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HomeMy WebLinkAbout1997-10-06 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 6, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 6, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, 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. During the moment of silence, Mayor Stueck asked those in attendance to remember Mr. Bill Pentilla, former Fire Chief, who died in a vehicle accident this past week. None of the Commissioners requested that any of the Consent Items be removed for discussion. Recognition of International Visitors . Commissioner Youngman introduced two visitors from Patagonia, Argentina, noting that one of them serves as a Councilwoman in that city. She stated that these ladies have met with people in Missoula and at Montana State University, as well as with her earlier this afternoon. She noted that they have traveled to the United States under the Partners of the Americas program, stating it is an honor to have them in attendance at today's Commission meeting. Commissioner Youngman presented Ms. Graciella Moran and Ms. Nilda Shavinski with cowboy hat keychains and bitterroot pins on behalf of the City; and they presented two brochures from Patagonia, Argentina, to Mayor Stueck, thanking him for the City's hospitality. Minutes - SeDtember 15. SeDtember 22 and SeDtember 29. 1997 . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meetings of September 15, September 22 and September 29, 1997, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 10-06-97 ---- .--. --.----.- - 2 - Conditional Use Permit - Greaory Vidmar for Anne Barnaby - to allow remodelina of basement into an accessory dwelling unit on lot 25. Block 12. New Hyalite View Subdivision (1403 Cherry Drive) (Z-97122) This was the time and place set for the review of the conditional use permit requested by Gregory Vidmar for Anne Barnaby, under Application No. Z-97122, to allow the remodeling . of a basement into an accessory dwelling unit on lot 25, Block 12, New Hyalite View Subdivision. The subject property is more commonly located at 1403 Cherry Drive. Project Planner Christopher Williams presented the staff report. He noted that under this application, no exterior modifications are proposed. The proposed interior remodeling includes the construction of one 14-foot-long wall and the installation of kitchen appliances in the basement. The Project Planner stated that the City-County Planning Board conducted the public hearing on this application at its September 16 meeting. Following the public hearing, review of the application, consideration of the six criteria for conditional use permits and the staff's comprehensive findings, which are contained in the written staff report, the Planning Board concurred in staff's recommendation for approval, subject to six conditions. He noted that, in . a letter dated October 3, the applicant's attorney has forwarded two objections to those recommended conditions. Project Planner Williams reminded the Commission that, under the ordinance providing for accessory dwelling units, the first requirement is that at least one of the owners of record physically occupy either the main dwelling unit or the accessory dwelling unit. He noted, therefore, that Condition NO.1 may not be amended to address the applicant's opposition to that requirement. He further noted that the cooking facilities are identified as the key to identifying an accessory dwelling unit. He stated that if the basement is to no longer be used as an accessory dwelling unit, the removal of the stove is all that is required under the existing zone code, and the other improvements will be allowed to remain. . Responding to Commissioner Stiff, City Attorney Luwe stated that preliminary legal research suggests imposing of a family restriction on the requirements for an accessory dwelling unit may violate equal protection and the equal housing act. He noted that requiring that the property owner occupy the premises is allowable, but limiting the occupancy of the other unit to a family member is not. 10-06-97 - 3 - Responding to Mayor Stueck, the Project Planner confirmed that if the subject house is rented out, the accessory dwelling unit would automatically be revoked. City Attorney Luwe recommended that the Commission delete the phrase "and that the Accessory Dwelling unit shall be occupied by only relatives of the owner". He then stated that , . if the Commission wishes to have further legal review on the issue of requiring that family members reside in the accessory dwelling unit, the decision should be delayed until he has an opportunity to complete that review. Ms. Barbara Black, 1418 Cherry Drive, questioned whether allowing an accessory dwelling unit without the requirement that the residents in that unit be related to the property owner is permissible, in light of the single-family residential zoning and the covenants which require single-family homes in this subdivision. She noted that those who have moved into the area have done so with the knowledge that it was a single-family area in which they could raise their families without the impacts of rental units. She expressed concern that if accessory dwelling units are allowed in this subdivision and if family relationship is not required, probably 75 to 