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HomeMy WebLinkAbout1999-05-17 Minutes, City Commission -.---.-- . - -.. ....---.--... . ------..--.. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 17, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Monday, May 17, 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, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that Commission Resolution No. 3289, relating to the SID No. 664 bonds, be removed from the agenda, noting it will be rescheduled for a later date. Minutes - SeDtember 8. 1998. ADril 5. ADril 19. ADril 26. Mav 3 and Mav 10. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of May 3 and May 10, 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. Presentation from Bozeman Police DeDartment: Proclamation - "Buckle UD Bozeman Week" - Mav 24-31. 1999 Included in the Commissioners' packets was a copy of the proclamation designating May 24 through 31, 1999, as "Buckle Up Bozeman Week". At Mayor Stiff's request, Clerk of the Commission Sullivan read the proclamation. Assistant Police Chief Bill Kayser stated that the Police Department has received a grant from the Montana Department of Transportation to help educate citizens on the proper use of child safety seats. He noted the grant also contains a Selective Traffic Enforcement Program (STEP) component that will target aggressive drivers. Responding to Commissioner Rudberg, the Assistant Police Chief stated that not wearing a seat belt remains a secondary offense; however, police can stop a driver who has an unrestrained child in the car. He then suggested that the combined program should help to address the aggressive driver and the unbelted adult as well as the unrestrained child, thus leading to a safer community. . Commissioner Rudberg voiced her appreciation for the newspaper column being written by the Police Department, stating she feels it has been well done and is a positive step in communicating with the community. The Commissioners concurred in the Mayor's proclamation. 05-17-99 ---.....-...-..- . -..--.....-...-..--.- - 2 - Preliminarv clat - Baxter Creek Business Park - subdivide 17.56-acre tract located in the NE %. Section 9. T2S. R5E. for develocment of an eiaht commercial lot Dlanned unit develoDment - Montana Ranch ProDerties. Inc.: TriDle 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 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 locate~ along the north side of US Highway 191, west of Cottonwood Road. Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated May 5, asking that this review be opened and continued to June 21, since the Planning Board will be considering it at their June 2 meeting. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that review of the preliminary plat for the Baxter Creek Business Park be continued to June 21, to give the City-County 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. Conditional Use Permit for Planned Unit Develocment - Baxter Creek Business Park - eight commercial lot clanned unit develoDment on 17. 56-acre tract located in the N E %, Section 9. T2S. R5E - Montana Ranch ProDerties. Inc.: Tricle 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 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. Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated May 5, asking that this review be opened and continued to June 21, since the Planning Board will be considering it at their June 2 meeting. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that review of the Conditional Use Permit for the Baxter Creek Business Park Planned Unit Development be continued to June 21, to give the City-County 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 Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Preliminarv Dlat - West Park Manor Townhouse Minor Subdivision - subdivide 8.190-square- . foot lot described as Lot 3. Block 1. West Park Manor. into two townhouse lots - Western General Entercrises Revocable Trust (P-991Q) This was the time and place set for the public hearing on the preliminary plat for West Park Manor Townhouse Minor Subdivision, as requested by Westland General Enterprises Revocable Trust under Application No. P-9910, to subdivide Lot 3, Block 1, West Park Manor Subdivision into two townhouse lots. The subject property is known as 309 and 311 North 19th Avenue. 05-17-99 _.__.. ___ _.___.__._n ... ._._..__..... _..._. - 3 - Assistant Planner Joni Killebrew presented the staff report. She stated that under this application, an existing lot is to be subdivided into two townhouse lots. The subject property has a land use designation of urban residential infill and a zoning designation of "R-3", ResidentialnMedium-density. She noted that the Planning staff and the Development Review Committee have reviewed this application in light of the criteria set forth in State statute, and their comprehensive findings are contained in the written staff report. She then summarized those findings, noting that staff has recommended approval. She stated that the City-County Planning Board conducted its public hearing at their May 4 meeting and, following consideration of the criteria, the staff findings and public testimony, concurred in the staff's . recommendations. The applicant was not present. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the preliminary plat for West Park Manor Townhouse Minor Subdivision, as requested by Westland General Enterprises Revocable Trust under Application No. P-991 0, to subdivide Lot 3, Block 1, West Park Manor Subdivision into two townhouse lots, subject to the following conditions: 1. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including a Platting Certificate issued not more than 30 days prior to submittal. Two mylar and two clothback 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 diskette. 2. The developer shall have one (1) year from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for the two-lot minor subdivision. . 3. If the final plat is filed prior to installation of all improvements, the developer shall enter into an Improvements Agreem~nt with the City of Bozeman guaranteeing the completion of all improvements and shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty percent (150%) of the cost of the remaining improvements. 4. All utility easements shall be depicted on the final plat for review and approval by the Planning Office prior to final plat approval unless the applicant can formally confirm by letterhead that all private utility services (power, telephone, cable) have already been installed to the subject property and additional utility easements are not necessary. 5. The drive accesses off North 19th Avenue to the newly created lots shall be combined into a single, shared access. A City standard residential access shall be installed. 6. The applicant shall contact the Montana Department of Transportation (MDT) regarding this minor subdivision. Any permits or approvals required by MDT including, but not limited, to a utility occupancy permit for the service lines, access permit for the drive approach and/or a street cut . permit, shall be obtained prior to filing of the amended plat. 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. 05-17-99 ------.-.-.---- ~ _n____ ...