Loading...
HomeMy WebLinkAbout1999-06-07 Minutes, City Commission -:.~""\~-.'.',,', - -- ----- .'~"". MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 7, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 7, 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. May 17. May 24 and June 1. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of May 17, May 24 and June 1, 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 the meetings of September 8, 1998, and . April 5, April 19 and April 26, 1999, to a later date. Reauest for modification of condition of aDDroval of Dreliminary Dlat for Harvest Creek Subdivision. Phases I-IV. to allow aDDlicant to financially guarantee his Dortion of the reauired sianalization imDrovements at Durston Road and North 19th Avenue (Condition No. 12) - Homelands DevelODment Co.. L.L.C. This was the time and place set for review of a request submitted by Homelands Development Co., L.L.C., for modification of Condition No. 12 for approval of the preliminary plat for Harvest Creek Subdivision, Phases I through IV, to allow the applicant to financially guarantee his portion of the required signalization improvements at Durston Road and North 19th Avenue. City Manager recommended that the Commission continue this review to June 21, to give the City-County Planning Board an opportunity to forward its recommendation. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission continue consideration of this request for modification to June 21, to give the Planning Board an opportunity to conduct its public hearing and forward a recommendation. 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. 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 aDDroximately the mid-Doint between West Oak Street and Baxter Lane) Included in the Commissioners' packets was a copy of Ordinance No. 1495, as approved by the City Attorney, entitled: 06-07-99 - - 2 - 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 1B, CERTIFICATE OF SURVEY NO. 1215B, EXTENDING EASTWARD FROM NORTH 19TH AVENUE AT APPROXIMATELY THE MID-POINT . BETWEEN WEST OAK STREET AND BAXTER LANE, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner frost, seconded by Commissioner Youngman, 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 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. Review of survey for West Babcock Street right-of-wav acauisition Included in the Commissioners' packets was a memo from City Engineer Craig Brawner, dated June 2, 1999. City Engineer Craig Brawner reviewed the information on the survey prepared by Ron Allen and Associates for the County, noting that the survey shows the existing pavement and the adjacent properties. He then noted that City staff has resealed its map of the West Babcock Street area, so that it is at the same scale as the County's map, and has identified the . existing dedicated rights-of-way and easements; existing utilities, including water, sewer, storm water and power poles; fencelines; ownerships; and dedications and easements in conjunction with pending annexations and subdivisions. The City Engineer stated that the photo base for the city's digital map display is the U.S. Geological Survey aerial mapping completed in 1995, and it is accurate within one meter. He then noted that, in 1995, Kerin and Associates prepared preliminary plans and specifications for improvements to West Babcock Street, as one of the conditions for approval of the Valley Commons Planned Unit Development. City Engineer Brawner stated that staff has evaluated the fenceline to fenceline right-of- way acquisition proposed by the County and has found that, in all but a couple of cases, that alignment actually encompasses 30 feet from the section line. He noted that this evaluation is based on assumptions that the right-of-way for properties without fences will be determined by drawing a dotted line between existing fences, and that where the existing right-of-way is 45 feet wide on one side of the roadway, the standard 30 ::t-foot right-of-way will be acquired on the other side of the road. He cautioned that not doing so would result in a road that is too serpentine. He stressed that following these assumptions will result in varying widths of right- of-way; in some instances with the width being 75 to 80 feet. He stated that the most limiting factor along the roadway is at the west end, where the distance between fencelines is 59 feet and the fenceline on the south side of the road is 22 feet off the section line. . The City Engineer stated that, in most instances, the fences are located 31, 33, 35 or 37 feet from the section line, resulting in at least 60 feet between fencelines except for the westernmost parcel, as previously identified. He also noted that in one instance, the closest corner of a house is set back 24 feet from the fence. He stressed that there are no homesite problems with this proposed street alignment, although a few septic systems may be impacted. He also noted that, if the alignment of the roadway is shifted 8 feet to the north at the west end of the project to accommodate the existing fenceline on the south side of the road, the curb will be over the existing waterline, which could create disadvantages for future repairs and maintenance of that line. 06-07-99 .. -'.-~i~:;.- - 3 - Responding to Commissioner Rudberg, City Engineer Craig Brawner stated the master plan description for this roadway involves a 90-foot-wide right-of-way, which is identified as meeting the long-term need. He noted that where the City has acquired 45-foot-wide dedications and easements, there will be some unused right-of-way initially, but it will be available when expansion of the roadway is undertaken. He then reminded the Commission that acquisition of the entire 90-foot-wide right-of-way was initially proposed; however, it has been determined the acquisition of a 50-foot-wide right-of-way will allow for improvements to . the existing roadway that should accommodate immediate needs. Further responding to Commissioner Rudberg, the City Engineer stated that the homeowners will probably maintain the additional right-of-way until the road is widened. He then indicated that, under the City's policy, there is a seven-year moratorium on cutting new pavement, so City staff will propose extending water and sewer services to the edge of the pavement so that those services are available for future connections. He recognized that, under the City's current policy, only those properties lying within city limits may connect to the City's water and sewer services. Associate Planner Chris Saunders showed the Commission the digital map with the various overlays, including the section line, 30 feet from the section line, existing pavement lines, fencelines, existing and pending right-of-way dedications and easements, and ownerships. Commissioner Smiley suggested that, where the City has additional right-of-way, pull outs be considered so that families riding bicycles can stop if they want. She noted that the sidewalk could also be curved around the pull outs. The Associate Planner noted that many of the residents along West Babcock Street have stopped at the office to review this information, and they seemed appreciative of the . opportunity to do so. Responding to City Engineer Brawner, Staff Attorney Cooper stated that condemnation is fact based, taking into consideration the greatest public good and the least amount of private injury. He noted that the location of the section line is one of the facts that may be taken into consideration. Responding to Commissioner Rudberg, Associate Planner Chris Saunders stated that there are only five properties within the city where additional right-of-way is