dated June 14 from Engineering Assistant Andy Kerr to various property owners regarding parking restrictions on the east side of North Wallace Avenue at its intersection with East Peach Street. (4) Memo from the Clerk of the Commission, dated June 17, forwarding an update on her workload. (5) Letter from the Gallatin County Planning Board, dated June 14, listing upcoming community outreach meetings. (6) Copy of a memo from the Gallatin County Fire Council to the 9-1-1 Administrative Board, dated June 14, expressing support for the Director's position and funding request. (7) Memo announcing that the next meeting of the Downtown Improvement District Board is scheduled for June 24. (8) Minutes for the Gallatin County Health Board meeting held on May 12. (9) Minutes for the Design Review Board meeting held on June 8, 1999. . (10) Agenda for the Gallatin County Treatment Court Stakeholders meeting which was held on June 17, along with a copy of the minutes from the Treatment Court Planning Coalition meeting held on May 6 and a press release regarding the drug court in Gallatin County. (11) Memo from Cemetery Secretary Daria Timmons, dated June 17, forwarding the agenda for the Cemetery Board meeting to be held at 2:00 p.m. on Thursday, June 24, in the Conference Room. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 22, in the Commission Room. 06-21-99 -----... - 15 - ( 13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 22, in the Commission Room. ( 14) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 22 at the Courthouse. ( 15) The City Manager submitted his weekly report, as follows. ( 1) Stated that last Friday, he attended the dedication of the new Wingate Inn, which is the only one with this appearance. (2) Spent time last week working with the County Commissioners on financing and staffing of the 9-1-1 center and the window at the Law and Justice Center. . (16) Clerk of the Commission Sullivan submitted the following. (1) Encouraged all interested Commissioners to attend the District 10 meeting for the League of Cities on Tuesday afternoon. (2) Announced that she and Assistant City Manager Brey will be attending a Montana League of Cities and Towns board meeting in Helena on Thursday, so packets will not be ready until Friday. ( 17) Commissioner Youngman submitted the following. (1) Attended a variety of meetings last week including the Board of Adjustment and the 20-year anniversary of the Food Co-op. (2) Stated that she participated in the Teens and Tourism program, which is sponsored by the School to Work Program. (3) Participated in workshops at the Emerson Cultural Center last week. (18) Mayor Stiff submitted the following. (1) Noted that recent meetings with a County Commissioner regarding ice hockey at the Fairgrounds revealed the importance of having both a City Commissioner and the City Manager at the meeting, since the County Commissioners are both administrative and policy makers. (2) Stated that he welcomed the Order of Eastern Star last week, characterizing it as an enjoyable evening. ( 19) Commissioner Rudberg submitted the following. (1) Stated her appreciation for the new Bike Board member who has become very active. (2) Noted that she has contacted . Building Official Neil Poulsen about a typographical error that keeps occurring in his monthly report. (20) Responding to questions from Commissioner Rudberg, City Manager Johnson stated that, before law enforcement relocated to the Law and Justice Center, the City had its own dispatch and the County had its own dispatch, with volunteer fire departments being dispatched through the County. He noted that, since the law enforcement and dispatch functions have been combined and relocated to the Law and Justice Center, both the dispatch center and the 9-1-1 calls have been handled by the same personnel. The City Manager confirmed that the dispatchers answer both non-emergency calls and emergency calls. He noted that there is not always someone available in the Police Department to answer telephone calls, and those calls are then routed to dispatch. Further responding to Commissioner Rudberg, the City Manager expressed a willingness to take anyone over to the Law and Justice Center to see what is happening with the physical relocation of the 9-1-1 Center and separating it away from public access. He then recognized that the law enforcement agencies have evolved from a walk-in facility to a more sophisticated operation and a different kind of service, and people are feeling the difference. (21) Commissioner Rudberg stated she received a call from a lady who lives two . blocks from the Bogert Pavilion, expressing concern over the noise generated during a skateboard event yesterday. She noted the caller also expressed concern that the people were rude when approached about the noise. City Manager Johnson characterized the permitting process as a gray area, noting that people sometimes have trouble determining what is permitted and what is not. Commissioner Youngman left the meeting at 4:41 p.m. 06-21-99 ...-...- ---- ___..__.__...__......_......