-.. - 4 - Conditional Use Permit - Ron and Victoriana Ireland for Leslie A. Thompson - allow relocation of existing Hiah Country Care adult foster care (a roup home) to cas No. 153. located in the NE%. Section 17. T2S. R5E. MPM (8659 Haaaertv Lane) (Z-9938) This was the time and place set for review of the Conditional Use Permit requested by Ron and Victoriana Ireland for Leslie A. Thompson under Application No. Z-9938, to allow the relocation of the existing High Country Care adult foster care (group home) to Certificate of Survey No. 153, located in the Northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property's address is 8659 Haggerty Lane. . Assistant Planner Joni Killebrew presented the staff report. She stated the High Country Care adult foster care center is currently located at 1420 West Koch Street and houses four adult residents in addition to the owners. She noted that with this relocation, the owners hope to expand their facility to accommodate eight adult residents, probably within the next one to two years. The Assistant Planner stated that staff has reviewed this application against the criteria contained in the zone code, and the staff's comprehensive findings are contained in the written staff report. She gave a very brief overview of the report, noting that staff forwarded a recommendation for approval, subject to twelve conditions. She noted that, following consideration of this application, the criteria, staff findings and public comment at its May 4 meeting~ the Planning Board concurred in staff's recommendation for approval, subject to twelve conditions. No one was present to speak in support of or in opposition to this requested Conditional Use Permit. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Permit requested by Ron and Victoriana Ireland for Leslie A. Thompson under Application No. Z-9938, to allow the relocation of the existing High . Country Care adult foster care (group home) to Certificate of Survey No. 153, located in the Northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. Per Section 18.50.120.F.1, Bozeman Municipal Code, the applicant shall provide four (4) on-site parking spaces and one (1) handicapped accessible space to meet the parking requirements for housing four residents. Should the applicants upgrade their state license at a future date (as indicated on the application) to accommodate up to eight residents, they would then be required to provide eight (8) on-site parking spaces and one (1) handicapped accessible space to meet the parking requirements outlined in the Bozeman Municipal Code. The second driveway and garage shall serve as designated parking spaces for the owners/primary residents of the facility . 2. Per Section 18.50.120.B.7, Bozeman Municipal Code, all areas intended to be utilized for permanent parking space and driveways shall be paved with concrete, asphaltic concrete, or approved pavers to control dust and drainage. Concerning other parking lot improvements, the Planning Office has determined that this particular use is residential in nature and, therefore, will not require that the applicant provide continuous curbing . around the perimeter of the parking lot area. In lieu of continuous concrete curbing, the application shall use concrete pin down wheel stops. The parking area shall also provide for adequate back up and turning maneuverability within the paved areas of the parking lot and drive aisle. 3. Per Section 18.50.100.D.5.A(2), U All parking lots located between a principal structure and a public street must be screened from the public street. " The applicant shall provide screening with either a landscape hedge or a fence. The screening shall not be less than eight feet in width 05-17-99 - 5 - and shall be maintained at a height of four feet in the front yard and four to six feet in any side yard. 4. The final site plan shall include a detail of any proposed signage. 5. The Gallatin County Environmental Health Office must verify in writing that the septic and well systems on the subject site are adequate for the proposed use, prior to final site plan approval. . 6. The project shall be constructed as presented by the applicant, and as approved and conditioned through this review. Any modification 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. 7. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 8. That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, shall be agreed to in writing by the applicant and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. 9. All conditions specifically stated under this approval shall apply and be adhered to by the owner of the land, successors or assigns. . 10. Seven copies of the final site plan showing how all conditions of approval will be addressed must be submitted to the Planning Office within six months of final approval of the application. An Improvements Agreement must be signed by the applicant prior to final site plan approval. A building permit must be obtained before the commencement of any work, and must be obtained within one year of final site plan approval. A building permit will not be issued until the final site plan is approved. If occupancy of the structure for the group home is to occur prior to completion of all required improvements, the Improvements Agreement shall be financially guaranteed as outlined in the zoning ordinance to secure the improvements required for the affected phase. 11. The applicant shall provide and file with the County Clerk and Recorder's Office, executed Waivers of Right to Protest the creation of RIDs and lor SIDs for the following: A. Street improvements to Haggerty Lane including paving, curb/gutter, sidewalk, storm drainage, sewer and water (unless currently filed with the property). 12. The final site plan shall be adequately dimensioned and must show all . existing utility and other easements. 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. 05-17-99 - 6 - Conditional Use Permit - Pilarim Congregational United Church of Christ - allow 4.940-sQuare- foot addition to existina church on Lot 1. Block 5. ThomDson's Addition No.3 (2118 South Third Avenue) (2-9940) This was the time and place set for review of the Conditional Use Permit requested by the Pilgrim Congregational United Church of Christ under Application No. Z-9940, to allow the construction of a 4,940-square-foot addition to the existing church on Lot 1, Block 5, Thompson's Addition No.3. The subject property is more commonly located at 2118 South Third Avenue. . Assistant Planner Joni Killebrew presented the staff report. She stated that several site improvements are to be completed in conjunction with the addition, including paving and curbing of the parking lot, landscaping improvements and expanding the accesses from 21 feet wide to 24 feet wide. She noted that one letter of support has been received to date, and a copy of that letter was included in the packets. She stated that one lady attended the Planning Board meeting and, on behalf of five neighbors, forwarded concerns regarding the height of the cupola and sanctuary, parking lot lighting, driveway accesses, and landscaping and screening of the parking lot. The Assistant Planner stated that the City-County Planning Board conducted its public hearing on this application at its May 4 meeting. Following the public hearing, consideration of the criteria, public testimony, staff's comprehensive findings and recommended conditions, the Board determined that most of the issues raised were adequately addressed in the conditions. They did, however, add a condition pertaining to parking lot lighting and a condition requiring an access easement. The applicant was present but did not speak, and no one from the public was present to speak. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the . Commission approve the Conditional Use Permit requested by the Pilgrim Congregational United Church of Christ under Application No. 2-9940, to allow the construction of a 4,940-square- foot addition to the existing church on Lot 1, Block 5, Thompson's Addition No.3, subject to the following conditions: 1. Per Section 18.50.120.F.2, the final site plan shall show adequate parking as required by the Bozeman Municipal Code. For churches, the code requires: 1) one space per four seats or six linear feet of space in each building based upon design capacity of main assembly hall, plus 2) public assembly areas, recreational buildings: one per 200 square feet, plus 3) classrooms: one space per four seats. The total requirement for this project is sixty-eight (68) spaces. 2. Per Sections 18.50.100.D and 18.50.100.D.5.c.ii.E.