needed, and two of those properties are the Pizza Hut and Bobcat Lodge, which were annexed and developed prior to the City's requiring the dedication of adequate right-of-way. He then indicated that, while the existing road alignment shifts slightly, it is relatively straight. Responding to Commissioner Frost, City Engineer Brawner stated the County is now waiting for the City to say the fenceline to fenceline alignment is acceptable. He then suggested that the Commission attach some reservations to that indication, including the need to ensure the right-of-way is adequate for sound design standards and public safety issues. He noted that, in some instances, additional right-of-way may be needed to ensure adequate safety. He then stated that temporary construction easements may also be needed in some instances, depending on the terrain and the right-of-way line. . City Manager Johnson noted that it is important to recognize this is the first phase of improving the road, and to ensure that a future Commission is not precluded from taking steps to widen the roadway. Break - 3:50 to 3:58 D.m. Mayor Stiff declared a break from 3:50 p.m. to 3:58 p.m., in accordance with Commission policy, and to have an opportunity to talk to staff. 06-07-99 --_.,-~, - 4 - Review ot survey tor West Babcock Street right-ot-wav acauisition (continued) At Mayor Stiff's request, Commissioner Youngman summarized the results of discussion with staff during the break. She noted that approval of the fenceline to fenceline concept should be accompanied with three assumptions: (1) that where fences do not exist, the right- of-way line will be determined by "connecting the dots" between existing fences; (2) that where the City has acquired 45-foot-wide right-of-way on one side of the road, the right-of-way . on the opposite side will still extend to the leneeline; and (3) that additional right-ai-way may be acquired if determined necessary for sound design and safety standards and for final and/or future requirements for right-of-way. Following a brief discussion, it was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the fenceline to fenceline acquisition of right-of-way for West Babcock Street between West Main Street and Fowler Avenue, based on the following assumptions: (1) that where fences do not exist, the right-of-way line will be determined by "connecting the dots" between existing fences; (2) that where the City has acquired 45-foot-wide right-of-way on one side of the road, the right-of-way on the opposite side will still extend to the fenceline; and (3) that additional right-of-way may be acquired if determined necessary for sound design and safety standards and for final and/or future requirements for right-of-way. 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. Pledged Securities as of March 31. 1999 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Youngman and Commissioner Smiley have examined the receipts of . Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Smiley reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Pledged Securities as of March 31, 1999, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1999 RATE MATURITY RECEIPT NO. TOTAL AMOUNT AMERICAN BANK - Bozeman Repurchase Agreement Account . Trusteed with American Bank, N.A.: 5.33 02/04/2000 3133M7GB6 $ 62,000.00 Federal Home Loan Bank Federal Home Mortgage Co. 7.038 06/11/2001 3134AOR79 1.000,000.00 Sub-Total $ 1,062,000.00 All Other Accounts federal Deposit Insurance Corporation $ 100,000.00 06-07-99 --.- ,.,.:;:--:~..",~.," - 5 - Trusteed with American Bank, N.A.: Federal Home Loan Bank 5.45 02/25/2000 243001736 1.500.000.00 Sub-Total $ 1,600,000.00 TOTAL - American Bank - Bozeman $ 2,662,000.00 . This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 1999, by the banks of Bozeman and approve and accept the same. ALFRED M. STIFF, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner SANDRA L. SMILEY, Commissioner MARCIA B. YOUNGMAN, Commissioner 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. "-::',., ._-'~"'"1'-';'\.';'.,~_.......... Discussion - Commissioner proiects Commissioner Smiley announced that the County is forming an advisory committee under the County Planning Board to consider the development of a trail from Bozeman to Three Forks, for economic development purposes as well as health and welfare. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from the Valley Ice Garden, dated May 27, forwarding comments for Commission consideration prior to finalizing plans for a partnership with an amateur hockey association. (2) Notice of public hearing for use of low-income housing tax credits for the . Darlinton Manor, to be held on June 21. (3) Memo from Cemetery Secretary Daria Timmons, dated May 27, indicating the next Cemetery Board meeting is scheduled for 2:00 p.m. on Thursday, June 24, in the Conference Room. (4) Copy of a notice published in the newspaper regarding the spring clean-up of streets and alleys. (5) Copy of a letter and notice identifying drop-off points for recycling of telephone books. 06-07-99 ---------- - .".',.,~... - 6 - (6) Letter from the Gallatin County Planning Board, dated May 24, identifying the locations and dates of upcoming meetings regarding the Gallatin County Master Plan. (7) Copy of an e-mail from Assistant Planning Director Debbie Arkell indicating that only two members were present at the May 25 Design Review Board meeting. Commissioner Rudberg expressed concern that only two of eight members attended the . meeting and yet they spent two hours discussing one project. Once again, she proposed that this board be disbanded. (8) Memo from Clerk of the Commission Sullivan, dated June 3, forwarding a brief overview of her week's activities. (9) Minutes from the Pedestrian/Traffic Safety Committee meeting held on May 5, 1999. (10) Minutes from the Local Water Quality District meeting held on March 1; the Board of Health meeting held on March 9; the Board of Health meeting held on April 7; the Local Water Quality District Budget Sub-committee meeting held on April 21; and the Board of Health Sub-committee meeting held on April 21. (11) Agenda for the County Commission meeting which was held on Tuesday, June 1, at the Courthouse. (12) Agenda for the Development Review Committee meeting which was held on Tuesday, June 1, in the Commission Room. (13) Agenda for the City-County Planning Board meeting which was held on . Wednesday, June 2, in the Commission Room. (14) Newsletter from Headwaters Recycling, dated June 3, announcing that the next meeting will be held on June 9 in Boulder. (15) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 8, in the Commission Room. (16) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 8, in the Commission Room. (17) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 8, at the Courthouse. (18) City Manager Johnson submitted his weekly report, as follows. (1) Attended the historic preservation awards ceremony over the weekend at The Baxter. (2) Stated he is in negotiations with the Teamsters this week. (19) Commissioner Youngman stated that she participated in picking up litter on Trails Day and then attended the dedication of the Story Mill Spur Trail, which has interpretive signs to help identify the history along the trail. . (20) Mayor Stiff stated that he and his wife attended the Historic Preservation awards ceremony at The Baxter, which was a well-attended event. He then reviewed his personal history with the building, noting that his father help with excavation for the basement, and he attended formal dances there when in high school. (21) Commissioner Smiley stated that she attended the Recreation and Parks Advisory Board and City-County Planning Board meetings last week. (22) Commissioner Frost proposed that the reference on Page 3 of Commission Resolution No. 3294 be made gender neutral. 