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HomeMy WebLinkAbout1998-01-05 Minutes, City Commission ---------.---- -- . --.--- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 5, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 5, 1998, at 3:00 p.m. Pre sent were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if anyone wished to remove any of the Consent Items for discussion. The City Manager requested that the trail corridor easement for the Sourdough Trail be removed from this agenda and scheduled at a later date. Presentation bv 9-1-1 Board re endorsement of concept for fundina of 9-1-1 center in the future . City Manager Johnson stated that, included in the Commissioners' packets, was a proposed letter of support for the concept of funding for the 9-1-1 center. He noted that members of the 9-1-1 Administrative Board are present to submit the proposal to the Commission for consideration. He then distributed a copy of the resolution which the Board is recommending that the County Commission adopt. Fire Chief Aaron Holst, Chair of the 9-1-1 Administrative Board, introduced members of the Board, including City Manager Clark Johnson, City Attorney Paul Luwe, Chief of Police Mark Tymrak, County Commissioner Jane Jelinski, and Sheriff Bill Slaughter. He noted that Director Mike Brown is also present; and County Attorney Marty Lambert was unable to attend the meeting. The Fire Chief stated that the Board is requesting endorsement of the concept for long- . term funding of the 9-1-1 Communications Division. He stated that this concept includes placing a county-wide six-mill levy before the voters in June 1998. He noted that approval of the mill levy would provide for stability in revenues as well as equity in funding of the 9-1-1 Communications Division. 01-05-98 - 2 - City Attorney Luwe stated that when the County and City entered into the interlocal agreement to combine the dispatch centers and records, an Administrative Board was created. One of the provisions contained in the agreement is that the Board would explore funding sources and come back to the Commissions with a recommended long~term funding source. . He stated that, after considering several different options, the Board felt that the proposed six- mill levy was the best option. He cautioned that it requires an affirmative vote of the people to enact. County Commissioner Jane Jelinski distributed copies of a table showing the levels of City and County funding for the dispatch center for Fiscal Years 1997 and 1998 and the level of funding for Fiscal Year 1999 under both the current agreement and the proposed mill levy. She noted that, with the combining of the City and County dispatch centers, it became quickly evident that neither the County system nor the City system was adequate to meet the needs of the new center. She noted, in fact, that both systems had been "held together with bubblegum and rubber bands", and needed to be upgraded to a high tech computerized system to allow for timely response to a rapidly growing population, in an area where subdivisions are . being approved and developed on a constant basis. County Commissioner Jelinski noted that at the present time, the City contributes 45 percent and the County contributes 55 percent to the operation of the 9-1-1 communications Division, with some supplemental funding from other sources, such as fire districts and other municipalities in the county. She further noted that the restrictions of 1-105 are impacting all local governments, which makes it difficult to fund this operation. She stressed that the Board has attempted to identify a funding source that is equitable and stable, particularly since they recognize that the City is currently paying a disproportionate share. City Manager Johnson stated that staff is supportive of this proposal. He then indicated that an amendment to the interlocal agreement is needed in conjunction with the new . funding. Fire Chief Holst stated that this issue will be presented to the County Commission at their January 20 meeting. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize the Mayor to sign the letter of support for the concept of placing a six- mill levy on the ballot for funding of the 9-1-1 center. The motion carried by the following Aye 01-05~98 - 3 - and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Continued Dublic hearina - Zone Code Amendment - amend Sections 18.04.510 and 18.54.100.E.2.. Bozeman Municical Code. to modify the definition of net residential density . and the calculation of residential density for PUDs - Grea Gianforte (Z-97156) This was the time and place set for the continued public hearing on the Zone Code Amendment, as requested by Greg Gianforte under Application No. Z-97156, to amend Sections 18.04.510 and 18.54.100.E.2. of the Bozeman Municipal Code, to modify the definition of net residential density and the calculation of residential density for planned unit developments. Mayor Stiff reopened the continued public hearing. City Manager Johnson noted that, included in the Commissioners' packets, was a letter from Mr. Greg Gianforte, dated December 16. Associate Planner Chris Saunders reviewed the staff report. He stated that under this proposed amendment, two sections of the zone code are to be revised. The first is to modify . the definition of "net residential density" as found in Section 18.04.510 in two ways: modifying the value of "a" in the equation and adding a "w". He stated that under the revised