85 percent of the residences in the area would qualify for these "basement apartments". . Mr. Gordon McMullen, 1214 South Cedarview, stated he has built a fairly expensive home in this subdivision because it is zoned as a single-family residential area. He noted that the lots are very small and cannot accommodate basement apartments very well. He then expressed concern that, because of the lack of enforcement, it will be extremely difficult to conduct the amount of monitoring necessary to ensure that improper basement apartments do not result from approving this type of application. Responding to Mayor Stueck, the Project Planner confirmed that the City does not enforce covenants; rather, the residents within the subdivision must pursue enforcement. He then reminded the Commission that, under the zone code, accessory dwelling units are allowed in the "R-2" zoning district. . Mr. Frank Manseau, 1209 North Cedarview, stated he was aware that this is a single~ family residential area when he moved into his home several years ago, but he just recently obtained a set of the covenants. He recognized that the City does not enforce covenants, although he noted that the City is responsible for enforcing the "R-2" zoning requirements. He forwarded his support for the accessory dwelling unit provision, stating he feels it is important for families to be able to take care of their elderly members who may be unable to live 1 0-06-97 - 4 . completely independently. He stated, however, that he does not believe basement apartments should be allowed, but there are two of them very close to his home. He noted that, since the lots are small, this does not provide the space necessary for off-street parking, thus impacting the availability of on-street parking for other homes in the area and the plowing of snow. He . then indicated that, given the covenants for the subdivision, he feels it is appropriate to restrict the occupancy of the accessory dwelling unit to family members. He also stated that, when the accessory dwelling unit is no longer used by a family member, the residence should revert back to its original single-family status. Mr. Jerry Mundy, 1417 Cherry Drive, stated that when the accessory dwelling unit issue was initially discussed by the Commission, it was in the context of providing housing space for relatives. He also noted that the City-County Planning Board suggested that accessory dwelling units be for relatives only. He noted that people don't have a problem with others taking care of their parents, but they are opposed to rentals. Mr. John Gaffney, 1139 North Spruce Drive, stated he has lived in Bozeman since 1960 and decided eleven years ago, because of the abundance of rental properties in the area where . he was living, to move to this subdivision, which is a single-family residential area. He noted that, since moving to this area, he has noticed more and more rental situations, either through renting of the entire house or part of the house. He recognized that the applicant's proposal, which is to create a living unit for her parents in her home, is much preferable to a rental situation and should have minimal impact on the surrounding homeowners. He expressed concern that if the condition is not imposed which requires that the accessory dwelling unit is occupied by a relative of the property owner, then the accessory dwelling unit simply becomes another mechanism for providing rentals in the area. Mr. Gaffney noted that problems are typically not encountered when houses are rented to families; rather, the problems are encountered when houses are rented to groups of . unrelated persons. He stated that, while it is difficult to determine if rentals in the area actually decrease one's property value, he noted it does increase the lack of desire to move into the area. Mr. Gaffney concluded by noting that probably a number of people in the community are currently caring for their parents in their own homes. He noted that this should be encouraged, but in a manner which does not open the door to rental situations. 10-06-97 . _. ._.____._._......_m_._. - 5 - Mr. Greg Vidmar, contractor representing the applicant, stated it was his understanding that the accessory dwelling unit was created for family members and for affordability. He expressed concern about the lack of affordable housing in Bozeman, noting that accessory dwelling units can help to address that situation by creating more housing units for rent. He . noted that the community is losing its neighborhoods, as evidenced by the fact that no one has contacted Ms. Barnaby to discuss her plans for her home; rather, they simply choose to speculate about it. He stressed the fact that no exterior work is proposed and only minimal interior work is planned to create a little more privacy for the accessory dwelling unit. Responding to Commissioner Youngman, City Attorney Luwe stated that the restrictive covenants must be enforced by the individuals in the neighborhood. He then noted that he is unsure whether an accessory dwelling unit would be a violation of those covenants. He stated that, even if the Commission approves this application, the neighborhood may proceed with enforcement of the covenants. Commissioner Youngman stated that if there are apartments in the area which are not in compliance, it