(2) of the Bozeman Municipal Code, any parking lot providing fifteen or more parking spaces shall have a minimum of twenty square feet of landscape area within the parking lot for each off-street parking space in the lot. Internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet. The minimum width and/or length of any parking lot landscaped area shall be eight (8) feet. . 3. Per Section 18.50.100.D.5.c.ii.F.e.i, Bozeman Municipal Code, all street rights-of-way contiguous to the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped as defined in this title and shall include, at a minimum, one large canopy tree for each fifty feet of street frontage. 4. Per Section 18.50.100.D.3.c, the landscape plan included with the final site plan shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years 05-17-99 . -...... --.. .. .--..-----.-- - 7 - of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. 5. Per Section 18.50.1 00.D.5.Li, Bozeman Municipal Code, the final site plan shall include a detail of a permanent irrigation system for the landscaped areas. 6. The final site plan shall be adequately dimensioned and show all existing . easements. 7. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other pollutants must be provided to, and approved by, the City Engineer prior to final site plan approval. The plan must demonstrate adequate site drainage (including sufficient spot elevation), stormwater detention/ retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. 8. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE) and be provided to, and approved by, the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 9. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman . applications for service shall be completed by the applicant. 10. The location of existing water and sewer mains shall be properly depicted on the final site plan, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed ". 11. The drive approaches shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. Per Section 18.50.110.C.2.b.i, Bozeman Municipal Code, the minimum allowable two-way drive access width shall be 24 feet. The access on Hill Street only scales 21 feet. Both drive accesses must meet the minimum standard and be dimensioned on the final site plan. The return radii for both drive accesses need to be labeled. The minimum radius allowed is four feet. 12. Typical curb details (Le, raised and/or drop curbs) and typical asphalt paving section details shall be provided on the final site plan and be approved by the City Engineer. Concrete curbing shall be provided around . the entire new parking lot perimeter and shall be adequately identified on the final site plan. 13. The property owner shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SIDs for the following: A. Street improvements to South Third Avenue including paving curb/gutter, sidewalk, and storm drainage (unless currently filed with the property) 05-17-99 -- - .- -. - -----.- ---.------.-----.-. -.".-. - 8 - 14. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Bozeman Municipal Code unless the governing body grants a deviation or variance. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing. 15. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk . and Recorder's Office). 16. Drive approach and public street intersection sight triangles shall be free of planting which, at mature growth, will obscure vision within the sight triangle. The sight triangle for both accesses needs to be revised to comply with the requirements of Section 18.50.080.B, Bozeman Municipal Code. 17. Any proposed new parking lot lighting shall be reviewed and approved by the Planning Office and shall address the issues raised by the neighbors with regard to the height of lighting standards and luminaries. Pilgrim Congregational shall contact the neighbors and seek their input prior to presenting any plans to the City-County Planning Office. Any lighting shall comply with Section 18.50.034.A, Bozeman Municipal Code, U Any lighting used to illuminate an off-street parking area shall be arranged so as to deflect light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. In addition, all lighting shall be turned off between eleven p.m. and six a.m." And no part of the luminaire or lens can protrude below the shield. 18. Prior to final site plan approval, the applicant shall request from the City . of Bozeman an easement for the single lane drive access on the northeast side of the church off Hill Street that encroaches into North Westridge Park by approximately eleven (11) feet. If the City of Bozeman does not grant the requested easement, the applicant shall relocate the drive access onto their property, if the access is needed. 19. The project shall be constructed as presented by the applicant, and as approved and conditioned through this review. Any modification 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. 20. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 21. That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, shall be agreed to in writing by the applicant and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by . the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. 22. All conditions specifically stated under this approval shall apply and be adhered to by the owner of the land, successors or assigns. 23. Seven copies of the final site plan showing how all conditions of approval will be addressed must be submitted to the Planning Office within six months of final approval of the application. An Improvements Agreement must be signed by the applicant prior to final site plan approval. A building permit must be obtained before the commencement of any work, 05-17-99 _. .....__u _ ._______ ___'.__.__n.'__.' ,.,,,_,,_ ,._,._ - 9 - and must be obtained within one year of final site plan approval. A building permit will not be issued until the final site plan is approved. If occupancy of the addition is to occur prior to completion of all required improvements, the Improvements Agreement shall be financially guaranteed as outlined in the Bozeman Municipal Code to secure the improvements required for the affected phase. 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. 1492 - amendina and renaming ChaDter 5.12 of the Bozeman MuniciDal Code. Droviding for sale of beer and wine within 600 feet of a church or school within city limits under certain circumstances Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1492, as approved by the City Attorney, entitled: ORDINANCE NO. 1492 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 5.12; PROVIDING FOR THE SUPPLANTING OF THE LIMITATIONS CONTAINED IN MCA ~16~3-306(1) AND FOR REVISIONS OFTHIS CHAPTER CONSISTENT WITH STATE LAW. Mr. Tyler Hill, owner of the Bistro, stated he hopes to open his business in his new location at the beginning of June. He noted that, with the substantial investment he has in the . new facility, the sale of beer and wine is important to him. He concluded by stating his appreciation for the Commission taking this step. Mr. Charles Totten, Sweet Pea Cafe, stated his support for this ordinance, noting he is looking forwarding to the sale of beer and wine in his restaurant. Mr. Michael Garrity, attorney representing three applicants for restaurant beer and wine licenses, reiterated his support for this ordinance. He noted that, with seven to nine churches being located in close proximity to Main Street, the State statutes are extremely restrictive. He then noted that this ordinance gives the City additional jurisdiction and authority, which is important in ensuring that locations are appropriate for the sale of beer and wine. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1492, amending Chapter 5.12 of the Bozeman Municipal Code and supplanting of the limitations of Section 16-3-306(1), Montana Code Annotated, be finally adopted. 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. 1493 - amendina Section 8.16.050 of the Bozeman MuniciDal Code to amend the manner in which fees for solid waste collection are assessed . Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1493, as approved by the City Attorney, entitled: ORDINANCE NO. 1493 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 8.16.050 OF SAID CODE, AS AMENDED BY ORDINANCE NO. 1478, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED, 05-17-99 - 10- AMENDING THE MANNER IN WHICH FEES FOR SOLID WASTE COLLECTION ARE ASSESSED. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1493, amending the manner in which fees for solid waste collection are assessed, 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. . Ordinance No. 1494 - amending ChaDter 2.64 of the Bozeman MuniciDal Code to allow for creation of a City Plannina 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 BY REVISING CHAPTER 2.64; PROVIDING FOR THE CREATION OF A CITY PLANNING BOARD, CONSISTENT WITH STATE LAW. Assistant City Manager Ron Brey noted that staff has identified some issues with this ordinance that need to be resolved prior to final adoption. He recommended that the ordinance be provisionally adopted at this time, with the changes being incorporated into the final adoption. Commissioner Rudberg expressed concern that under the ordinance as written, the . Mayor could appoint nearly the entire board with no input from the Commission. City Attorney Luwe stated that the ordinance, as drafted, is in accordance with State law. He then noted that in past practice, even when an appointment is statutorily made by the Mayor, the entire Commission has participated in the decision. He cautioned that this practice is at the discretion of the Mayor. Assistant City Manager noted the other check would be a budgetary one, under which the Commission could determine the staffing level and function of the planning process. Commissioner Rudberg stated she remains concerned about the appointment process, even though she recognizes it is a statutory provision. Commissioner Youngman stated that, as the next Mayor, she concurs with Commissioner Rudberg's comments. She then suggested that the Commission go on record as urging future Mayors to allow the Commissioners to participate in the appointment process. City Attorney Luwe suggested that this issue could be addressed in the Commission's rules of procedure. The Commissioners indicated their interest in doing so. . Commissioner Youngman stated that she received a telephone call raising several questions and concerns about the ordinance as drafting, including the provision for appointments by the Mayor. She noted the caller also suggested that the terms be for three years instead of two years because of the learning curve involved, and expressed concern about having hearings only before the Commission. She proposed that, in light of the public concerns about this ordinance, its final adoption be scheduled for the evening session so the public can be present. Assistant City Manager Brey stated that some of these issues will be addressed in the zone code. He stressed that this ordinance only creates the city planning board. 05-17-99 - 11 - City Attorney Luwe stated that, prior to the final adoption of this ordinance, he will review the State statutes to see if they establish the length of the terms. Some of the Commissioners noted an interest in either a three-year term or an indication that board members may be reappointed to a second term if the statutes limit the length of a term to two years. Responding to Commissioner Smiley, City Attorney Luwe stated he will bring back the . Commission's rules of procedure, in response to the discussion above. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1494, providing for the creation of a city planning board, be provisionally adopted and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Discussion - reauests for relief from order to install sidewalks alona East Lincoln Street. immediatelv east of South Rouse Avenue submitted bv Michael and Nancv Etchinaham. 151 0 South Rouse Avenue, and McRav and Delane Evans. 1524 South Rouse Avenue Included in the Commissioners' packets was a copy of the memo from Engineering Assistant Andy Kerr and City Engineer Craig Brawner, dated March 23, in response to the requests for relief from the ordered installation of sidewalks along a portion of East Lincoln Street, immediately east of South Rouse Avenue. City Manager Johnson stated the Commission is the only body that can grant the requested relief. . Commissioner Rudberg stated her support for granting the requested relief. Commissioner Smiley stated she feels having the sidewalks along South Rouse Avenue is important, but she can see why the sidewalks along East Lincoln Street may not be needed at this time. She then asked what happens if the Commission makes an exception at this time. Commissioner Youngman noted the Commission can order the sidewalk in again at any time in the future, even if it grants this relief. Commissioner Frost stated that if the Commission decides to grant relief for these two properties, it should also give the property owner at the corner of South Rouse Avenue and East Garfield Street an option for the same relief. Responding to Mayor Stiff, Engineering Assistant Andy Kerr stated he feels there are good points to both requiring the installation of the sidewalk and granting relief. He then cautioned that on the Etchingham property, there are some young trees that, in a few years, could create some issues with installing the sidewalk that don't presently exist, although they would not preclude the installation. He then noted there is a proposal to develop the property immediately to the east, but the timing of actual development is not yet known. Commissioner Rudberg asked that in the letter to the Etchinghams regarding the granting . of the relief, the Engineering Assistant advise them that the sidewalk installation may not happen today, but it will happen in the future and, as a result, they may wish to consider relocating some of their trees while they are still small. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission grant the relief requested by Michael and Nancy Etchingham, 1510 South Rouse Avenue, and McRay and Delone Evans, 1524 South Rouse Avenue, from the requirement to install sidewalks along the East Lincoln Street frontages of their property, and authorize staff to give the same option to the property owner at 1204 South Rouse Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, 05-17-99 ----... - - 12 - Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Commission Resolution No. 3280 - intent to imDlement a 7% increase in water rates This was the time and place set for the decision on the water rate increase proposed under Commission Resolution No. 3280, entitled: . COMMISSION RESOLUTION NO. 3280 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Included in the Commissioners' packets were copies of letters received prior to the May 12 deadline set by the Commission for receiving written comment on the proposed water and sewer rate increases following the close of the public hearing on April 19. Responding to Mayor Stiff, City Attorney Luwe stated that, since this is a legislative action, the Commission could reopen the public hearing and accept additional public testimony if it so chooses, or it can proceed with a decision at this time. Mayor Stiff asked that the Commissioners forward any comments they wish regarding the public testimony that has been received to date. He began by noting that he is never happy with large increases, but he recognizes the necessity of proceeding with them. Commissioner Rudberg questioned why the garden spaces are rented for only $25 for . the summer, with unlimited watering privileges. She then recognized that many of the existing water and sewer mains and lines were installed through special improvement districts, and some of them are now very old and in need of replacement. She stressed the importance of realizing that any improvements are beneficial to the entire