_ ._._... - n.._ - 16 - (22) Mayor Stiff asked that the undated statement regarding impact fees previously distributed as an FYI Item be brought back to a work session for discussion. City Manager Johnson noted that this language will be included in the next annexation agreement to come before the Commission, indicating that it is in response to litigation. He then indicated a willingness to place this item on a work session agenda if a majority of the Commissioners wish to do so. As a result of discussion, the Commissioners requested that this be placed on the July . 12 work session. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3296 - certifYing delinauent assessments as of May 31. 1999. to the County COMMISSION RESOLUTION NO. 3296 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31,1999, AND UNPAID AS OF 5:00 P.M. ON JUNE 1,1999, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. . Authorize City Manager to sign - second modification to agreement between City and County for Disaster and Emeraencv Services Coordinator and hazardous materials Authorize City Manager to sian - Amendment No.2 to Professional Services Agreement for West Beall Street Improvements - Thomas. Dean and Hoskins. Inc. Authorize City Manaaer to sign - Utilitv Cost Share Agreement with Homelands DeveloDment Co., L.L.C. - for extension of sanitary sewer main located in Hunter's Way (to serve Harvest Creek Subdivision) Authorize City Manaaer to sian - AcceDtance of Public Street Easement from Donald Bockhahn - 30-foot bv 132-foot striD across tract located in the E%. SW%. Section 12. T2S. R5E. MPM (Dercetual street and utility easement for West Babcock Street adiacent to Carson Place ADartments) Authorize City Manager to sian - AcceDtance of Public Street Easement from Donald Bockhahn - 12-foot by 629.45-foot striD across tract located in the E%. SWv... Section 12. T2S. R5E. MPM (Dercetual street and utilitv easement for South 13th Avenue adiacent to Carson Place ADartments) . Award bid for 1999 Street Improvements - Schedule I to JTL GroUD, Inc.. Belgrade. Montana. in the bid amount of $419.361.25; Schedule II to Concrete SDecialties. Inc.. Bozeman. Montana. in the bid amount of $112.088.50 Ratifv Mavor's signature on letter dated June 11 designatina City Enaineer Craig Brawner as Environmental Certifvina Officer for the Langohr Park sidewalk CTEP Droiect 06-21-99 .- ---...--.-- ------- .-. - 17 - Acceptance of Warranty Deed from The Pea Cannery for an O.020-acre oortion of the right-of-way for Oak Street at aDDroximately North Black Avenue extended Commission Resolution No. 3297 - authorizing City Manager to sian Change Order No. 2 for 1998 Sanitary Sewer Imorovements - Planned and Enaineered Construction. Inc. . COMMISSION RESOLUTION NO. 3297 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH PLANNED AND ENGINEERED CONSTRUCTION (PEC), INC., HELENA, MONTANA. Aooroval of final Dlat for West Park Manor Subdivision (subdivide 8.190-sauare- foot lot described as Lot 3. Block 1. West Park Manor. into two townhouse lots). subiect to aDDlicant showina receiDt of all reauired oermits from the Montana Deoartment of TransDortation ApDroval of final Dlat for Bridger Peaks Town Center Subdivision. Phases I and II (subdivide DrODerty at northeast corner of intersection of North 19th Avenue and West Oak Street into lots for commercial develoDment). subiect to receiDt of abstract of title showina that the aDDlicant (Bridaer Peaks. LLC) is owner of record Authorize City Manager to sian - AcceDtance of Public Street and Utility Easement and TemDOrary Cul-de-sac Easement across Tract 1 B. COS No. 1215A and Tracts 4A-1 and 4B-1. COS No. 1215D (extending eastward from North 19th Avenue at aDDroximately mid-Doint between West Oak Street and Baxter Lane) . Authorize City Manager to sian - AcceDtance of Sewer and Water Pioeline and Access Easement and Agreement - Philio Saccoccia. Jr. - 31-foot-wide easement across oortion of Tracts 4A-1 and 4B-1. COS No. 1215D Authorize City Manager to sian - Agreement Restricting the Construction of Buildinas - between Bridger Peaks. LLC; Philip Saccoccia. Jr.; and the City of Bozeman - for Lots 2. 5. 8 and 11. Bridger Beaks Town Center ADDroval of final olat for Stadium Center Subdivision (subdivide 14.5821 acres described as Lot 18. Amended Subdivision 1-1-A. and Lot 2. Boylan's Addition No.1. into seventeen lots for orofessional. medical and dental offices) (southwest corner of Kaay and South 11th) ADDroval of final olat for Rose Park Subdivision (subdivide Lot 4. Annie Subdivision. Phase II. into 24 lots for multi-family residential develooment) (southeast corner of intersection of West Oak Street and North 25th Avenue extended) Building Insoection Division reDort for May 1999 . 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 Stiff; those voting No, none. 06-21-99 - .--.-.