equation, jurisdictional wetlands, as identified by the Army Corps of Engineers, and a 35-foot buffer area would be removed from the gross area as well as all land in the most recent Federal Emergency Management Agency's defined 1 OO-year floodplains when calculating the area upon which the residential density is based. The second component of the amendment is to change the manner in which residential densities are calculated in a planned unit development. Under the existing code, the number of units allowed in the residential portion of a planned unit development is based on the gross acreage for residential development, including the land under streets, and in open space and parks and wetlands. Under this proposed revision, the density calculated in Section 18.54.1 00.E.2 would be based on the revised definition, which . is a net acreage. The Associate Planner stated that this proposed amendment has been reviewed in light of the twelve review criteria established in State statutes and contained in the zone code, and the staff's comprehensive findings are contained in the written staff report which was previously distributed to the Commission. He briefly summarized those findings, noting that 01-05-98 ._..__n__ ------..-- ---- -. .- - 4 - staff found the application was in compliance with six of the criteria. On the other six criteria, the application was either neutral or the criteria were not applicable. The Associate Planner stated that the City-County Planning Board conducted its public hearing on this application at its December 2 meeting. Following the public hearing and a . substantial amount of discussion, the Planning Board voted unanimously to recommend denial of the application and to direct staff to include the issues in the comprehensive amendments to the planned unit development section of the code. He noted that the rewrite of that section of the code is currently underway, and should be back before the Planning Board and City Commission for public hearings in the next few months. Mr. Greg Gianforte, applicant, stated that he submitted this application largely because of the surprise registered by the former Mayor when he learned of the loophole in calculating residential densities in a planned unit development. He noted that in that particular instance, the developer was able to realize a density ten times greater than the master plan calls for. Mr. Gianforte stated he feels the Planning Board decision was based on wrong information, and his letter of December 16 was designed to correct that misinformation. He . stressed that the statistical information in his letter is based on a strictly theoretical example, and not on any proposal that has been submitted. He noted that for a 25-acre development which includes 6 acres of wetlands, under the subdivision regulations, 110 dwelling units could be constructed; under the existing planned unit development regulations, 325 dwelling units could be constructed; and under the proposed amendment, 143 dwelling units could be constructed. He stressed the importance of recognizing that the proposed amendment would make the planned unit development regulations consistent with the subdivision regulations and the master plan. Mr. Dale Gillespie stated he is representing himself at this hearing, although he has represented Larry Vosti and Tablerock Ventures at previous meetings, since he has been . assured by the Planning Department that this proposed amendment will not affect that project. He encouraged the Commissioners to carefully read his comments in the Planning Board minutes, and drew their attention to some of those comments. He questioned the timing and intent of the application, particularly since it could have had an immediate impact on Mr. Vosti's development, which is adjacent to Mr. Gianforte's property. 01-05-98 -..--- - 5 - Mr. Gillespie then expressed concern that the same staff member who was assigned to review Mr. Vosti's requested annexation and proposed zone map amendment has also been assigned to review this zone code amendment, for an applicant who was adamantly opposed to the annexation and zone map amendment. He suggested that this could be construed as . a conflict of interest. Mr. Gillespie concluded by stating he feels these proposed amendments would be much more appropriately reviewed and considered as a part of the major rewrite of the planned unit development section of the code rather than as a separate issue at this time. Mr. John Rogers, 1323 Manley Road, characterized this zone code amendment as a good faith effort to work with the wetlands in and around the community. He stressed the importance of ensuring that wetlands are protected, particularly in an area where there are significant wetlands and a potential for high-density development. He concluded by encouraging the Commission to approve the proposed amendment and eliminate an existing loophole in the City's zone code. Ms. Donna Lovell, Wetlands West, stated that, while she represented Mr. Vosti in his . application, she is speaking as an individual at this meeting. She noted that, following its public hearing, the City-County Planning Board had a much better understanding of how complex wetlands issues can be. She noted that the Army Corps of Engineers makes the determination on whether a wetland is jurisdictional and makes the decisions on applications submitted for permitting within those areas. She stated that the Army Corps of Engineers also works with the Environmental