community. She stated that she, too, is on Social Security and retirement and, while she does not like large increases, she recognizes the need of implementing these proposed increases and proceeding with the improvements to the infrastructure as quickly as possible. Commissioner Frost stated it is important to recognize that the water and sewer systems are two completely separate systems and that the revenues for each must also be separated. He noted that one of the letters indicated the water and sewer bill for one month was $369.67, which is "about my annual rate". He then stated he is torn in making this decision, particularly since the City is not maintaining the system as well as it should. He feels the City has been diverting monies that could have been used for maintaining the system in the core of the community into supporting growth. He concluded by indicating that he could possibly support the increases with assurances that they are one-time increases and that the monies will be used in the core area. Commissioner Smiley stated the infrastructure needs are the result of deferred maintenance over an extended period of years. She noted that residents have successfully lobbied to keep rates low, and those rates have not generated the monies to meet maintenance needs. She stressed that the deferred maintenance is not limited only to water and sewer, . noting that there are many streets where the curbs and gutters need improving. She concluded by noting that the Commission would not consider raising the rates so significantly if it were not absolutely necessary. Commissioner Youngman stated she has seen the videos of the lines and realizes the need for maintenance. She stated, however, she would prefer to spread the increase in the wastewater rates out a little bit, suggesting that the Commission consider, instead, a 14- percent to 21-percent increase at this time. She stated that people understand being asked to "bite the bullet", but suggested that with the proposed 28-percent increase, they are being asked to "bite a cannon ball". 05-17-99 . -- .-------- - 13 - Commissioner Frost asked if there is some way to assure the monies from this increase are used for the existing decaying infrastructure rather than for the construction of new infrastructure. He expressed concern that the increase, particularly in wastewater, is big, and there are those in the community who cannot afford it. City Manager Johnson noted the Commission has the ability to control where the monies are spent. He then indicated that the monies from the proposed increases are to be used for the top priority items in the capital improvement budget. Under the Wastewater Fund, he . noted, the top priority item is repair of the sewer system in New Hyalite View Subdivision, to ensure accessibility to the manholes; and the remainder of the projects are in the downtown area. He then indicated that, if the Commission wishes, the proposed wastewater increase could be phased in; the result would be slowing down the pace at which the maintenance projects are completed. Commissioner Rudberg expressed concern that decreasing the percentage of the increases could hurt the City on its match for federal monies. Mayor Stiff noted the City has reached its current position by being too tight, and it is now paying the price. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve a 7-percent increase in water rates, and authorize and direct staff to bring back a resolution implementing the new rates. 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. 3281 - intent to imDlement a 28% increase in sewer rates . This was the time and place set for the decision on the sewer rate increase proposed under Commission Resolution No. 3281, entitled: COMMISSION RESOLUTION NO. 3281 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED TWENTY-EIGHT PERCENT (28.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Included in the Commissioners' packets were copies of letters received prior to the May 12 deadline set by the Commission for written comment on the proposed water and sewer rate increases following the close of the public hearing on April 19. The discussion in the above agenda item also applies to this agenda item. Commissioner Frost stated he has no problem with the top priority sewer project. He stated, however, he supports phasing of this increase rather than implementing it all at once. Commissioner Rudberg noted that the Bozeman Solvent Site has taken away all the monies that could have been used for maintaining the system. She then noted that the . surcharge for the solvent site is to sunset in a couple of years, at which time customers will see a 37-percent decrease in their sewer bills. Mayor Stiff stated he feels it is important to continue with the maintenance program, rather than deferring it to a later date. Commissioner Smiley stated she has seen private companies taking care of sewer problems on almost a daily basis in her neighborhood. She noted that, as long as the City does not undertake a more aggressive maintenance program, residents are incurring hidden costs. 05-17-99 - 14 - City Manager Johnson noted that many of the current problems are in the service lines and stated that, hopefully, they will reconstruct those lines in conjunction with the main reconstruction. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve a 28-percent increase in wastewater rates, and authorize and direct staff to bring back a resolution implementing the new rates. 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. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Michael Garrity, forwarding additional signatures on a petition encouraging adoption of the ordinance supplanting Section 16-3-306 of the State law. (2) Notice of the Brown Bag Lunch seminar scheduled for noon on May 24 at the Courthouse. (3) Copy of a tabulation of water, sewer and solid waste fees charged by various communities throughout the state. . (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 18, at the Courthouse. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 18, in the Commission Room. (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 18, in the Commission Room. (7) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, May 20, in the Commission Room. (8) Mayor Stiff stated that, for the third year in a row, he participated in the opening ceremonies for the Special Olympics. He expressed his delight in seeing the cross-section of the community that has stepped forward each year to make this a success. (9) City Manager Johnson submitted the following. (1) Spent a majority of his time last week ironing out the details on big projects, like city planning. (2) Stated he will be gone the last few days of this week. (10) The City Manager noted that the Commission will be acknowledging receipt of . his recommendations for next fiscal year under the consent items. He then reviewed the tentative schedule for the remainder of the process, which includes a review of the document on June 1, with the public hearing on June 7, and adoption of the resolution setting the budget on June 21. Commissioner Rudberg suggested that the Commission cancel its meeting on June 1, noting that it follows a holiday weekend and is essentially the fifth meeting of the month. Commissioner Frost announced that he will be out of town on June 1; and a majority of the Commissioners concurred with Commissioner Rudberg's suggestion. 05-17-99 ...... _un ._.__._.