-- - 18 - Executive session re litiaation strateav Mayor Stiff announced his 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 a variety of cases. At 4:49 p.m., Mayor Stiff called an executive session for the purpose of discussing litigation and asked all of the persons except the City Manager, Assistant City Manager, City . Attorney Luwe, Staff Attorney Cooper, Attorney Bob Planalp and Clerk of the Commission to leave the room. At 5: 13 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Recess - 5:13 c.m. Mayor Stiff declared a recess at 5: 13 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the public interest items and scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the public interest items and scheduled pUblic hearings. Discussion re orooosed Memorandum of Agreement with County for the Fairgrounds cavillon . Distributed at the beginning of the meeting was a copy of the Memorandum of Agreement, as revised by the County. City Manager Clark Johnson reviewed the proposed changes, noting that one of those changes includes the hours of operation, to be the same as the standard guidelines for similar Fairgrounds facilities. Commissioner Smiley asked that the facility be open free to the public some time during the day. Commissioner Rudberg and Mayor Stiff indicated they have no problem with the proposed changes to the agreement. Commissioner Frost voiced his concerns with the proposed agreement, noting the City is unsure of what the charges will be for use of the facility and he does not like the City's additional $10,000 commitment from its budget. He concluded by indicating his preference for the agreement prior to these proposed revisions. Commissioner Youngman stated she is not willing to support the proposed changes, characterizing it as too far away from the interests of both the City and the public. Responding to Commissioner Smiley, Deputy County Attorney Chris Gray stated that fair . identified in this agreement is the annual county fair held in the summer, noting that any agreement for the winter fair must be with the Bozeman Amateur Hockey Association. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Memorandum of Agreement between the City and the County for construction of a pavilion at the Fairgrounds, with revised language on Page 3, as identified by the City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost and Commissioner Youngman. 06-21-99 ----- ---.----------- ___ _.___n___" _ _ .__._"..__ - 19 - Public hearing - to solicit Dublic comment on whether the Darlinton Manor ADartments meet a community housing need and. therefore. qualifY for allocation of low-income housing tax credits to the Human Resource Development Council This was the time and place set for the public hearing to solicit public comment, in compliance with Senate Bill 167, on whether the Darlinton Manor Apartments meet a community housing need and, therefore, qualify for allocation of low-income housing tax credits to the Human Resource Development Council. . Mayor Stiff opened the public hearing. Special Projects Coordinator James Goehrung indicated that State statutes require the government to hold a hearing and determine if the application meets a housing need in the community. He noted that this forum provides an opportunity for comment and, the stronger the need, the better the chance of acquiring credits. He noted there are many people in attendance at this meeting and asked that all those present for this agenda item sign the sign up sheet at the door, since it will accompany the minutes and any other information that is forwarded to the State as a result of this hearing. Mr. John Langenheim, Human Resource Development Council, stated this hearing is a new requirement under SB167. He then encouraged any interested parties to submit comments underlining the continuing need for Darlinton Manor Apartments. Commissioner Rudberg encouraged those in attendance to sign the sign up sheet, characterizing it as an easy way to provide their input without having to stand up and speak. She then expressed concern about the notice that was recently posted in the lobby at the Darlinton Manor, and assured the audience that no Commissioner opposes retaining Darlinton Manor as it currently exists. Dr. Miriam Matthews, resident of Darlinton Manor, stated that the people most in need . of the Darlinton Manor were unable to attend this meeting. She then gave a letter of support to the Commission. Ms. Thelma Mowen, resident of Darlinton Manor, submitted letters from Lorraine Fry and Edna (Betty) Lineback, who could not attend this hearing. She then noted that she has lived at the Darlinton for 23 years and characterized the Darlinton as being good for the seniors of Bozeman. Brea k - 7: 15 to 7: 18 D. m. Mayor Stiff declared a break from 7: 15 p.m. to 7: 18 p.m., to have an opportunity to speak to the staff. Public hearing (continued) - to solicit Dublic comment on whether the Darlinton Manor ADartments meet a community housina need and. therefore. Qualify for allocation of low- income housing tax credits to the Human Resource DevelODment Council Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, stated the purpose of this hearing is to document the need for this housing because, under this . process, the property will be removed from the tax rolls and a non-profit partner will be participating in its ownership and management. He noted that this is also an opportunity to provide advice and guidance to the non-profit partner. He then stressed that identifying the importance of the Darlinton Manor to the entire community as well as the residents is a key component. Mr. Rupp stated that he has met with the residents of Darlinton Manor to discuss this possible change in ownership of the facility and will continue to do so as the process unfolds. He then characterized this as the final step in moving to private ownership of the facility, and stressed that existing residents will be grandfathered in and protected, and will continue to pay approximately the same rent. He indicated that the impacts will be on future residents, noting 06-21-99 - ..