is important for the residents to notify either a City staff member or a City . Commissioner, so the non-compliance can be reviewed and properly addressed. Project Planner Christopher Williams stated that he and Zone Code Enforcement Officer Roy Beall are currently enfor~ing the code as it pertains to illegal apartments, noting that they will investigate and prosecute any complaints received. Responding to Commissioner Frost, Ms. Anne Barnaby, applicant, stated that, under the conditions as recommended by the Planning Board, if she is out of the county or out of state on a work assignment, she would be unable to rent out her home and retain the accessory dwelling unit. She then recognized that the zone code requires that she occupy either the primary dwelling unit or the accessory unit; however, she does not like that requirement. Commissioner Rudberg stated that, from the testimony submitted during this meeting, . it appears a number of non-conforming apartments currently exist in this single-family neighborhood, despite the zoning and the restrictive covenants. She stressed the importance of recognizing that the residents in the neighborhood are responsible for enforcing the covenants in court. She then noted that accessory dwelling units were added to the zone code to provide affordable housing units and to provide for taking care of one's parents. She noted that requiring the property owner to reside in one of the units was designed to ensure that the 10-06-97 ----..-.. .-..... ---'--- - 6 - impacts of the accessory dwelling unit were minimized. She stated that in this instance, if the applicant chooses to rent out the home instead of residing there herself, the accessory dwelling unit disappears and it once again becomes a single-family unit. She noted that this applicant has gone through the proper process to create a second unit in her home, only to incur the . neighborhood frustrations about illegal apartments in the area. She then indicated her support for this application, with the conditions as recommended by the Planning Board. Responding to Mayor Stueck, the Project Planner confirmed that much of the discussion surrounding the creation of accessory dwelling units revolved around providing a dwelling unit for relatives. He noted, however, the conversation was expanded to provide for affordable housing units, possibly above garages. He then cautioned that, while owner occupancy can be required, requiring that only relatives occupy the accessory dwelling unit is not allowed under federal equal protection legislation. Ms. Barbara Black stated that Ms. Barnaby has not resided at her residence for the past nine to ten years, but has rented it out. Commissioner Rudberg reiterated that the property owner must reside in either the main . residence or the accessory d.welling unit for it to be a valid use; and if the property owner fails to live in one of the units, then the Zone Code Enforcement Officer can take steps to remedy the situation. Commissioner Stiff stated that, while he is uncomfortable with an accessory dwelling unit which is contrary to the restrictive covenants, he recognizes that this is not the place to resolve the issue. Responding to Mayor Stueck, City Attorney Luwe confirmed that this application may not be denied solely on the basis that it is contrary to the restrictive covenants. Commissioner Frost stated his concurrence with Commissioner Rudberg's assessment that the accessory dwelling. unit provides a better situation that what currently exists in the . area, with the illegal apartments. He then noted that the neighborhood belongs to the neighbors, and it is important that they forward any infractions to the City staff for review and appropriate action. Commissioner Youngman stated that, at a future date, the Commission should discuss how to get proper information to property managers regarding rentals and accessory dwelling units so they can avoid violating the law. She characterized the accessory dwelling unit as 10-06-97 .- - ----.----...---------. ..---.---- ----.-----..------------.-- - 7 - providing the best possible type of rental unit, since the structure is owner-occupied. She concluded by indicating her support for this application. Mayor Stueck stated he recognizes the neighborhood concerns surrounding this application. He forwarded his concern that accessory dwelling units are not limited to family . members. He then indicated that he will support this application, based on the provisions of the zone code. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the conditional use permit requested by Gregory Vidmar for Anne Barnaby, under Application No. Z-97122, to allow the remodeling of a basement into an accessory dwelling unit on Lot 25, Block 12, New Hyalite View Subdivision, be approved, subject to the following conditions: 1. The applicant shall record a deed restriction with the Gallatin County Clerk and Recorder's Office, indicating that the lot shall be occupied by the owner of record for the duration of the existence of the ADU. The deed restriction shall also indicate that should the City determine that the lot is not occupied by the owner of record, the conditional use permit for the ADU shall be revoked and the improvements establishing the ADU shall be removed at the owner's expense. 