__ - 15 - As a result of that meeting cancellation, the budget calendar was revised to include review of the document on June 7, the public hearing on June 21 and adoption of the budget resolution on July 6. (11 ) Assistant City Manger Brey stated he has been working on revisions to the zone code. As a result of that work, he noted some questions have arisen, and asked if the Commissioners want major site plans to come to them or if they want staff to act on those applications. . Commissioner Frost stated he feels major site plans should be subjected to a public hearing and, therefore, should be brought to the Commission. The Assistant City Manager suggested an alternative would be to submit that type of applications to the City Planning Board. City Attorney Luwe suggested another alternative would be to place this type of application on the consent agenda, noting that anyone can pull the item if they are not comfortable with approving it as recommended by staff. Commissioner Youngman expressed her interest in receiving Planning staff input on this issue. She then recognized the logic of establishing consistent processes for all applications, but suggested that the result might be to overburden the Commission. She noted the alternative might be to identify a logical split, with some of the items going to the Planning Board. The Assistant City Manager stated he recalls similar discussions from the early 1990s, which the current zone code was being drafted. ( 12) City Attorney Luwe announced that he will be attending a settlement conference for the Montana Municipal Insurance Authority on May 24. . (13) Commissioner Frost stated that, for the third year in a row, he has participated in serving breakfast for the Special Olympics. (14) Commissioner Smiley submitted the following. (1) Attended the Parking Commission meeting on Thursday morning and the Downtown Improvement District Board meeting on Thursday night. (2) Thanked the staff for issuing the cease and desist order to the Salvation Army for the sidewalk encroachment. (15) Commissioner Rudberg asked the City Attorney about the confidentiality law for seeing the library records of children over 12, questioning whether the parents shouldn't retain rights to review that information. City Attorney Luwe responded he is not certain whether the law extends to children between 12 and 18 years old, but can review the State law and the administrative regulations. (16) Commissioner Smiley asked if the City is paying for the advertisements to encourage teenagers to use the Library; staff indicated with will find the answer. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Trails Day" - Saturday. June 5. 1999 Ratify City Manager's signature on Remediation Agreement for Asbestos Removal - between City and Brickley Environmental. Inc.. Butte. Montana (for removal of asbestos-containing materials around DiDes in mechanical room at City Hall) 05-17-99 - 16 - Acknowledae receiot of City Manager's budaet recommendations for Fiscal Year 1999-2000 Aooointment of Commissioner Younaman and Commissioner Smilev to sub- committee to review Pledged Securities as of March 31. 1999 Authorize Mavor to sian - Findings of Fact and Order for oreliminarv olat for Harvest Creek Subdivision. Phases I-IV (subdivide 84.67 acres along north . side of Durston Road at North 27th Avenue into 230 single-familv residential lots) Authorize Mayor to sign - Findings of Fact and Order for oreliminary plat for Valley West Subdivision (subdivide 241.7 acres south of Durston Road. west of Ferguson Avenue. into ten tracts for further develooment and dedicate Bronken Park) Exemption from subdivision review - subdivide Minor Subdivision No. 109 to create tracts to be dedicated to City for additional riaht-of-way for Oak Street between North 7th Avenue and North Rouse Avenue (Westlake orooertv) Exemotion from subdivision review - subdivide Blocks 3 and 4.lmes Addition. to create tracts to be dedicated to City for additional riaht-of-wav for Oak Street between North 7th Avenue and North Rouse Avenue (Pea Cannery orooerty) Authorize City Manager to sign - Oak Street Agreement between the City and the County - to dedicate to Citv for riqht-of-way for Oak Street between North 7th Avenue and North Rouse Avenue (Fairgrounds) . Aooroval of final plat for Harrinaton Minor Subdivision (subdivide 12. 249-acre lot described as Lot 2. Minor Subdivision No. 71. located in the SE%. Section 9. and the NE%. Section 16, T2S. R6E. MPM. into two lots) (P-9857) Authorize City Manaaer to sian - Amendment No.1 to Professional Services Agreement for engineerina services for construction of West Beall Street between North 23rd and North 25th Avenues - Thomas. Dean and Hoskins. Inc. Authorize City Manaaer to sign - CDBG Administrative Grant Administrative Se rvices/Su b-Recioient Agreement - between City and Gallatin Develooment Corooration - grant for technical assistance Authorize City Manaaer to siqn - Acceotance of Pedestrian Access Easement - from George E. Westlake and Kay H. Martinen - across Lot 2. Minor Subdivision No. 97 (for sidewalk across lot at the northeast corner of West Oak Street and North 7th Avenue) 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. Recess - 4:32 o.m. Mayor Stiff declared a recess at 4:32 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and public interest items. 05-17-99 - 17 - Reconvene - 7:00 c.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and public interest items. Public hearina - COA with deviation from Sections 18.50.160 and 18.24.050. Bozeman Municical Code. to allow 1.200-sQuare-foot addition to non-conformina structure. includina . 624-sauare-foot aaraae. which encroaches 15 feet into 25-foot front yard setback and 1 0 feet into 20-foot rear yard setback on Lots 25 and 26. Block 49. Imes Addition - Donald O. and Kathryn A. Noyes for 623 North Grand Ave (Z-9950> This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Donald O. and Kathryn A. Noyes, under Application No. Z-9950, with deviations from Sections 18.50.160 and 18.24.050 of the Bozeman Municipal Code, to allow a 1 ,200~square-foot addition to a non~conforming structure, including a 624~square-foot garage, which encroaches 15 feet into the 25-foot front yard setback and 10 feet into the 20- foot rear yard setback on Lots 25 and 26, Block 49, Imes Addition. The subject property is more commonly located at 623 North Grand Avenue. Mayor Stiff opened the public hearing. Associate Planner/Urban Designer John Sherman presented the staff report. He stated that under this application, a 1 ,200~square-foot two-story addition and two-car garage are to be constructed on the existing house at 623 North Grand Avenue, and its orientation is to be changed from North Grand Avenue to West Cottonwood Street. He stated that the house currently encroaches 5 feet into the 15-foot corner side yard, which is common for homes in the older neighborhoods. He indicated that two deviations are needed to build this addition, since it will follow the lines of the existing house and garage and will result in expansion of an existing non-conforming structure. . Associate Planner Sherman stated that the applicant has worked with staff to develop a project that incorporates the existing windows and design features into the North Grand Avenue elevation and incorporates elements to make the West Cottonwood Street elevation more appealing. He characterized this as eclectic neighborhood, with many encroachments into the setbacks. He concluded by forwarding staff's support for the project, subject to four conditions. Mrs. Kate Noyes, applicant, noting they have been planning this project for thirty years. No one was present to speak in opposition to the requested deviations. 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 requested by Donald O. and Kathryn A. Noyes, under Application No. Z-9950, with deviations from Sections 18.50.160 and 18.24.050 of the Bozeman Municipal Code, to allow a 1 ,200-square-foot addition to a non- conforming structure, including a 624-square-foot garage, which encroaches 15 feet into the 25-foot front yard setback and 10 feet into the 20-foot rear yard setback on Lots 25 and 26, Block 49, Imes Addition, subject to the following conditions: . 1 . The proposed windows, shutters and trim shall match the existing divided windows, shutters and trim. 2. The applicant shall obtain a demolition permit for the demolition of the existing garage prior to construction. 