------.. - 20 - that the rent structure will not be the same in the future. He concluded by characterizing this change to private ownership as a natural change and assured those in attendance that it should result in little to no turmoil for existing residents. Special Projects Coordinator Goehrung stated that the next step will be an environmental process, and noted there will be documents on which signatures will be required. He then indicated that, as a result, he will seek the ratification of signatures on documents at the next regular Commission meeting. . Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission strongly support continuing Darlinton Manor as an affordable housing project in the community, recognizing that it meets a housing need, and that it deserves tax credits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - Zone MaD Amendment - "R-3a" to "B-3" - Bozeman Parkina Commission - lot 1. the north 15 feet of lot 2. and the north 65 feet of lot 4. Guv's Addition (116 South Bozeman Avenue) (Z-9962) This was the time and place set for the public hearing on the Zone Map Amendment requested by the Bozeman Parking Commission, under Application No. Z-9962, to change the zoning from "R-3a", Residential--Two-family, Medium-density, to "B-3", Central Business, on Lot 1, the north 15 feet of Lot 2, and the north 65 feet of Lot 4, Guy's Addition. The subject property is more commonly known as 116 South Bozeman Avenue. Mayor Stiff opened the public hearing. . Assistant Planning Director Debbie Arkell presented the staff report. She stated this application by the Parking Commission is to amend the zoning on one lot on South Bozeman Avenue, immediately south of the other two lots it has previously purchased for a new downtown parking lot. She noted that single-family houses are located on each of the three lots, and the zoning on the two lots immediately to the north is "B-3". She then indicated the last lot on the block is at the corner of South Bozeman Avenue and East Olive Street and contains a tri-plex. She stated that, with the addition of this lot, the proposed new parking lot can be increased by twenty spaces. The Assistant Planning Director stated that the City-County Planning Board held its public hearing on this application at its June 2 meeting. At that time, she noted that five letters of opposition had been received and, as of this date, an additional five letters of opposition and one letter of support have been submitted. She briefly summarized the concerns of those in opposition, noting that the residents in the area wish to maintain the character and values of the area, and avoid the potential of decreased property values. She noted this area is a buffer between the downtown and the residential area, and the residents are concerned about the impacts that a parking lot may have. The Assistant Planning Director stated that staff has reviewed this application in light of the twelve criteria contained in the State statutes, and those comprehensive findings are . contained in the written staff report. She briefly highlighted some of those findings, noting that zoning restrictions are adopted to protect health, safety and welfare. She cautioned that the Parking Commission is currently proposing a parking lot on this subject property; however, any "B-3" use could occur, and such uses could have a negative impact on the area residents. She suggested that a change in zoning at the end of a block might be preferable to changing in mid- block, noting that East Olive Street could serve as that break. She then noted that the city has grown by over 2,000 acres since 1988, but there has been no increase in the size of the downtown area. The Assistant Planning Director noted that the single-family residence on this lot is about 100 years old and shows structural damage. She stated, as a result, the dwelling has a limited 06-21-99 -.---.--.. .- ....--------.------ - 21 - life. She concluded by noting that the Planning Board reached a 3 to 3 vote and, on that basis is forwarding an unfavorable recommendation to the Commission. Mr. Tim Fitzgerald, Chair of the Parking Commission, stated that when the Parking Commission was formed in 1977/ it was to create parking for the downtown. He noted that a special improvement district was created for the acquisition of property for parking lots, and the City's existing parking lots were placed under the Parking Commission's authority. He noted that a cash-in-lieu program is also in place, and payments have been received for a total of 98 parking spaces. He stated that, only recently, has the Parking Commission had substantial funds with which to undertake the development of a new parking lot. . Mr. Fitzgerald noted that the character of the downtown has changed over the years, and a number of businesses have expanded and increased