06-07-99 .- --.------- - ",".- . - 7 - Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3291 - settina water rates. effective Julv 1. 1999 COMMISSION RESOLUTION NO. 3291 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 3292 - setting wastewater rates. effective July 1. 1999 COMMISSION RESOLUTION NO. 3292 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTEWATER (SEWER) SERVICE AND SURCHARGE ON WASTEWATER (SEWER) SERVICE FOR THE CITY OF BOZEMAN. Commission Resolution No. 3293 - settina solid waste collection rates. effective Julv 1. 1999 COMMISSION RESOLUTION NO. 3293 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES WITHIN THE CITY OF BOZEMAN. Commission Resolution No. 3294 - amending the rules of Drocedure for conduct of City Commission business COMMISSION RESOLUTION NO. 3294 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. Acknowledge receiDt of reauest for annexation - Michael and Katv Derzav - 2.0- acre Darcel described as COS No. 17. FM1594 Plat. located in the SE%.. SW%. Section 35. T1 S. R5E. MPM (5405 Baxter Lane): refer to staff Authorize City Manaaer to sian - Release and Reconveyance of Easements - Westland EnterDrises. Inc. - abandon 20-foot-wide sewer DiDeline easement established by DrescriDtive use across Lots 11 and 12. Block 15. New Hvalite View Subdivision (along Cherry Drive cul-de-sac) . Authorize Mayor to sian - Findinas of fact and Order for Amended Plat of Lot 3. Block 1. West Park Manor 1 st Addition (to create two townhouse lots at 309-311 North 19th Avenue) AcceDtance of Warranty Deed from The Pea Cannery for Tract B of the Amended Plat of Blocks 3 and 4. Imes Addition (Oak Street riaht-of-way) Authorize City Manager to sign - acceDtance of easement from George E. Westlake and Kay H. Martinen - 40-foot-wide easement extending northward from Oak Street for sewer main 06-07-99 - ,.__ ...__,n __.._._... - 8 - Award bid for construction of Oak street between North 7th Avenue and North Rouse Avenue - JTL GrouD. Inc.. Belarade. Montana - in the bid amount of $527 .186.57 AdODtion of Wastewater Facility Plan. dated Auaust 1998. as DreDared by MSE-HKM. Engineering . Authorize City Manager to sign - Agreement between City and Comma-Q Architecture. Inc.. for Bozeman senior Center Renovations (for lower level) Authorize City Manager to sign ~ Water PiDeline and Access Easement and Aareement from Golf Course Partners. Inc. - 30-foot-wide easement between Story Mill Road and Mcllhattan Road (across Bridaer Creek Golf Course) ExemDtion from subdivision review - PhiliD Saccoccia. Jr. - for realignment of common boundary between Tracts 4A and 4B. COS No. 1215A (northeast corner of intersection of West Oak Street and North 19th Avenue) ADDroval of final Dlat for Durston Meadows Subdivision. Phases 6 and 7 (for northward extension of Durston Meadows Subdivision. Iyina between North 25th Avenue and North 27th Avenue. along north side of Durston Road) ADDroval of reauest for Darade Dermit and waiver of fee for bike Darade in bike lanes alona South Third Avenue between Sacaiawea School and the intersection of South Third Avenue/Oraf Street/Wagon Wheel Road - Wednesday. June 8 . Building InsDection Division reDort for ADril 1999 Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Work session - review of City Manaaer's budaet recommendations for Fiscal Year 1999-2000 Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated June 3, 1999, requesting that this work session be delayed to June 14. City Manager Johnson stated that Administrative Services Director Miral Gamradt is preparing a presentation, and an advertisement will be published later this week encouraging the public to attend the work session to learn about the budget recommendations and then attend the public hearing on June 21 to provide their input. . Executive session re Dersonnel - evaluation of City Manaaer Following Commissioner discussion, City Manager Johnson stated he does not wish to waive his right to privacy, and requested that the Commission conduct his evaluation in executive session. At 4: 15 p.m., Mayor Stiff announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public 06-07-99 --.-- ..-- - 9 - disclosure. He then called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager and Clerk leave the room. At 4:57 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. . Recess - 4:57 D.m. Mayor Stiff declared a recess at 4:57 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and the public interest item. Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and the public interest item. Public hearina - issuance of bonds secured bv SID Revolving Fund for SID No. 664. construction of West Beall Street between North 23rd Avenue and North 25th Avenue This was the time and place set for the public hearing on issuance of bonds secured by the SID Revolving Fund for Special Improvement District No. 664, construction of West Beall Street between North 23rd Avenue and North 25th Avenue. Mayor Stiff opened the public hearing. . No one was present to speak in support of or in opposition to the proposal to secure the bonds for Special Improvement District No. 664 with the Special Improvement District Revolving Fund. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the issuance of bonds for SID No. 664 which are secured by the SID Revolving Fund. 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. Commission Resolution No. 3295 - affirming the Dledae of the SID Revolving Fund to the security of SID No. 664 bonds Included in the Commissioners' packets was a copy of Commission Resolution No. 3295, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3295 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $150,000 SPECIAL IMPROVEMENT DISTRICT NO. 664 BONDS; AFFIRMING THE PLEDGE OF THE REVOLVING FUND TO THE SECURITY THEREOF. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Commission Resolution No. 3295, affirming the pledge of the SID Revolving Fund to the security of SID No. 664 bonds, be adopted. 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. 06-07-99 -.---------..- . -.------- -.-... - 10 - Commission Resolution No. 3289 - relating to the $150.000 SID No. 664 bonds: fixing the form and details and Droviding for execution and deliverv thereof and securitv therefor Included in the Commissioners' packets was a copy of Commission Resolution No. 3289, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3289 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $150,000 SPECIAL IMPROVEMENT DISTRICT NO. 664 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3289, fixing the form and details and providing for execution and delivery of SID No. 664 bonds and the security therefor, be 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. Public hearina - Certificate of ADDrooriateness with deviation from Section 18.50.160. Bozeman Municipal Code. to allow construction of addition attaching house to non-conforming aarage which encroaches 12.2 feet into 20-foot rear vard setback on south half of Lots 8. 