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 05-17-99 ---------- -----..------- ---..----...-. -- - 18 - 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Public hearina - Commission Resolution No. 3288 - intent to vacate street and utilitv easements across Tracts 4A and 4B. COS No. 1215A. and Tract 1 B. COS No. 1215B (extendina east from North 19th Avenue at aDcroximatelv the mid-coint between West Oak Street and Baxter Lane) This was the time and place set for the public hearing on Commission Resolution No. 3288, entitled: COMMISSION RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON 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. . Mayor Stiff opened the public hearing. City Manager Johnson noted the applicant is requesting that street and utility easements extending east from North 19th Avenue, at approximately the mid-point between West Oak Street and Baxter Lane, be vacated. He stressed that the easements currently run through the middle of a field, so vacation of these easements will not be detrimental to the City. Mr. Keith Belden, Morrison-Maierle, indicated a willingness to answer questions on behalf of Mr. Saccoccia, the applicant. No one was present to speak in opposition to the requested vacation of street and utility easements. 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 approve the request to vacate street and utility easements across Tracts 4A and 4B, cas No. 1215A, and Tract 1 B, cas No. 1215B, and authorize and direct staff to bring back an ordinance enacting vacation of those easements. 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 - acclication for CDBG monies on behalf of the Human Resource Develocment Council (HRDCL for the Durcose of renovating and converting the old cost office building into office scace and constructing a duclex for families in transition This was the time and place set for the public hearing on an application for Community Development Block Grant (CDBG) monies on behalf of the Human Resource Development Council (HRDC), for the purpose of renovating and converting the old post office building into office space and constructing a duplex for families in transition. 05-17-99 - 19 - Mayor Stiff opened the public hearing. Ms. Caren Roberty, Community Development Director for Human Resource Development Council (HRDC), stated that others in attendance at this meeting include Ellin Nessit, Barbara Richards and Robin Welch. She noted that, included in the Commissioners' packets, was an excerpt from the information to be included in the application, noting that HRDC is seeking City sponsorship of an application for Community Development Block Grant (CDBG) monies for public facilities. . Ms. Roberty stated that the application is for the restoration of the old post office/ armory building, and that restoration will accomplish several goals for both HRDC and the City. She noted that it will result in restoration of the community's first official post office to its former grandeur. It will also allow for the expansion of homeless services in the community. She noted that the overall project includes the construction of a duplex on the back of the subject property, but these monies will not be used for that portion of the project. Ms. Roberty stated that the acquisition and restoration of the old post office site will help HRDC control its own destiny. She noted that the rent on their existing offices has doubled over the past ten years, and having their own facility will help to stabilize space costs. She stated the new site will also allow them to expand employment and training opportunities as well as some of their existing programs. Responding to Commissioner Rudberg, Ms. Roberty stated that the HRDC began pursuing acquisition of the old post office in December 1994. Responding to Mayor Stiff, Ms. Roberty stressed that maintaining the existing low- income housing in the community is one important component of their program. She noted that HRDC has undertaken a 22-lot development and has recently purchased a 40-unit project in livingston, but the initial demands of those projects are nearing an end. She then noted that . the HRDC is committed to retaining and expanding the number of affordable units available. Mayor Stiff encouraged HRDC to continue their commitment to affordable housing in Bozeman in perpetuity. No one was present to speak in opposition to the proposed application. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. City Manager Johnson submitted Commission Resolution No. 3290, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3290 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MONIES. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3290, authorizing submittal of the application for CDSG monies on behalf of the Human Resource Development Council, be adopted. The motion carried by the . following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. Commissioner Frost abstained. Review of the draft Memorandum of Agreement between the City and the County for a Davilion at the Fairarounds Included in the Commissioners' packets was a copy of the draft Memorandum of 05-17-99 . - -. .--......,...--.,. . - 20 - Agreement between the City and the County for a pavilion at the Fairgrounds, as prepared by Deputy County Attorney Chris Gray. City Manager Clark Johnson stated that there are several items in the draft agreement with which he does not agree, and the Deputy County Attorney is working on revisions to make the document more acceptable. He then asked the Commissioners to identify any deal breakers, stressing the importance of providing direction to staff on whether to actively pursue this option, consider another location or mitigate the issues identified with the Bogert Park . location. He noted that a decision must be made in the near future if ice is to be available for the upcoming hockey season. The City Manager reviewed the concerns he has identified with the draft document to date. He noted that Page 1 sets the term of the agreement at ten years, stating that short timeline is unacceptable in light of the significant financial contribution involved. He recognized that State statutes may preclude a longer period of time; however, he suggested that renewals to extend the overall length of the agreement to fifty years be included. The City Manager noted that on Page 2, under Item No. 4.A., the words "operation and maintenance" need to be stricken since it is important for the Fair Board to maintain control of the facilities on its site. Under that same section, City Manager Johnson stated the agreement indicates the pavilion will be open for general public access for "reasonable amounts of time", and noted that the term "reasonable" needs to be defined. City Manager Johnson stated that the proposed pavilion is truly a cooperative effort, with the City building the roofed facility, the Bozeman Amateur Hockey Association building the bottom of the facility, and Gallatin County providing the landscaping. He then indicated that one concern which he shares with the Commissioners is access to the pavilion, particularly when the gate is locked, precluding access from North Black Avenue. He recognized that with the construction of Oak Street, access may be easier; and a walk-in gate from North Tracy Avenue would further enhance access. He also asked that the entrances be attractive and . inviting and well landscaped. Responding to Commissioner Smiley, Fairgrounds Manager Sue Shockley stated the normal operating hours of the Fairgrounds are 8:00 a.m. to 10:00 or 10:30 p.m. daily, although some activities run as late as 1 :00 a.m. She then indicated that the Fair Board anticipates starting on the landscaping in the spring, noting that the park area is one of the first areas to be completed, and they have set aside monies for the project. She indicated that the midway area, where carnivals and exhibitors currently set up, is to be grassed with the type of grass that can be driven on and