staffing. He also noted there are a significant number of restaurants, which place a heavy demand on parking. He stated that the new parking lot is to serve as employee parking lot, particularly for those on the east end of town. He also noted that most of the parking lots are located on the north side of Main Street. He concluded by encouraging approval of this application. Responding to Commissioner Rudberg, Mr. Fitzgerald stated the cash-in-lieu payment is currently $3,000/ while the estimated cost of a new parking lot is $8,000 to $10/000 per space. He then indicated that there is a two-hour parking limit on the streets in the downtown area. Further responding to Commissioner Rudberg, Assistant City Manager Brey stated the charge for overtime parking tickets is on a sliding scale, on a 90-day cycle, with the first ticket being a courtesy, and then stairstepping to a $20.00 fine. Responding to Commissioner Smiley, Mr. Fitzgerald estimated the costs of a multi-level parking structure at $2.5 to $3 million, noting the issue is how those costs would be paid. Mr. Bruce Gerlach, Senior Vice President of Security Bank, 208 East Main Street, spoke . in support of the requested rezoning, thus enabling expanded parking availability for employees of downtown businesses. He noted that the bank provides parking for its employees, tenants and customers, but it is not adequate. He stated he is sensitive to the concerns previously expressed by the residents, but he believes this proposed rezoning and parking lot are in the best interests of the community. Mr. Larry Bowman, owner of Owenhouse Ace Hardware and member of the Parking Commission, stated that, as a business owner, he supports this application and providing additional employee parking. He stated inadequate employee parking has a negative impact on the availability of customer parking, which can be detrimental to downtown businesses. He also noted that the lack of employee parking results in on-street parking in front of residences close to the downtown. He concluded by submitting a letter of support from Steve Shuel, owner of MacKenzie River Pizza. Mr. Bill Ard, 117 South Bozeman and 121 East Olive Street, stated that when he built the house on the corner, the City was very concerned that he build a structure that is in character with the community. He expressed concern that this proposed parking lot will put two more large driveways onto a narrow street that is often blocked by delivery vehicles; and concluded by stressing the need for buffering between the proposed parking lot and the existing houses. . Mr. Warren Boling, 223 East Olive Street, stated his property is within 150 feet of the subject lot. He encouraged the Commission to not approve the requested rezoning, noting that the neighborhood has a residential atmosphere, with the existing single-family homes being renovated. He stated that to approve this rezoning allows encroachment of business into this residential neighborhood which is precariously balanced adjacent to the business district and to an historic district. He stated that to allow the "B-3" zone to be expanded to East Olive Street will result in the loss of ten single-family homes in a valley that is already struggling with sprawl. He encouraged the City to pursue multi-level facilities, not simply take the least expensive alternative that results in the loss of single-family homes and impacts the area. He concluded by once again asking for Commission disapproval. 06-21-99 - 22 - Mr. Clay Landry, 210 East Olive Street, noted he is a first time homeowner. He expressed his concerns about the impact that the requested rezoning would have on the area and encouraged the Commission to not approve it. Mr. Darrell Behrent, 208 Lindley Place, stated he has lived in the area for quite some time and remembers when the demolition of a tri-plex and its conversion to a parking lot was proposed. He noted that, after denial of that application, the tri-plex was turned into a nice asset in the neighborhood. He characterized the downtown as unique, with a balance between business and residential uses. He suggested that more housing be provided downtown, which . will result in more permanent customers for the businesses. He also noted that the restaurant demands for parking are generally in the evening, when the stores are closed. He concluded by encouraging the Commission to keep the downtown the way it is and not approve this application. Mr. Jack Ranieri, 209 South Bozeman Avenue, noted that all of the homes between his and the Elks' Club are zoned commercial but serve as residences. He stated that if the subject house is removed, he will have a wide line of site from his home to the buildings facing Main Street two blocks away. He concluded by stating he wishes to raise his family in this area, which is close to a park and close to downtown, and encouraged the Commission to not approve this rezoning. Ms. Shawn Mooney, 210 East Olive Street, stated her opposition to the rezoning, noting that most of the previous speakers have covered the reasons why. She noted it appears the requested rezoning is for a special interest group, and will allow the creep of commercial uses into a residential area. Mr. Allen