9 and 10. Block D. Alderson's Addition - Creston Stewart for 219 South Grand Avenue (Z-9959) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Creston Stewart under Application No. Z-9959, with a . deviation from Section 18.50.160 of the Bozeman Municipal Code, to allow the construction of an addition attaching an existing house to a non-conforming garage which encroaches 12.2 feet into the required 20-foot rear yard setback on the south half of Lots 8, 9 and 10, Block 0, Alderson's Addition. The subject property's address is 219 South Grand Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He reviewed the application, which includes interior alterations and the addition of a breezeway connecting the existing house with the existing non-conforming garage. He noted the garage is located within the required rear yard setback, which triggers the requirement to seek approval of this deviation. Mr. Tad Tsukamoto, applicant's representative, indicated he has nothing to add to the report as submitted by staff. Mrs. Bonnie Hash, 1204 North 9th Avenue, questioned whether turning maneuvers into the garage are safe, given its close proximity to the alley. The Historic Preservation Planner responded that many of the garages in the area are located on the property line, while this one simply encroaches into the rear yard setback. He recognized that the turning radius is tight; however, he noted it has functioned properly for . several years. He then stressed that construction of the proposed breezeway will not affect access into the garage. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness, as requested by Creston Stewart under Application No. Z-9959, with a deviation from Section 18.50.160 of the Bozeman Municipal Code, to allow the construction of an addition attaching an existing house to a non-conforming 06-07-99 ...--------.--.-- .-"..--.--- - 11 - garage which encroaches 12.2 feet into the required 20-foot rear yard setback on the south half of Lots 8, 9 and 10, Block 0, Alderson's Addition, subject to the following conditions: 1. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 2. This project shall be constructed as approved and conditioned in the . Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearing - Certificate of ADDroDriateness with deviations from Sections 18.24.030. 18.24.050. 18.50.120 and 18.50.160. Bozeman MuniciDal Code. to allow two living units on a lot with 424 sauare feet less than the reauired 6.600 sauare feet. new front Dorch to encroach 11 feet into reauired 25-foot front yard and 3 % feet into 8-foot side yard. allow for stackina of off-street oarkina soace in driveway and reduce number of oarkina soaces from four to two. and allow expansion of a non-conforming structure which encroaches into reauired front and side yards on a 50-foot by 123%-foot Darcel in the Fleagle Tract of Beall's Third Addition - William Nee for 316 North Third Avenue (Z-9964) This was the time and place set for a public hearing on the Certificate of . Appropriateness, as requested bV William Nee under Application No. Z-9964, with deviations from Sections 18.24.030, 18.24.050, 18.50.120 and 18.50.160 of the Bozeman Municipal Code, to allow two living units on a lot with 424 square feet less than the required 6,600 square feet, a new front porch to encroach 11 feet into required 25-foot front yard and 3 Y2 feet into 8-foot side yard, allow for stacking of an off-street parking space in the driveway and reduce number of parking spaces from four to two, and allow expansion of a non-conforming structure which encroaches into required front and side yards on a 50-foot by 123 Y2 -foot parcel in the Fleagle Tract of Beall's Third Addition. The subject property is more commonly known as 316 North Third Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He noted that several letters have been received from residents in the area, and briefly reviewed them. He then reviewed the deviations being requested, noting that staff has carefully reviewed them in light of the criteria and has supported them. He noted that the site is presently in disarray, and this application will improve its character and livability. He also noted that the requested reduction in on-site parking and stacking of the parking spaces is consistent with this older neighborhood and will help to preserve the existing landscaping and yard space. Historic Preservation Planner Strahn then stated that this project is being concurrently reviewed by the Building Inspection Division, to speed up the review process. He noted, . however, that the plans which have been submitted to the Building Inspection Division for their review show three separate living units on the property, while the plans submitted to the Planning Department show only two living units. He stated that the difference in the plans is a flat top kitchen area in the upper story of the rear addition, which creates a mother-in-law apartment. He indicated the applicant has been informed that this project was advertised as a duplex, with attendant parking deviations, and was given the option of starting the process over, if the tri-plex is desired, or removing the third kitchen. The Planner requested that, in light of this latest development, which occurred on Friday, a condition be added to approval of the application, to limit this project to a duplex only. 06-07-99 - 12 - Mr. Jeff Brown, applicant's son, stated his parents live in the house on North Grand Avenue that is the subject of the picture submitted with one of the letters raising concerns about this application. He stated that the house is his parents' house, and they have been renovating it themselves as a retirement project. He noted the project has taken nearly three years, and indicated that the siding is now being painted and is ready to put up; and the interior is nearly complete. He stated that this subject project is to be completed by a professional contractor, with two to four others assisting, which means it will move much more quickly. . Mr. Brown stated that the current front porch is larger than the proposed porch, which he feels will be an improvement. He then stated it is their intent to create a very nice New England style house that blends into the neighborhood and improves the site. He concluded by encouraging Commission approval. Responding to Commissioner Rudberg, Mr. Brown stated that, under this project as planned, his sister will live in the main house, the upstairs master suite will be occupied by their grandmother, and he will live in the new studio area. He then indicated that they had proposed to provide a place for their grandmother to cook her own food; however, with that being construed as a tri-plex, they will eliminate those kitchen facilities. Historic Preservation Planner Derek Strahn stated that the applicant has, indeed, submitted revised plans to both the Building Inspection Division and the Planning Department, and those plans show that the kitchen facilities have been eliminated. Responding to Commissioner Frost, the Planner stated that, since the new porch will still encroach into the front and side yard setbacks, deviations are required, even though the encroachment will be less than the existing situation. Mr. Steve Torstveit, 315 North Third Avenue, asked if the porch is to be enclosed or . open, noting that is important. He stated that, at the present time, the porch is just a cover extending over a platform; and an enclosed porch would have a much different impact. He then questioned why it is necessary to create a duplex on the subject property. Historic Preservation Planner Strahn responded that the plans show essentially an open porch with columns and access from the side. He then stressed that the subject property is zoned "R-4", Residential--High-density, and duplexes are permitted in this zone. As a result, staff did not question placing a duplex on the site. Mr. Peter VanDyken, 310 North Third Avenue, stated the subject lot is too small for a duplex. He is also concerned about the impacts that this proposal could have on parking in the area, particularly since the elderly lady who previously lived there had no car and, even then, parking was almost a problem. He asked that, if the Commission decides to approve the request