Protection Agency in the decision-making processes concerning wetlands, whether they are artificial or natural. She noted that they also look at whether the wetlands provide critical functions and consider sensitive areas that might also provide those critical functions. She stressed that a wetland area may provide no ecological benefits, or it may range from marginal to full functional value. She encouraged the Commission, in light of . the complexity of the wetlands issues, to allow the federal agencies to continue regulating and controlling them rather than becoming involved. Ms. Lovell stated that the proposed 35-foot buffer around the wetlands does not seem practical, particularly when one is trying to develop a tract of land. She also expressed concern that the proposed amendment could limit some of the flexibility allowed by the Environmental Protection Agency, which she feels would be inappropriate. She noted that if the 01-05-98 -....-.-...----.. . --.-...-.- - 6 - Environmental Protection Agency and Army Corps of Engineers determine that a wetland area is not of great value and can be mitigated by increasing the functional value of another wetland, she feels the property owner should be allowed to do so. She stressed that, while some wetlands contribute to flood control, not all of them do. . Ms. Lovell stated that, after the Planning Board meeting, she approached representatives from some of the other agencies involved with wetlands to participate in an educational seminar for local government officials, and that seminar is currently being scheduled for January 28. Responding to Commissioner Rudberg, Associate Planner Chris Saunders stated that Tablerock Ventures has submitted a complete preapplication for subdivision and a concept plan for a planned unit development, and staff will begin review of those applications tomorrow. He stated that if the applicant continues with those processes in a timely manner and meets all of the deadlines, this amendment will not apply. He stated, however, that if processing of the applications stops for any reason and the amendment has taken effect, then it would apply to the new development proposal. He stated that the timeline for the planned unit development . is six to eight months, with the possibility of extensions and, under State law, the preliminary plat approval is for three years with a possibility of extension to five years maximum. Responding to Commissioner Youngman, Associate Planner Saunders stated that the table attached to his November 4 memo reflects the maximum densities of development on a parcel zoned "R-3A" with wetlands and dedicated parkland under the standard subdivision regulations, the existing zone code provisions for planned unit developments, and the proposed zone code amendment. He said that the maximum densities are reflected in that table, noting that the densities range from 1 0 units per acre under the standard subdivision regulations and the proposed zone code amendment to 19.2 units per acre under the existing planned unit development regulations. Commissioner Youngman expressed concern that under this proposed zone code . amendment, the dedicated parkland would be subtracted from the gross acres to determine the net acres upon which the total number of dwelling units would be calculated. She noted that under the planned unit development process, more parkland than is required under the subdivision regulations is often dedicated to create a more appealing project. She stated that 01-05-98 --- -.-.-.----..- .. __..____._.____.u.. -.---.-... -----..--- - 7 - this proposed amendment would serve as a disincentive to those who would consider the additional parkland dedication. Associate Planner Saunders responded that the Commission could modify this proposed amendment to subtract only the required parkland dedication for determining the net acreage . upon which the number of dwelling units is calculated. He stated that this would still allow developers to dedicate the additional parkland to create a more attractive development without losing the attendant units. He then noted that under the new subdivision regulations, the parkland dedication will be calculated differently from the way it is currently calculated; however, the result will be essentially the same. Commissioner Frost noted that if the Commission approved the proposed zone code amendment except for adding the "w", it would bring the zone code provisions more into compliance with the subdivision regulations. At Mayor Stiff's request, City Attorney Luwe addressed the conflict of interest issue raised by Mr. Gillespie. He stated that assigning both this zone map amendment and annexation of, and zone map amendment for, the Manley property to the same planner does . not create a conflict of interest. Mr. Greg Gianforte stated he feels the proposed amendment is appropriate for the citizens of the community and would protect the remaining wetlands in and around the community. He stressed that his intent was to make the planned unit development regulations more consistent with the standard subdivision regulations. Ms. Lovell showed the Commission a map of the Vosti property and the areas which have been identified as wetlands. She noted that one of those areas has been identified as a minimal wetland and, through enhancement of one of the other wetlands, that wetland could probably be eliminated, with approval from the Army Corps of Engineers. Ms. Lovell stated that recent statistics show that Montana has lost 27 percent of its wetlands, most of those being in the prairie pothole area under a federal program to convert . wetlands into agricultural lands. She noted that the federal program has now changed to allow for mitigation of a wetland area; however, if a wetland area is eliminated, enhancement of another wetland area must be provided. She further stressed that any change in a wetland area or its status must be approved by the Army Corps of Engineers. She also noted that, if a private wetland bank has been created, an individual may choose to pay for credits in that bank 01-05-98 ----.