Dunayer, 224 South Bozeman Avenue, stated he has lived in this neighborhood for ten years. He expressed concern that approval of this rezoning is changing the rules of the game, and indicated he is opposed to it. . Mr. Allen Kirk, 227 East Olive Street, stated he moved into the area four or five years ago and has spent time and money on remodeling his home. He noted that he likes living downtown, where he is close to the activities of the downtown area, parks and schools. He noted that the blend of commercial and residential makes this a unique area, and he would like to see it kept that way. He concluded by forwarding his opposition and encouraging the Commission to not approve the zone change. Ms. Mary Kay Boling, 223 East Olive Street, stated she likes to walk everywhere with her small child. She noted that, when walking, she avoids the south side of Babcock Street, however, because "it's ugly". She concluded by encouraging the Commission to not approve this application. Ms. Lisa McGrory stated her back yard looks at the 20-foot-high brick wall of the Elks' Club, and stated she does not relish looking out the front window at "a slew of asphalt". She concluded by asking the Commission to not approve this application. Mr. Benjamin Bennett stated opposition to the parking lot, noting that a year and a half ago, he purchased a home similar to those that are to be destroyed. He encouraged the Commission to not approve this application, but to allow middle or lower class citizens to purchase and live in these homes. . Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Frost stated he is interested in protecting the downtown and neighborhoods; and he feels more residents are needed downtown. He noted that this area was downzoned several years ago to "R-3a", and many of the homes have been upgraded. He concluded by stating he recognizes the need for additional parking in the downtown area, especially at certain times; however, he cannot support the requested rezoning, and feels it would be detrimental to the edge of the neighborhood. Commissioner Youngman recognized the Parking Commission's efforts to address the downtown parking issues, noting that employee parking is a major part of it. She stated that 06-21-99 ----.----- - -- - 23 - the neighborhood concerns are very compelling, and concluded that she does not support the requested rezoning. She noted that since the other two lots are already zoned "B-3", they can still be used for the parking lot. Mayor Stiff stated his support for the requested rezoning, noting the increased size will be of benefit for the parking lot. Commissioner Smiley noted that there are signs of encroachment of the downtown into adjacent areas, noting there once was stucco apartment building where the Elks' Club is now located. She stated that, even with these encroachments, the neighborhoods next to . downtown can continue to exist and remain valuable. She noted that the homes on the three lots are to be relocated if possible; and efforts have been made to keep the two rare American Elms on the property. She concluded by stating her support for the requested rezoning, noting it will help to address the parking issues for employees in the downtown area. Commissioner Rudberg noted that, in light of the amount of protest received from adjacent property owners, four votes are needed for approval of this rezoning. She noted that downtown businesses are expanding, and she is concerned that, without some assistance, Bozeman's historic downtown will become like other downtowns across the country. She then noted that when she lived in Baltimore, it was next to a parking lot, and it was preferable to many neighbors. She concluded by stating her support for the requested rezoning. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Zone Map Amendment requested by the Bozeman Parking Commission, under Application No. Z-9962, to change the zoning from "R-3a", Residential-- Two-family, Medium-density, to "B-3", Central Business, on Lot 1, the north 15 feet of Lot 2, and the north 65 feet of Lot 4, Guy's Addition, and authorize and direct staff to bring back an ordinance enacting the amendment. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost and Commissioner Youngman. . Break - B:35 to 8:43 D.m. Mayor Stiff declared a break from 8:35 p.m. to 8:43 p.m., in accordance with Commission policy. Public hearing - City Manaaer's Recommendations for budaet for Fiscal Year 1999-2000 This was the time and place set for the public hearing on the City Manager's Recommendations for the Fiscal Year 1999-2000 budget. Mayor Stiff opened the public hearing. City Manager Clark Johnson gave a power point presentation on the process followed in the development of this year's budget, noting that the Commission was asked to provide input at the beginning of the process rather than at the end. He then noted that the departments provided their input to the Commission and identified possible changes that could be made within current resources and explained financial resource needs. In the second step, the Commission evaluated the input and Commission priorities, which served as framework for preparation of City Manager's budget recommendations. The