for a duplex, it not allow the requested deviation to the required number of parking spaces. He concluded by stating that no one in the area objects to a single-family residence, he does not like a duplex, and he is absolutely opposed to a tri-plex. Mr. Blade Young, 318 North Third Avenue, stated he lives immediately to the north of the subject site. He feels the Nees would be good neighbors, but he is concerned about the duplex. He noted the original plan was that the contractor would be the caretaker of the site, with his daughter living in the house, and that seemed acceptable. He then expressed concern about the impacts that this could have on parking in the area, especially when some of the . properties have no off-street parking. He also characterized on-street parking near the intersection of North Third Avenue and West Villard Street as dangerous because of the number of crashes. He concluded by asking that the duplex not be allowed, noting the lot is too small and adequate parking is not being provided. He also expressed concern about where the construction dumpster is sited because it eliminates some of the on-street parking spaces. Mr. Jeff Brown stated that he showed the plans for this site to a number of residents in the area prior to this meeting, and received no direct complaints when doing so. He then indicated that the required off-street parking spaces could be provided, but it would mean paving the back yard, and he is not certain that would fit with the site or the neighborhood. 06-07-99 __ ________.__n - 13 - He then apologized for the location of the dumpster, noting that it was previously set in the driveway. Ms. Michael Dixon, 315 North Third Avenue, stated her biggest concern is parking, particularly since the sidewalks are located next to the street, so the snow is shoveled into the street. She also noted that on-street parking is minimal in this area, particularly since parking on both sides of the street during the winter makes "navigating North Third next to impossible" . . Responding to Commissioner Frost, the Historic Preservation Planner stated that. if the Commission wishes, it could require that the applicant provide at least one parking space in the back. He then indicated that, until this hearing, he was unaware of the strong neighborhood concerns about parking. Commissioner Frost stated that he drove by this site yesterday afternoon, and there appeared to be no parking problems. He noted that if there had been something in the packets to indicate a neighborhood concern, he would have driven by the site more often prior to this hearing. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness, as requested by William Nee under Application No. Z-9964, with deviations from Sections 18.24.030, 18.24.050, 18.50.120 and 18.50.160 of the Bozeman Municipal Code, to allow two living units on a lot with 424 square feet less than the required 6,600 square feet, a new front porch to encroach 11 feet into required 25-foot front yard and 3 Y:z feet into 8-foot side yard, allow for stacking of off-street parking spaces in driveway and reduce number of parking spaces from four to two, and allow . expansion of a non-conforming structure which encroaches into required front and side yards on a 50-foot by 123 Y:z-foot parcel in the Fleagle Tract of Beall's Third Addition, subject to the following conditions: 1. That this approval be for a duplex, as advertised, and not a tri-plex, as reflected in the initial plans submitted to the Building Inspection division. 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any mod ifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Ordinance No. 1494 - adding ChaDter 2.66 to the Bozeman MuniciDal Code to allow for creation of a Citv Planning Board Included in the Commissioners' packets was a copy of Ordinance No. 1494, as approved by the City Attorney, entitled: ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED 06-07-99 - 14 - BY ADDING CHAPTER 2.66; PROVIDING FOR THE CREATION OF A CITY PLANNING BOARD, CONSISTENT WITH STATE LAW. Mr. Jim Cannata, 608 West Babcock Street, encouraged the Commission to create a Planning Board "with some teeth, that works and is not driven to the wayside with a whim". At Commissioner Rudberg's request, Assistant City Manager Ron Brey reviewed the latest changes in this Ordinance, noting that it does not include staggered terms in light of the . statutory provisions for appointments, rather, all of the initial terms will expire on January 31, 2000. He then stressed that this ordinance simply creates the City Planning Board, and how it functions will be addressed in the interim zoning ordinance. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1494, adding Chapter 2.66 to the Bozeman Municipal Code, to allow for the creation of a City Planning Board, be finally adopted. 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 hearina - emergency interim zoning ordinance to modify Title 18 of the Bozeman MuniciDal Code to establish procedures for administration of the municiDal zoning ordinance and accommodate transition Deriod. and transfer all Dowers and duties of Board of Adiustment to City Commission This was the time and place set for the public hearing on Ordinance No. _, a copy of which was included in the Commissioners' packets, entitled: ORDINANCE NO. - . AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING PROCEDURES FOR THE ADMINISTRATION OF THE MUNICIPAL ZONING ORDINANCE WITHIN THE CITY LIMITS AND ONE (1) MILE OF THE CITY LIMITS, TO ACCOMMODATE THE ANTICIPATED CEDE OF ZONING AUTHORITY IN THE EXTENDED JURISDICTIONAL AREA OF BOZEMAN FROM THE CITY OF BOZEMAN TO GALLATIN COUNTY, AND TRANSFERRING THE POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT, INCLUDING THE AUTHORITY TO CONSIDER AND GRANT SPECIAL EXCEPTIONS TO THE CODE, AND TO HEAR AND DECIDE UPON ALL VARIANCE APPLICATIONS, TO THE CITY COMMISSION. Mayor Stiff opened the public hearing. Staff Attorney Tim Cooper stated that this is the second in a series of transition ordinances necessary to prepare for the loss of the City-County Planning Board and the extraterritorial jurisdictional area. He noted that there is no exact date when the conversion from the City-County Planning Board to a County Planning Board and a City Planning Board will be made, since it will occur simultaneously with the County's adoption of the 201 zoning district. He then noted that this ordinance will become effective at that same time, and identifies how projects will be handled in the transition. He also noted that under this ordinance, the Commission will assume the powers and responsibilities of the Board of . Adjustment. Assistant City Manager Brey characterized this as a transition document, which addresses how to handle applications now being submitted that will not be fully processed until after the separation in planning processes has occurred. He also stressed that these are emergency interim ordinances, with the permanent ordinances to be processed after the transition is completed. No one was present to speak in support of or in opposition to the proposed ordinance. 06-07-99 -..-..- .--- ---.-------....-..- - 15 - Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1496, establishing the emergency interim zoning ordinance to establish procedures for administration of the municipal zoning ordinance, accommodate a transition period, and transfer all powers and duties of the Board of Adjustment to the City Commission, be adopted. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No being Commissioner Rudberg. Public hearina - aoolication to Montana Deoartment of TransDortation for use of CTEP monies This was the time and place set for the public hearing on applications to the Montana Department of Transportation for use of Community Transportation Enhancement Program (CTEP) monies for (1) paying the added costs of installing the historic traffic signal standards proposed in the downtown plan when the signals are changed out downtown and (2) reconstructing the Opera House arch in Soroptimist Park. Mayor Stiff opened the public hearing. Special Projects Coordinator James Goehrung stated this public hearing is required to fulfill the public input requirements for the TEA-21 program. He then noted that, included in the Commissioners' packets was a memo dated June 3, in which he identified the projects to be included in the application, along with the indication that the applications were on file in the Clerk of the Commission's office for anyone who wished to review them. No one present to speak in support or in opposition to the applications. . Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission authorize and direct staff to submit the applications for TEA-21 monies, as listed above. 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. Aooellate hearing - aooeal of Plannina Board's conditional aooroval of maior site elan for Aseen Meadows. to allow construction of twelve four-olex aoartment buildinas and an office containinglaundrv facilities on 5.9 acres described as Tract 1. COS No. 5082 (1062 West Oak Street) (Z-9921 >> This was the time and place set for the appellate hearing on an appeal of the City- County Planning Board's conditional approval of a major site plan for Aspen Meadows, under Application No. 2-9921, to allow construction of twelve four-plex apartment buildings and an office containing laundry facilities on 5.9 acres described as Tract 1, Certificate of Survey No. 5082. The subject property is known as 1062 West Oak Street. . Mayor Stiff opened the appellate hearing. Staff Attorney Tim Cooper reviewed the process to be followed in an appellate hearing, noting that the decision of any project applied for under Title 18 of the Bozeman Municipal Code may be appealed to the next higher level. He stressed that consideration of this appeal must be based on the record from the Planning Board hearing, and this hearing is to be limited to the grounds of the filed appeal. He then noted that, following this hearing, the Commission must either uphold the decision, or overturn or modify the Planning Board decision, based on finding that order or decision erroneous and contrary to the zone code. 06-07-99 -.----.--.- - 16 - Assistant Planner Therese Berger presented the staff report. She noted that, submitted in the Commissioners' packets, was the information upon which the decision is to be based, including the minutes and exhibits and public testimony considered at the City-County Planning Board meeting held on May 4. She gave a brief overview of the project, which is for twelve four-plex apartment buildings to be constructed on a 5.9-acre tract located along the south side of West Oak Street, west of the Royal Vista Subdivision. She stated that, following review of recommendations from the Development Review Committee and Design Review Board, the Planning Board held its public hearing and, on a vote of 4 to 2, approved the major site plan . with conditions. Subsequently, the Planning Office received an appeal containing 23 signatures representing twelve households, identifying several concerns. The major concerns include the floodplain and wetlands, wildlife, elevations and lighting, parking and the narrowness of the street, and the zoning designation. The Assistant Planner gave a brief overview of each of the bases of appeal, as contained in her written staff report. She stated the appellants indicate that Mandeville Creek frequently floods to 50 feet on each side of the creek during the spring, and a portion of the site is wetlands. She noted that Mandeville Creek is not identified as a FEMA floodplain, but the potential of that creek having a high water was recognized by the Montana Department of Transportation when West Oak Street was constructed. She recognized that, while the land is vacant, wildlife may be sighted. She noted, however, that this property is designated for urban residential infill and may appropriately act as a buffer between commercial and single- family residential development. She also noted that this property has been zoned "R-3", Residential--Medium-density, since the mid-1970s; and this proposed use is in compliance with that zoning. The Assistant Planner concluded her presentation by reminding the Commission that its decision must be based on the record from the Planning Board, and only evidence relative to the grounds of the appeal may be considered. . Mrs. Bonnie Hash, 1204 North 9th Avenue, stated that she coordinated the appeal of the Planning Board's conditional approval of Aspen Meadows. She noted one of their main complaints is that Units A and D sit in wetlands and a potential floodplain on the eastern portion of the property. She also expressed concern that the developer wishes to put in four feet of fill upon which to build some of the units, which could create flooding problems downstream. She stated they are also concerned about the wildlife which can currently be seen on the property, particularly the ducks that nest and raise their young in this area. Mrs. Hash indicated the residents in this area are also concerned about the zoning designation, noting that she was one of those who questioned the new zoning when it was enacted in the early 1970s. She noted that at that time, the motel and restaurant had existed for many years, since it was built in the 1950s. She stated that, with the potential of this development, the values of the homes in the Royal Vista Subdivision will decrease, and they will become essentially unsaleable. Mrs. Hash also expressed concern about the fact that these units are to be rentals rather than owner occupied. She stated that, even with a manager, these rental units will not be as well maintained as they would be if they were owned. She then indicated that if some of the units were eliminated on the eastern portion of the site, this development would be more acceptable than it currently is. She concluded her presentation by drawing the Commissioners' attention to the petition that has been filed, and then submitted a petition with additional . signatures to the Clerk of the Commission. Mr. Frank Schledorn, 1208 North 8th Avenue, stated he has lived at this address since 1960 and is a retired civil engineer. He noted that the subject 5.9 acres, with Mandeville Creek running through it and attendant flooding problems and the wetlands, does not seem to be a great place to build. He questioned the density of twelve four-plexes on the site and suggested there are better properties in the community for this type of development. He noted that the two negative votes from the Planning Board reveal that residents in the area are not the only ones that recognize this fact. 06-07-99 ....___.._n. . - .----------..-....