-.--. - 8 - as mitigation for a wetland area. She then encouraged the Commissioners to not enact any zone code amendment which might limit the flexibility allowed by the federal agencies. Responding to Commissioner Frost, Ms. Lovell stated that every project is unique and each wetland area is also unique. Because of that factor, she cautioned against trying to . develop a blanket policy that is to be applied to every situation. She assured the Commission that the value of each individual wetland area is determined through a complex assessment tool and process, and that value can determine whether a wetland mayor may not be mitigated. She further stressed that the Army Corps of Engineers and the Environmental Protection Agency are responsible for making the final decisions pertaining to this type of area. The Associate Planner stated that the proposed zone code amendment is not intended to remove any of the flexibility to which Ms. Lovell has referred, and he does not believe that the amendment, as submitted, does so. He noted, however, that if the Commission is concerned about the issue, specific language can be added to ensure that does not occur. Mr. Gianforte stated that, while the discussion about wetlands is interesting, it is not pertinent to the zone code amendment before the Commission. He then encouraged the . Commissioners to focus on the amendment, which is designed to make the planned unit development regulations consistent with the subdivision regulations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Responding to Commissioner Youngman, the Associate Planner stated that it is possible to develop in a sensitive area, under the stringent requirements of Section 18.44 of the zone code. Commissioner Frost stated his support for the proposed zone code amendment, saying he wants to make sure it is clear in the amendment that there is no restriction on the Army Corps of Engineers' flexibility in dealing with wetlands issues. He then noted that the limited wetlands resources in the area are very valuable and forwarded his interest in ensuring that they are adequately protected. . Commissioner Youngman stated she feels it is important to ensure that the planned unit development regulations and standard subdivision regulations are consistent. She characterized the proposed amendment as a simple correction to provide for that consistency. She then suggested that the language under "a" be modified to pertain to only that portion of the parkland dedication that is required. She also suggested that the language pertaining to the 35- 01-05-98 - 9 - foot-wide buffer zone needs to be revised, stating she feels that a more comprehensive discussion about wetlands and floodplains is needed before those revisions can be adequately made. She noted that if the Commission wishes to enact that portion of the amendment at this time, it should be with additional language that states the process currently being followed will . not change. She then stated that she feels the issue of wetlands protection should be addressed at the local level. She stressed that, if "w" is dropped from the amendment at this time, steps must be taken to ensure that the issue is not lost. Commissioner Smiley noted that the Planning Board has been working with staff to develop a schedule for a complete review of the planned unit development process and regulations, and she is concerned about enacting an amendment to that section of the code without going through that entire process. She recognized there may be a need for denser housing in some parts of the community, and that opportunity should remain available. She then stated that if the Commission wishes to support this amendment, she could accept the proposed amendments to "a", but cannot support adding "w". Commissioner Rudberg stated she cannot support the proposed amendment. She . recognized that this is a serious issue that must be addressed. She noted, however, that she concurs with the Planning Board's recommendation that the issues be rolled into the comprehensive rewrite of this section of the code, which is currently in process with the City's most experienced Planner as the staff person in charge. Responding to Commissioner Smiley, Associate Planner Saunders stated that the housing around the University, not counting the high rises, is probably 10 to 15 units per acre. He noted that the density of the University Apartments is approximately 22 units per acre, and the new Bobcat Pad has 30 units per acre. Commissioner Smiley stated that she is more inclined to support the Planning Board's recommendation and ask staff to include the issues in this amendment in the comprehensive amendments to the planned unit development section of the code. . Mayor Stiff stated he is concerned about becoming involved in an issue which the federal government controls. He then stated his support for the Planning Board recommendation. It was moved by Commissioner Rudberg, seconded by Commissioner Smiley, that the Commission deny the Zone Code Amendment, as requested by Greg Gianforte under 01-05-98 . ....