department heads then provided . the budget requests, which the City Manager reviewed and prepared in light of the Commission's priorities as well as the mission statement, vision statement and overarching goals. The City Manager noted that the Finance Department purchased new software a year ago, and each department or division head put the budget numbers in on-line rather than in writing this year. He stated that the narrative justifications took some time to enter but will serve as the basis for budgeting in future years. He indicated that this information will be more readily available to the department and division heads throughout the fiscal year. 06-21-99 , - 24 - City Manager Johnson stated that his budget recommendation document is thinner this year, but contains much more information than in the past. He noted that he has attempted to clarify where the dollars are spent; and he has taken steps to combine all of the budget units involved in an activity, such as police, into one set of pages, so the total costs of that activity can be more readily identified. He gave a brief overview of the $30 million budget, noting that it includes 271.44 full-time equivalent employees, or six more than last year, which includes one new police officer, one new firefighter, one new building inspector, one new parks worker, and two new front desk personnel at the Law and Justice Center. He indicated that the average combined salary and longevity increases are 3 percent over the next two years. He . also noted that this budget includes monies for a transportation plan update and a classification study, monies to implement the parks master plan, monies in reserves to address Y2K issues, and funding for the six police officers previously on the COPS More program and two engineers previously on soft monies. The City Manager stated that the 1999 Legislature made changes in the property tax system, and the effects of that legislation are not yet known. He noted that 1-105 has been repealed, and the City may now take advantage of the taxes generated from annexations and new construction. He noted that the State support where decreases in tax revenues are anticipated should help to keep revenues relatively level, although staff has estimated an additional 1.78 mills will be needed to generate adequate revenues. The City Manager stressed that this budget leaves several priorities unfunded, noting that an additional 15 mills would be needed to fund them. He noted, in fact, that this budget includes only the top three priorities identified by the Commission, with all other portions of the budget remaining at previous levels. Mr. Michael Levitt stated he has been riding GalaVan since 1982. He characterized it as the best service available for the handicapped and the elderly and indicated he wants to see it continue. . Mr. Bill Hayward, Chair of GalaVan Advisory Board, expressed concern that this budget recommendation would eliminate the City's $15,000 contribution, which is 15 percent of the program's budget, and asked that it be reinstated. He cited the City's mission statement and the overarching goal pertaining to "excellent and equitable public services". He noted that several work sessions have been held on the budget, and those meetings were open to the public, and suggested that the public should have been asked for input during those work sessions. He voiced his concerns over the proposal to reduce the City's contribution from $15,000 to zero, with essentially no notice so close to July 1, and asked that the $15,000 be added back into the budget. Ms. Pat Graham, 1120 West Babcock Street, stated that the elderly have "paid their dues", and many of them now need help. She stated that when $15,000 is cut from the GalaVan program, it hurts 500 or more residents. She concluded by encouraging the Commission to reconsider this issue. Ms. Rosalyn Heil, President of the Gallatin County Council for Aging, stated she coordinates services for seniors. She noted that a survey on aging done by a State agency revealed the top six priorities for Gallatin County are providing accurate information on the services provided to seniors, the need for transportation, a shortage of people providing services to the elderly, a shortage of dependable in-home workers, nutritional services in rural areas, and the isolation of seniors in smaller towns and rural areas. She stated that . transportation is involved in many of those items, and GalaVan is an important part of the circle. As a result, she encouraged the Commission to reconsider this item. Mr. Brian Close, 406 East Olive Street, noted that the GalaVan budget has not increased significantly over the last four years, although the ridership has grown 11 percent per year. He noted that some of the largest growing population segments in the community are low- income persons and handicapped persons, as evidenced by the increase in rides from 17,000 to 20,000 annually. He stated that GalaVan has been able to provide these services because the Director is giving a significant amount of time for free and maintenance costs have been reduced by retiring the older vehicles. He characterized the program as being efficient with the public's money, and noted they have provided financial information when asked to do so. 06-21-99 ---.