-... ________..._...._ .n.. - 17 - Mr. Jeff Fox, representing the developer, stated that one concern they have heard mentioned several times is building in the floodplain. He stated that the FEMA maps do not designate this as a floodplain, and regulations require that any buildings constructed in such an area be above the floodplain. He then indicated that the lowest finished floor elevation in this development is to be higher than the elevation of West Oak Street where it is anticipated water will cross the road every 100 years. Mr. Fox stated that the applicant has retained Wetlands West to identify any wetlands . on this site, and one marginal indicator has been found. He noted that they have applied for, and received, a 404 permit to work on this site. He concluded by noting that the proposed development is at approximately one-half of the maximum density allowed under the existing zoning designation. He stressed that this affordable housing project is to be built locally, managed locally and house local residents. He also indicated that management staff will be located on site, and it is to be constructed and maintained as a quality project. Mr. Per Hjalmarsson, C & H Engineering, stated the road through the development is to be a circular loop with buildings on either side of the road. He noted that only one building comes into conflict with the wetlands, and less than one-fourth of the footprint of that buidling is involved. Responding to Commissioner Youngman, Mr. Hjalmarsson indicated that the number of units shown on the site plan is the number needed to meet the requirements of the funding. He then indicated that the unit next to the wetlands is to be constructed with an 8-foot foundation wall, with four feet to be exposed, and with landscaping. He stressed that no extra fill is to be located on the wetlands. He then indicated that the relocation of the one building would negatively affect the other units in the development. Further responding to Commissioner Youngman, Mr. Hjalmarsson stated there is a 35- foot setback from the streambank, as required under the City's zone code. He then indicated . that the floodplain is not identified by width, but by elevation and, in this instance, much of the flooding is sheet flow. Ms. Donna Lovell, Wetlands West, stated she did some wetlands delineation on May 20 and found that they are a Nationwide 26 status. She noted that the applicant has received 401 certification and has both 404 and 401 permits from the Department of Environmental Quality. She characterized the wetlands as very marginal, noting there is only one vegetative indicator on the site. Ms. Holly Brown, attorney representing the applicant, stated the appeal does not state appropriate grounds for a basis of appeal. She noted the standard delineated in the code for modifying or overturning the Planning Board's decision is that the decision was erroneous or contrary to zoning, and no allegation or evidence has been presented to indicate that it was. She noted that concerns regarding wetlands, parking, lighting and other items were addressed during the hearing before the City-County Planning Board as well as during reviews by staff and various boards over the past six months. She further stressed that no variances have been requested or granted in conjunction with this application. She noted that the project provides for affordable housing, with the Human Resource Development Council providing the management. She concluded by questioning whether the appellants meet the definition of aggrieved party under the code, and reserved that issue in the event of an adverse decision by the Commission. . Responding to Commissioner Youngman, Assistant Planner Therese Berger stated that the light fixtures for this project are to have full cut-off shields, and the lighting is the subject of one of the conditions of approval. Since there were no Commissioner objections, Mayor Stiff closed the appellate hearing. Commissioner Youngman stated that, based on the technical information submitted and the fact that the applicant has a 404 permit, she feels modification of the Planning Board's decision would be inappropriate. She then noted that tonight's testimony indicates conformity 06-07-99 - 18 - with the code and that the legitimate neighborhood concerns have been addressed through the design of the project. She then noted that if this application were being considered at an earlier stage, she would suggest tinkering with a few of the conditions; but it would be inappropriate to do so under this process. She then indicated that, while she understands the neighborhood concerns, she feels that well-managed apartments provide the best buffer possible from the adjacent commercial development. . Commissioner Frost announced that he will abstain from voting to avoid any perception of a conflict of interest. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission uphold the City-County Planning Board's decision of conditional approval of the major site plan for Aspen Meadows, under Application No. Z-9921, to allow construction of twelve four-plex apartment buildings and an office containing laundry facilities on 5.9 acres described as Tract 1, Certificate of Survey No. 5082. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Commissioner Frost abstained. Break - 8:47 to 8:55 D.m. Mayor Stiff declared a break from 8:47 p.m. to 8:55 p.m., in accordance with Commission policy. Memorandum of Agreement between the City of Bozeman and Gallatin County for construction of a Davilion at the Fairgrounds . Included in the Commissioners' packets was a copy of the latest revision to the Memorandum of Agreement between the City and the County for construction of a pavilion at the Fairgrounds. Distributed just prior to the meeting were the results of the survey around Bogert Park, as prepared by Mr. Gary Gullickson. City Manager Clark Johnson stated that, at the joint City-County meeting two weeks ago, the Commission asked staff to draft an agreement that is acceptable to both the City and the County. He indicated that he and Staff Attorney Cooper met with Deputy County Attorney Gray and developed the draft agreement now before the Commission. He noted that in several cases, the agreement addresses the concerns previously raised, and in a couple instances, the concerns were not specifically addressed. He then indicated that the phrase "appropriate and reasonable funding" has been changed to $190,000, which is a figure the Commission may adjust as it wishes. He noted that $10,000 of that amount would be designated for lighting of the pavilion, in recognition of the work that the Bozeman Amateur Hockey Association (BAHA) has done in installing lights at the Bogert pavilion. He noted that one of the other concerns raised was how and when the landscaping around the pavilion is to be completed. He stated that, since the Fair Board intends to use landscape classes at MSU next fall to develop a design for the entire Fairgrounds and since no site plan exists at this time, it is difficult to answer that concern. He stated, as a result, the contract references a formal park setting adjacent to the pavilion and accompanying facilities, noting that the initial landscaping is to extend from the gate on Tamarack Avenue to the pavilion and the park is to include, at a minimum, irrigated grass and trees. He noted that this portion of the project is to be . completed no later than Fall 2000, with the County being responsible for the installation and maintenance of those improvements. The City Manager indicated that Page 2 includes an escape clause for the County, with some similar options for the City. He stated that under this clause, if the monies earmarked for the project result in too great a funding shortfall, the County can determine it cannot afford the project and terminate it. He then suggested that the Commission may wish to address the issues of access to the pavilion and accompanying facilities and rental of the pavilion. 06-07-99 .....