2. The restrictions established in Section 18.50.020.C of the Bozeman . Municipal Code shall continue to be met for the duration of the ADU. 3. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the conditional use permit procedure. 4. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin 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. 5. That all conditions specifically stated under a conditional use listed in the Bozeman Municipal Code shall apply and be adhered to by the owner of the land, successors or assigns. 6. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Stiff, Commissioner Frost, Commissioner Youngman and Commissioner Rudberg; those voting No being Mayor Stueck. Discussion - draft annexation agreement for Vallev West Annexation Included in the Commissioners' packets were a copy of the draft annexation agreement, 10-06-97 - 8 - stamped "preliminary", forwarded with a memo dated September 24, and memos from Assistant Planning Director Debbie Arkell, dated September 29, October 1, October 2 and October 3, 1997, forwarding proposed amendments to the draft agreement. The Assistant Planning Director distributed a memo, dated October 6, in which City . Attorney Luwe has submitted four additional changes to the "preliminary" annexation agreement. She characterized this "preliminary" annexation agreement as the "draft" annexation agreement with the changes suggested during previous discussions. She noted that in her memo of September 24, she addressed each of the proposed revisions and how those issues have been incorporated into this new version of the annexation agreement. The Assistant Planning Director briefly reviewed the revisions to the proposed agreement, characterizing a majority of the revisions in the memos as the result of staff review of the proposed agreement. Mr. Jack Schunke, Morrison-Maierle, consulting engineer representing the applicants, thanked the City staff and City Commission for their persistence in developing an annexation agreement which adequately addresses all of the issues and which is acceptable to both . parties. He stated the applicants are agreeable to providing the bonding at a level of 110 percent. He indicated an interest in retaining the three funding mechanisms identified in the various options in the annexation agreement. Mr. Schunke recognized that Lines 22 through 25 on Page 12, pertaining to improvements to Durston Road, are strictly "for your information" at this time. However, he asked that the words "curb, gutter and sidewalk" be deleted, particularly since they are proposing to initially constru,ct the roadway to County standards, with possibly a bicycle lane. He then noted that there have previously been some discussions regarding the inclusion of the 64 acres in what has been identified in Area 3 in the annexation. Commissioner Stiff stated he continues to have concerns about annexing the 64 areas . in Area 3, particularly because of questions about the City's ability to provide sewer to that area. Mr. Schunke responded that the inclusion of the 64 acres in the annexation request was discussed at length prior to submittal of the application, and it was determined that annexing the larger piece of ground was more logical and would provide for better planning of i nfrastructu re. He recognized that the subject 64 acres lies outside the sewer service 10-06-97 -.--.-.--- -.. - - 9 - boundary; however, he encouraged the Commission to recognize the importance of taking steps now to ensure that the size and the depth of sewer lines is appropriate to meet future demands. He stated that, in light of the grade differences between the 64 acres and the existing trunk lines, he has identified three options for providing sewer service to that site, . either through gravity flow lines or through use of a lift station. He assured the Commission that if a lift station is installed, it will be privately maintained rather than creating a burden on the City. Mr. Schunke characterized the sewer service boundary as a "very soft line". He noted that growth to the north and west will have significantly less impact on the existing system than growth to the south and east. He suggested that, on that basis, this proposal is an appropriate extension of the service area. Commissioner Frost asked if annexing a parcel outside the sewer service area sets what may be an undesirable precedent. City Attorney Luwe responded that in this instance, several improvements are being proposed in conjunction with annexation that typically occur later in the subdivision or . development processes. He suggested that these additional requirements could be imposed on any future requests for connection of properties outside the sewer service area to the City's sewer system. Commissioner Rudberg noted that if the westernmost 64 acres is to be used for the gravel pit for development of the remainder of the site, it will be several years before any type of development could occur on it. In that light, she suggested that this developer will be competing with others for remaining capacities in the future, with the understanding that the capacity may not be available. Mr. Jack Schunke stated his concurrence with Commissioner Rudberg's comments, noting that development of this parcel will not occur for several years. He then encouraged the . Commissioners to recognize the benefit of being able to plan infrastructure which will serve in excess of 1,000 acres, rather than taking a piecemeal approach to the issue. Responding to questions from Commissioner Youngman, Mr. Schunke stated that annexing the entire parcel will allow for better planning in the future, for the developer, for the City and for infrastructure extensions. 