------- - 25 - Mr. Close noted that when the Commission and representatives from GalaVan spoke last spring, a transportation mill levy was discussed, but that issue is still being addressed in the City Attorney's office. He stated that, in response to urging from the Commission, GalaVan undertook a survey and, as a result, they are preparing for Friday night service. He stated it is quite a shock to find that the City cannot give GalaVan 0.005 percent of its budget, noting that in .a "minor adjustment", the Commission authorized the addition of $10,000 for a contract. Mr. Close stated that GalaVan does have reserves that it can use this year, but he is . concerned that the City has not been up front about possibly withdrawing its financial support. He concluded by asking the Commission to revisit this issue. Mr. Close then read into the record a letter from Janet Goddard, a lady with cerebral palsy who uses GalaVan to get around the community. She characterized it as a quality of life issue, noting that people lose perspective when they lose mobility. Ms. Beverly Barnhart, legislator from House District No. 29, noted that she sits on the House Appropriations Committee. She stated that she worked for the Retired Senior Volunteer Program (RSVP) for nearly ten years and is involved in senior issues. She encouraged the Commissioners to restore the funding for GalaVan. Mr. Gene Quennomen, 2013 Fairway Drive, stated he is the Chair of the AARP Community Council. He indicated his support for funding of GalaVan, noting that many of the programs which benefit seniors depend on transportation to and from the program sites. He also noted that many of those who are served by these programs are very low income, elderly or disabled, and GalaVan provides their transportation. Ms. Kay Newman, 2200 Bridger Drive, member of Gallatin Council on Aging, expressed her concern about the City not funding GalaVan, particularly since those impacted are on fixed incomes and cannot afford taxi fares. . Ms. Kathy Castigas, 408 Bonner Lane, indicated she is the Director of the Young at Heart program, which is a senior exercise program that serves 170 seniors. She noted that many of the seniors use GalaVan to attend the program, and encouraged the Commission to maintain the funding. Ms. Kay McAllister, 606 North 5th Avenue, stated she is "not disabled and only children think she is elderly". She also noted that she does not ride GalaVan, but she sends a small contribution annually because she believes in it. She concluded by aSking the Commission to support it in this budget. Mr. Jeff Rupp, Human Resource Development Council, noted that there are many people in the audience who have not come to the microphone, but who support funding of GalaVan simply by their presence. He asked that they also be taken into consideration as the Commission makes its decision. Ms. Herva Simpson, 2857 Sourdough Road, encouraged the Commission to provide a $15,000 contribution toward GalaVan. Commissioner Frost stated his willingness to reconsider funding for GalaVan. . City Manager Johnson asked the Commissioners to identify any other issues in the budget that need to be addressed. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Responding to questions from the Commission, the City Manager noted that the transportation mill levy was previously discussed, but at that time the Commission chose not to proceed with it. Commissioner Smiley voiced her interest in helping to fund GalaVan. 06-21-99 -- -... --- - 26 - Mayor Stiff noted that, when talking about the difficulties of dealing with major handicaps, he doesn't "talk in terms of years but in terms of decades". He stated that he wants the City to provide as much as possible for its constituents, but he's not ready to make any changes in the budget at this time. Commissioner Youngman suggested that the City provide funding for half a year in the budget and then commit to placing the mill levy on the ballot. She noted that the other option is to fund the $15,000 contribution for the entire year. . Commissioner Rudberg stated that, in conjunction with adding the $15,000 to the budget, the Commission must decide what to cut. City Manager Johnson suggested that the funding could come from reserves or through vacancy savings. He cautioned that he is reluctant to reduce capital as a way to fund this additional expenditure. Responding to Mayor Stiff, the City Manager stated the budget must be adopted by the second week in August; but if only one change is to be made, staff can bring it back for adoption at the next regular meeting. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize and direct staff to include up to $15,000 in the budget for GalaVan and accept the remainder of the budget with no changes, and consider placing a mill levy for senior and disabled transportation on the November ballot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Rudberg and Mayor Stiff. Adjournment - 10:12 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. AL~I~tt~ .(o-r-- ATTEST: ~ 4izm~ ROBIN L. SUi-U\1AN - Clerk of the -Co mml$s ion '. ~~~ ......- . - ~ - ,r .'-"' -~-- - . 06-21-99