-- - 19 - City Manager Johnson noted that the City has five pavilions and a bandshell for rent at the present time. He stated there are no restrictions on the rental of the pavilions; however, there are time restrictions on rental of the bandshell. He suggested that one option would be to allow for rental of the pavilion any time during regular hours, except during the summer and winter fairs, with the park setting around it being available for free public use at all times. Commissioner Smiley suggested that Section 3.C.1. be revised to reference one week for the winter fair and one week for the summer fair. . Commissioner Youngman noted the City has a policy that does not allow profit making events in City parks, yet most events at the County Fairgrounds involve the exchange of money. She noted that, under the agreement as drafted, events such as weddings would be allowed at the Fairgrounds; however, she cautioned that the language may be more restrictive than was intended. Responding to Mayor Stiff, the City Manager stated that the City will receive no revenues from rental of the pavilion, and will not be responsible for any of the maintenance. Responding to Commissioner Frost, the City Manager confirmed that there is $170,000 in the Haynes fund and, if the Commission approves the agreement with the $190,000 in it, the remaining $20,000 would come from the General Fund. Responding to Commissioner Youngman, the City Manager stated that the pavilion is estimated to cost $200,000; however, the extension of water and sewer services to the site could raise the costs to $215,000 or $225,000. Mayor Stiff noted that under this proposal, the City would have a $190,000 capital improvement program commitment, but no operating or maintenance costs. . At Mayor Stiff's request, Mr. Gary Gullickson briefly highlighted the results of his survey. He noted that, of the 40 properties in Zone 1, which are properties facing Bogert Park, he has received 33 responses, and he has broken those responses down by street frontages as well as providing the total. Mr. Gary Kline, President of BAHA, stated his full support for the agreement and encouraged the Commission to expedite its execution as quickly as possible so they can move forward with the development of an ice hockey rink. Ms. Mary Vant Hull, 416 East Story Street, encouraged the Commissioners to reject the contract. She noted that the city is part of the county and already pays county taxes, which help to fund the Fairgrounds. She then encouraged the Commissioners to seek public input prior to spending the Haynes monies and let the hockey program return to the Bogert pavilion. Ms. Anna Epp, 8986 River Road, representing the BMX, skateboarders and Westlake Park, encouraged the Commissioners to reject this agreement and seek public input prior to expending the Haynes monies. She noted that several different groups could use those monies well, suggesting a community center could be of greater benefit than another pavilion. She also identified several other possible projects, and suggested that improvements to Westlake Park, under which the BMX track and a skateboard facility are combined, would be beneficial for the youth of the community and provide them a place free of conflicts. . Mr. Bill Clinton, 216 Lindley Place, stated his support for the agreement. Ms. Lisa Tuckerman, 43 Gardiner Park Drive, stated that she fully supports the contract. She noted that BAHA has done things that people did not believe could be done, and they have waited fifteen years for refrigerated ice. She suggested that the Fairgrounds is a fair compromise to Bogert Park, since it is still close to the downtown. 06-07-99 - 20 - Mr. Fred Nelson, 213 Lindley Place, stated his support for the agreement. He noted that Bogert Park accommodates many different activities, and this agreement allows for the relocation of one of those activities to a more appropriate place. Mr. Jim Cannata, 608 West Babcock Street, expressed his disapproval of the misinformation contained in Sunday's newspaper article on the pavilion. He noted that the pavilion at the Fairgrounds is to be a multi-purpose facility, which is long overdue in the community. He recognized that in the winter, it will be used for hockey; however, he . suggested that in the summer, it could accommodate skateboarders and possibly different types of organized sports. Responding to Commissioner Frost, the City Manager stated that whether ice hockey would be allowed at Bogert Park is a Commission decision. He noted that under this agreement, organized ice hockey would be moved to the Fairgrounds and no boards would be installed at Bogert, but that would not necessarily preclude hockey. Commissioner Frost stated he cannot support the agreement, noting "the bottom line is money". He stated the City has not been able to fund its top goals, and is now being asked to spend another $20,000. He stated that refrigerated ice can be provided at Bogert Park, and he feels the noise can be adequately mitigated. He also noted that under this agreement, pick up hockey could still occur at the Bogert pavilion, and it would create as much noise as organized hockey. He then indicated he would like to see the Haynes monies used to upgrade Bogert Park instead of being spent on a pavilion at the Fairgrounds that the County can then use to generate revenues. Commissioner Youngman stated that, since Bogert Park still provides a viable alternative for refrigerated ice in a better timeframe for BAHA, she is not supportive of this agreement. She expressed concern that the County will not approve the agreement because of the financial . obligation involved, which would put BAHA in a bind for next season. She also expressed concern about spending the Haynes monies on something that has not been identified as a top priority through some type of community process. She concluded by stating that, while she supports the idea of working with the County and has no problem with the concept of a pavilion at the Fairgrounds, she feels the City is being requested to share on a disproportionate basis. Mayor Stiff expressed his support for the agreement, recognizing that Bozeman needs a good hockey program. Commissioner Smiley stated that she is concerned about trying to adequately mitigate the noise resulting from providing refrigerated ice at Bogert Park. She stated that she is not thrilled with committing $190,000 toward the project, but she is interested in seeing the County's reaction to this agreement. She recognized that, if the County is not willing to accept the agreement, it would be possible to allow hockey to remain at Bogert Park. Commissioner Rudberg noted that the Commission had originally indicated the Haynes monies would be used as match monies to create a more valuable asset for the community, and no other group has stepped forward with a $150,000 commitment. She then indicated her support for this agreement, noting that a multi-purpose facility for the community will be the result. She concluded by noting that constructing the pavilion at the Fairgrounds will remove . it from close proximity to residences, which should reduce potential conflicts now and in the future. Commissioner Smiley expressed her interest in decreasing the City's commitment to $170,000. After discussion, she indicated a willingness to increase the contribution to $180,000, with the additional $10,000 being taken from the Park Department budget. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the revised draft of the Memorandum of Agreement between the City of Bozeman and Gallatin County, as revised to decrease the City's commitment to $180,000 and to earmark one week each for the winter fair and the summer fair under Item 3.C.1. The 06-07-99 - 21 - 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. Adjournment - 9:44 D.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Rudberg, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No, none. ~.,1 ~.~ ALF 0 M. STI~, Mayor ATTEST: (}J:- ;I A~ ROBIN L. SULLIVAN Clerk of the Commission '. . . 06-07-99 . . ---.-.