10-06-97 - 10 - Responding to Commissioner Frost, Mr. Schunke stated that bonding for the improvements is not a real good option for anyone. He also noted that putting all of the monies into escrow is very expensive for the developer, particularly since the infrastructure improvements are projected to cost $2.7 million. He stated that a combination of cash escrow . and an irrevocable letter of credit seems to provide the protection which the City is seeking at an affordable rate to the developer. City Attorney Luwe cautioned that Option A is significantly different from Option 8 and Option C. He suggested that, rather than leaving all three options in the agreement, as requested by the applicant's representative, it may be better to combine just Options Band C. Responding to questions from Commissioner Stiff, Mr. Schunke stated that the applicant proposes to begin installation of the water and sewer lines as soon as the plans are approved by the City, hopefully late this fall. He assured the Commission that the financial assurances, in the amount of 110 percent of the estimated costs, would be in place before that work is begun. Commissioner Frost stated he has some concerns about this proposed condition, . suggesting it may need to be rewritten to accommodate what is being proposed and to ensure adequate protection for both parties. Responding to Commissioner Stiff, Mayor Stueck stated he feels that the letter of credit should be drawn on a local financial institution. Commissioner Frost noted that in the past, the City has required that the expiration of the letter of credit be set approximately three months after the deadline for installation of the improvements so that if the City must cash the letter of credit and have the work done, it has time to do so. He then indicated he has no problem with accepting a letter of credit for a portion of the financial guarantee, as long as the applicant and the City are willing to reach agreement about the length of time the letter is in effect. . City Manager Johnson cautioned that only rough estimates of the infrastructure costs have been discussed to date. He suggested that, rather than basing the financial guarantee on I those figures, it should be based on 110 percent of the actual contract amount. Following a brief discussion, the Commissioners generally concurred that, while a cash escrow account would be the preferable form of financial guarantee, a combination of an escrow account and a letter of credit would be acceptable. 10-06-97 --- .--. - ___n_.... ........... .___.____ . --. -.-...-.-.... - 11 ~ Responding to Mayor Stueck, Assistant Planning Director Debbie Arkell suggested that Lines 22 through 24 on Page 12 could be modified to require that, prior to final plat approval, Durston must be improved. She then asked if the Commission would be willing to accept the applicant's proposal to do patching maintenance on Durston Road if that is determined . adequate; the Commissioners indicated that they would. The Assistant Planning Director then asked the Commissioners to forward their input on the proposed amendments, as contained in her memo of October 1 and the City Attorney's memo dated October 6. The Commissioners concurred that sidewalks should be required on only the west side of Cottonwood Road rather than on both sides. She noted that the City Attorney has offered some language to address the concern about conflicts between Sections 3 and 17; the Commission concurred with the proposed revision. The Assistant Planning Director turned her attention to her memo of October 2; the Commission concurred in the proposed change. She then reviewed the proposed revisions contained in the October 3 memo. Responding to Mayor Stueck, Director of Public Service Forbes stated he is not . interested in wasting resources on improving Durston Road. He cautioned, however, that if the improvements to Durston Road from North 19th Avenue west are to be completed through a special improvement district, it may be quite some time before that is accomplished. The Assistant Planning Director cautioned that it would be best and most cost effective to improve Durston Road in one complete project. In response to Mayor Stueck, Mr. Jack Schunke stated the only concern the applicants have about the proposed added condition is the phrase "full use" of Bronken Park. He encouraged the Commissioners to recognize that the improvements to Durston Road will not be made under a special improvement district until at least next year, and he wants to retain flexibility in the use of Bronken Park in the meantime. . Director of Public Service Forbes cautioned that the development of the proposed soccer fields at Bronken Park will attract tournaments, and that is the key for him. He noted that, while practice and regular tournament games might generate an acceptable level of traffic, tournaments will dramatically impact the roadways. He recognized that the applicants' proposal