--.-.----......- -. - 10 - Application No. Z-97156, to amend Sections 18.04.510 and 18.54.100.E.2. of the Bozeman Municipal Code, to modify the definition of net residential density and the calculation of residential density for planned unit development; and direct staff to consider the housekeeping items with the proposed planned unit development revisions that are currently underway. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Youngman and Commissioner Frost. Ordinance No. 1450 - reDealing the subdivision regulations set forth in ChaDter 16 of the Bozeman MuniciDal Code and enactina new subdivision reaulations Previously submitted to the Commission was Ordinance No. 1450/ as approved by the City Attorney, entitled: ORDINANCE NO. 1450 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY THE REPEAL OF CHAPTER 16 OF THE BOZEMAN MUNICIPAL CODE AND BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 16, . PROVIDING FOR NEW SUBDIVISION REGULATIONS. City Manager Johnson reminded the Commission that staff has identified some needed revisions prior to final adoption of this ordinance. He stated those revisions have not yet been completed and requested that final adoption be deferred for a period of two weeks. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the decision on Ordinance No. 1450 be continued to January 20/ to allow staff an opportunity to complete amendments prior to 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. Ordinance No. 1452 - reDealing ChaDter 8.28 and reDlacing it with a new ChaDter 8.28. re nuisances . Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1452, as approved by the City Attorney, entitled: ORDINANCE NO. 1452 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REPEALING CHAPTER 8.28 OF THE BOZEMAN MUNICIPAL 01-05-98 - - 11 - CODE AND ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 8.28, PROVIDING FOR NEW REGULATIONS PERTAINING TO NUISANCES. The City Manager reminded the Commissioners that at their meeting of December 15, they provisionally adopted this ordinance and directed staff to bring back revisions prior to final adoption. He stated those revisions have not yet been completed and requested that the . Commission delay action for a period of two weeks. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the decision on Ordinance No. 1452 be continued to January 20, to allow staff an opportunity to complete amendments prior to final adoption. 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. 1453 - zone code amendment - amend Section 18.43.030 and add Section 18.54.110. Droviding for the creation of a Dlanned unit development for the North 19th Avenue/West Oak Street entrvwav corridors Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1453, as approved by the City Attorney, entitled: . ORDINANCE NO. 1453 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NOS. 1424, 1434, AND 1439, WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 18.43.030; PROVIDING FOR REVISIONS TO THE ENTRYWA Y CORRIDOR OVERLAY DISTRICT; AND BY ADDING A NEW SECTION TO BE NUMBERED SECTION 18.54.110; PROVIDING FOR THE CREATION OF A PLANNED UNIT DEVELOPMENT FOR THE NORTH 19TH A VENUE/WEST OAK STREET ENTRYWA Y CORRIDORS. Commissioner Frost reminded the Commission that he voted against this amendment because of the word "generally" in Section 18.54.11 0.F.2., pertaining to the percent of open space to be provided. He then indicated that he will vote against the adoption of this ordinance is the word is not eliminated. . Commissioner Rudberg stated that this ordinance, as submitted, reflects a compromise reached by the City-County Planning Board and the developers, and she feels it would be inappropriate to change it at this time. She further noted that, with the flexibility provided with the current language, it may be possible to expand the size of Rose Park in conjunction with development along the North 19th Avenue corridor. 01-05-98 - 12 - Commissioner Smiley noted that the City-County Planning Board did not want the word "generally" in the amendment. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1453, amending Section 18.43.030 and adding . Section 18.54.110 of the zone code to provide for the creation of a planned unit development for the North 19th Avenue/West Oak Street entryway corridors, as revised to remove the term "generally" in Section 18.54.11 0.F.2. 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. Ordinance No. 1454 - amendina sections in Chaoter 2.80 oertaining to the Historic Preservation Advisory Board and its membershiD Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1454, as approved by the City Attorney, entitled: ORDINANCE NO. 1454 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 2.80.010, 2.80.030, 2.80.040, 2.80.050, 2.80.060, 2.80.070, 2.80.080 AND 2.80.090 OF SAID CODE; PROVIDING FOR A CHANGE FROM "HISTORIC PRESERVATION ADVISORY COMMISSION" TO "HISTORIC PRESERVATION ADVISORY BOARD", AND INCREASING THE MEMBERSHIP OF THE BOARD TO ALLOW UP TO FIFTEEN MEMBERS. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1454, amending sections in Chapter 2.80 of the Bozeman Municipal Code pertaining to the Historic Preservation Advisory Board and its membership. 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. 