parked on. She then recognized that the existing chain link fence makes the site look very, very unfriendly, and she hopes to address that in the upgrading of the site. She noted, however, that the fence was installed for security reasons and to limit the amount of vandalism that was occurring, and that has generally been successful. Further responding to Commissioner Smiley, Fairgrounds Manager Shockley stated that if the existing restroom building is removed, they propose to either put new restrooms in each building or locate them closer to the pavilion. The Fairgrounds Manager responded to some of the issues raised by the City Manager. She stated that she has no problem with writing in a provision for renewal of the agreement. She also indicated that she has no problem with revising No.4 as requested by the City Manager. . Responding to Mayor Stiff, the Fairgrounds Manager stated that landscaping along the north side of the Fairgrounds is scheduled in Phase II. She then stressed that they want the Fairgrounds to look like a park, with nice landscaping. She recognized that access from Oak Street will change traffic patterns, and she feels that better entrances will result. She then indicated her major concern at this time is that a decision be made on whether the pavilion is to be constructed. She noted that they are approaching the busy season and, if construction is to take place, they will need to relocate some items. 05-17-99 .-. - -..--- ~., ~ .' ----.-- .-.- -. -..--- -.--.---- .-. - 21 - Further responding to the Mayor, Fairgrounds Manager Shockley stated the cost of maintaining the facility will be the County's responsibility. She noted, however, they will not have money to make ice in the foreseeable future. Responding to Commissioner Frost, the Fairgrounds Manager stated that they have set aside $10,000 each year for the last three years to begin landscaping of the Fairgrounds, so they now have $30,000 with which to complete initial landscaping. She cautioned that it will take several years to complete the project, particularly since there are 58 acres at this location. . She then indicated that they do not have the monies set aside for a sidewalk along their street frontage, but they will budget for it. Responding to Mayor Stiff, the Fairgrounds Manager assured the Commission that none of the improvements and changes being considered will negatively impact the overflow parking for the Senior Center. Mr. Rob Pertzborn, "hockey playing architect", posted a new conceptual drawing of the portion of the Fairgrounds where the pavilion is to be located. He asked the Commissioners to take a careful look at the second page of the information, which shows a picture of the view from North Tracy Avenue and how the proposed pavilion might impact that view. Mr. Gary Kline, President of the Bozeman Amateur Hockey Association (BAHA), stated the estimated cost of the floor, pipes and refrigeration is $150,000, and they have pledges and cash for approximately one-third of that. He noted that they have received a 501 C3 status, which makes fundraising easier, and approval for a specific site should make it even easier. He then indicated that they had previously obtained commitments of labor and donations of materials; however, the longer this process drags out, the less the likelihood that those commitments will still stand. Mayor Stiff stated that if the Haynes monies are to be used in this project, all of the details must be worked out quickly. He forwarded his understanding that the Haynes monies . would be used in a match situation. He then noted that the word is now trickling back to the Commissioners that, with buffering and some other mitigation, it may be possible to continue using the Bogert pavilion. Mr. Kline stated that BAHA has never been unhappy with the Bogert pavilion, but the residents have been. He noted that the sentiment against the refrigerated ice at Bogert was quite strong, and it appears the Fairgrounds provides an alternative that does not alienate a street. Mr. Bill Clinton, 216 Lindley Place, stated the neighbors have definitely not changed their minds. Mr. Gary Gullickson, 404 South Church Avenue, stated that most of the residents along South Church Avenue are not opposed to the hockey, but they are concerned about Farmers' Market and he, personally, would like to get rid of the swimming pool. He then stated many of the residents around the park have not yet spoken, and he intends to address that situation through a survey that provides for input in each of three levels, depending on the distance from the park. He characterized Bogert Park as the most silent crown jewel in Bozeman with more user days than any other park. Responding to Commissioner Rudberg, Mr. Gullickson stated he feels everyone should have an opportunity to provide input, not matter at what stage the deliberations are. He then . suggested that the Commission's expectations, for the amount of money they have earmarked, are high. Break - 8:05 to 8:27 D.m. Mayor Stiff declared a break from 8:05 p.m. to 8:27 p.m., in accordance with Commission policy. . 05-17-99 ----.-. -. -... .--- -.. --- - 22 - Review of the draft Memorandum of Agreement between the City and the County for a cavilian at the Fairgrounds (continued) Mayor Stiff stated that during the break, he, Commissioner Youngman, City Manager Johnson and City Attorney Luwe identified the parameters of what needs to be done. At the Mayor's request, Commissioner Youngman reviewed the major points of their discussion. She asked representatives from BAHA to identify how delaying a decision to June 7 might affect construction. . Mr. Joe Nelson responded that, jf the decision is made on June 7, it will be pushing the project out about as far as it can go. He noted that the contractor will need approximately 90 days to complete the construction and, prior to that process beginning, the specifications must be written and the bidding process completed. Responding to City Manager Johnson, Mr. Nelson stated it would be better to build the pavilion before the floor, so that the equipment can have better access to the site when erecting it. He noted that the floor is a very large slab that must be done in one pour. Commissioner Youngman stated that all questions involving the County must also be resolved by June 7, and the interlocal agreement revised so it is acceptable to both entities. She asked that Mr. Gullickson work with Assistant City Manager Brey regarding the questions and wording in the survey, to ensure that the information generated is useful. She then noted that, hopefully, as a result of the survey, the immediate and long-term needs of both the neighborhood and the community can be identified and harmonized. Mayor Stiff stressed that, under this proposal, no final decision is to be made tonight; rather, the decision will be delayed to June 7. He then stated the Commission is very serious about having excellent hockey in Bozeman. . Commissioner Frost asked that the County identify the monies they intend to spend on this project. He indicated that $30,000 will provide landscaping for only a small portion of the site, and both of the other entities involved are making commitments of closer to $170,000. Commissioner Rudberg noted that, last August, the Commission directed staff to find an alternate site for hockey. She then noted that the engineering study recently completed by University students provides good information. Mr. Bill Clinton expressed his frustration that the Commission is including Bogert Park in its discussions, stating it was his impression that they had made the decision not to consider it any further. Mayor Stiff requested that this item be placed on the June 7 agenda for a decision. Adjournment - 8:43 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. 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. ATTEST: ~~ ~/7, 4/1 AL6 D M. STIFF, Mayor ~ ~.~ ROBIN L. SULLIVAN Clerk of the Commissiol) 05-17-99