1455 - amending the zonina desianation from "AS" (Aaricultural Suburban) to "R-3" (Residential--Medium-density) on aoproximately 160 acres located in the NW%. Section 2. T2S. R5E. MPM (between West Oak Street extended and Baxter Lane. west of Rose Park) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1455, as approved by the City Attorney, entitled: 01-05-98 -------- --------- -...-.. ----- -- .-...-...--.-- .~... .-.--.- - - 13 - ORDINANCE NO. 1455 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICULTURAL SUBURBAN) TO "R-3"(RESIDENTIAL--MEDIUM-DENSITY) ON APPROXIMATELY 160 ACRES LOCATED IN THE NORTHWEST ONE- QUARTER, SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. ~" It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1455, amending the zoning designation from "AS" (Agricultural Suburban) to "R-3" (Residential--Medium-density) on approximately 160 acres located in the Northwest Quarter, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located between West Oak Street extended and Baxter Lane, west of Rose Park. 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. 1456 - establishing an initial zonina designation of "R-2A" fResidential--Sinale- familv, Medium-densitv} on approximatelv 148.05 acres located in the SW%, Section 2. T2S, ,-" R5E, MPM (between Durston Road and West Oak Street. west of Smith Annexation) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1456, as approved by the City Attorney, entitled: ORDINANCE NO. 1456 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R- 2A" (RESIDENTIAL--SINGLE-FAMIL y, MEDIUM-DENSITY) ON APPROXIMATEL Y 148.05 ACRES LOCATED IN THE SOUTHWEST ONE- QUARTER, SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission finally adopt Ordinance No. 1456, amending the zoning designation of "R-2A" (Residential--Single-family, Medium-density) on approximately 148.05 acres located in the ,~ Southwest Quarter, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located between Durston Road and West Oak Street, west of Smith Annexation. 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. 01-05-98 01-05-98 - 15 - Commissioner Smiley stated that she would like to serve as liaison to the City-County Planning Board. Commissioner Rudberg cautioned that Commissioners must be careful in their liaison positions, and not become involved in the board meetings or forward what might appear to be I a Commission position. City Attorney Luwe confirmed Commissioner Rudberg's comments. He noted that a liaison must be careful to make it clear that any comments are from an individual perspective and do not represent a Commission position unless the Commission has previously made that determination. He also cautioned that on quasi-judicial matters, which typically include all planning matters, the Commissioners must remain impartial, and that appearance can be jeopardized if a Commissioner speaks during a hearing before an appointed board. The Commissioners determined it would be beneficial to appoint both a liaison and an alternate to most, if not all, of the boards. Each of the Commissioners, in turn, then identified on which boards he or she would prefer to serve, both as liaison or member and as alternate. As a result of discussion, the following list was developed. I Meeting! Board contact Appointee Alternate Board of Adjustment contact Rudberg - - Board of Appeals contact Rudberg - - Audit Committee members Stiff/Youngman - . Band Board contact Youngman Frost Beautification Advisory Board meetings Rudberg Youngman Bicycle Advisory Board contact Frost Youngman Cemetery Board meetings Stiff Smiley COSG Economic Oev Loan Review contact Smiley Rudberg Community Affordable Housing contact Youngman Rudberg City-County Board of Health member Stiff Smiley Design Review Board contact Youngman Smiley Downtown Improvement District Board meetings Frost Smiley Historic Preservation contact Frost Rudberg Interagency Breakfast member Stiff Youngman Library Board of Trustees meetings Youngman Stiff Parking Commission meetings Smiley Stiff Pedestrian/Traffic Safety contact Frost Smiley City-County Planning Board meetings Smiley Rudberg Recreation and Parks Advisory meetings Youngman Smiley I RFP Review Committee member Rudberg Stiff Senior Center Advisory Board meetings Stiff Youngman TIFID Board contact Frost Stiff Transportation Coordinating Committee member Stiff Rudberg Tree Advisory Board contact Smiley Frost Victim/Witness Project Team member Rudberg Stiff It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the appointments of Commissioner liaisons and Commissioners to various 01-05-98 - 16 - boards and commissions. 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. . Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Copy of letter from Bruce Gerlach, Bozeman Shelter Care Facility Inc., to City Engineer Craig Brawner, dated December 29, 1997, regarding the realignment of South 3rd Avenue at Westridge Drive. (2) Letter from Bob and Sharon Mcllhattan, 1700 Manley Road, dated December 22, 1997, regarding possible future paving of Manley Road. (3) Note from Paddy Ferriter, dated December 22, 1997, stating opposition to the proposed water rate increase. (4) Agenda for the Gallatin County Commission meeting which was held at 1 :30 . p.m. on Tuesday, December 30, 1997, in the Courthouse Community Room. (5) Agenda for the Gallatin County Commission meeting, to be held at 1 :30 p.m. on Tuesday, January 6, 1998, in the Courthouse Community Room. (6) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on Tuesday, January 6, 1998, in the Commission Room. (7) The City Manager reviewed the draft agenda for next week's Commission meeting. He noted that the first item on the work session is a review of the CIP Working Document and a review of how the Commission conducts its business. Mayor Stiff asked if a schedule can be included in the CIP Working Document that identifies those projects funded by the taxpayers and those projects funded by developers. . The City Manager responded that a majority of those projects are included on the impact fee list. He noted that the projects on those lists are typically the ones that will be accelerated by a specific development. He stated the other factor that might accelerate a project is the safety factor, citing the imminent need for a traffic signal at the intersection of West Oak Street and North 19th Avenue as an example. He suggested that, even though a 01-05-98 - 17 - specific schedule may not be included in the document, those items funded from outside sources should be readily identifiable because they generally pertain to growth. (8) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, announced that the ribbon cutting for the Van's County Market is scheduled for I 10:00 a.m. on Wednesday morning. (9) Mr. Smith asked if the monthly Interagency Breakfast is to be started again. The City Manager stated that the Interagency Breakfast has struggled for the past several months, noting that typically the City Manager, Executive Director of the Chamber of Commerce, two or three County Commissioners, and sometimes Craig Roloff from the University attend the meeting. He noted that representation from any of the other groups is very sporadic, and questioned the value of a meeting with such limited representation. He then indicated that if the City Commission is interested in continuing these breakfast meetings, he will again take an active role in organizing them. Mr. David Smith noted that Steve Johnson, Business Manager for the School District, is now the President of the Bozeman Area Chamber of Commerce. He then stated that he I would like to see the meetings started again because communication among the various agencies is important. (10) Mr. Smith announced that the annual luncheon meeting for the Chamber of Commerce is scheduled for noon on Tuesday, January 20, at the Holiday Inn. He stated that Dean and Fay Folkvord, owners of Wheat Montana, will be recognized for their Blue Chip award from the U.S. Chamber of Commerce. (11 ) Mr. Smith thanked City Manager Johnson and Commissioner Rudberg for their efforts in working with the federal and state Departments of Transportation regarding construction of the Chamber of Commerce building and attendant visitors' center and rest area at the intersection of Baxter Lane and North 19th Avenue. He then voiced his frustration over the attitudes of the officials with whom he has been meeting, stating that he does not feel the , Chamber's proposal to relocate the rest area will be approved. Mayor Stiff asked if aerial photos and maps have been used to determine if another site might be identified for the new Chamber of Commerce that would be acceptable to the Department of Transportation for a visitors' center and rest area as well. 01-05-98 u._ ._ - 18 - Mr. David Smith stated that the Montana Department of Transportation representatives have indicated that Baxter Lane is too far from the interstate for a rest area. He noted that he feels this site, at the intersection of two major roads, is preferable to a mid-block location, particularly when trying to provide adequate ingress and egress for large recreational vehicles. . Mr. Smith then stated it is important for the Chamber of Commerce to identify a specific location for its new building and get all of the plans completed and submitted, 50 they can take advantage of the upcoming construction season. Consent Items City Manager Johnson presented to the Commission the following Consent Items. ADDlication for Beer and Wine License for Cafe Internationale for Calendar Year 1998 Commission Resolution No. 3223 - establishing water rates. effective February 1. 1998 COMMISSION RESOLUTION NO. 3223 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, ESTABLISHING RATES FOR WATER CHARGES FORTHE CITY OF BOZEMAN. Commission Resolution No. 3224 - establishing sewer rates. effective February 1. 1998 COMMISSION RESOLUTION NO. 3224 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. Authorize eXDenditure of $2.432.54 as Dartial reimbursement for costs billed by the State of Montana DeDartment of Environmental Qualitv for the Bozeman Solvent Site for the Deriod July 1 through SeDtember 30, 1997 Authorize City Manaaer to sign - Chanae Order No.1 for South 3rd Avenue imDrovements. Schedule" - Montana Lines. Inc. . add $1.407.60 and o calendar davs . Authorize City Manaaer to sign - Amendment to Agreement No. RRG-96-1046 with Montana DeDartment of Natural Resources and Conservation - for seDarator collection facility to be constructed at Wastewater Treatment Plant Claims It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate 01-05-98 -...-.. ._n_.....___._..___. - 19 - persons to complete the necessary actions. 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. . Adjournment - 5:27 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the meeting be adjourned. 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. ~E ~ //// ~ M. STIF. aVO, ATTEST: --- - - - . ~ J~ ROBIN L. SUlLIVAN Clerk of the Commission I 01-05-98 ---. .-..--..-----