is to improve Durston Road to County road standards plus ten feet to accommodate 10-06-97 - 12 - bicycle traffic. He characterized that as an acceptable road configuration, and he feels its completion is the key to allowing tournament play at Bronken Park. Mr. Brian Troth noted that Cottonwood Road will be paved and will provide a second access to Bronken Park. . Mayor Stueck suggested that the Director of Public Service's suggested language be modified to more accurately reflect his intent; the City Attorney indicated that staff will prepare the revised language. As a result of reviewing the various changes contained in the October 3 memo, the Commissioners concurred with the changes as discussed. Mr. Jack Schunke stated he generally feels good about the proposed annexation agreement, with the changes resulting from today's discussion. He expressed concern, however, that the agreement contains a ten-year limitation on the payback clause. He reminded the Commission of the large amount of vacant land which will be served by the infrastructure being installed in conjunction with this annexation, noting that a ten-year payback period does not provide nearly enough time for that area to develop. . City Attorney Luwe noted that it is important to include a time limit on payback agreements; and Director of Public Service has recommended a ten-year limit on the most recent agreements to minimize the administrative impacts on his department. The Commission requested that the revised draft annexation agreement be placed on next week's agenda for possible action. Ordinance No. 1449 - ADcroDriation Ordinance for Fiscal Year 1997-1996 Included in the Commissioners' packets was a copy of Ordinance No. 1449, as approved by the City Attorney, entitled: ORDINANCE NO. 1449 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1998. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1449, the Appropriation Ordinance for Fiscal Year 1997-1998, be finally 10-06-97 -..-- - 13 - adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Commission Resolution No. 3209 - establishina mill levy for Fiscal Year 1997-1998 Included in the Commissioners' packets was a copy of Commission Resolution No. 3209, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3209 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1997-1998. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that Commission Resolution No. 3209, establishing the mill levy for Fiscal Year 1997-1998, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and . Mayor Stueck; those voting No, none. Discussion re installation of stOD signs on Yellowstone Avenue in coniunction with removal of temDorarv traffic circles at Ravalli Street and Toole Street Included in the Commissioners' packets was a memo from Engineering Assistant Andy Kerr to Director of Public Service Phill Forbes, dated September 23, forwarding his stop sign warrant evaluations for the intersections of Yellowstone Avenue with Toole Street and Ravalli Street. City Engineer Craig Brawner noted that, following the public hearing on possible removal of the traffic circles at the intersections of Yellowstone Avenue with Toole Street and Ravalli Street, staff was asked to do a warrant analysis of the intersections, and the results of that . analysis have been provided to the Commission. He summarized those findings, noting that the traffic counts reveal there are approximately 100 vehicles on Toole Street per day and 1,000 vehicles on Yellowstone Avenue per day at that intersection. He noted that the traffic counts also reveal the traffic at the intersection of Yellowstone Avenue and Ravalli Street is much more evenly split, with 500 to 600 vehicles on each leg of the intersection per day. 10-06-97 - 14 - The City Engineer reminded the Commission that the Manual of Uniform Traffic Control Devices lists specific warrants which must be met for the installation of stop signs. He noted that the intersection of Yellowstone Avenue and Toole Street does not meet those warrants, particularly if the Commission is interested in having stop signs installed on Yellowstone . Avenue. He stated that, given the even traffic load at the intersection of Yellowstone Avenue and Ravalli Street, stops signs could be warranted on Yellowstone Avenue if the Commission so chooses. He further noted that at the intersection of Yellowstone Avenue and Ravalli Street, some significant safety issues have been identified, mostly pertaining to sight problems. He suggested that either the stop signs can be installed or those safety issues must be mitigated. The City Engineer encouraged the Commission to be sensitive to the issues surrounding the installation of stop signs and ensure that precedence is not set. He further reminded the Commission that the installation of stop signs should not be driven by an attempt to address traffic volumes or speeds, since studies have shown that they are ineffective in both issues. He noted that before the traffic circles were installed, typical speeds were 27 %: to 30 miles per hours; after the traffic circles were installed, the typical speeds for the same stretch of roadway . were 30 to 33 miles per hour. City Engineer Brawner encouraged the Commissioners to consider the streets in the area when addressing the issue currently before them, particular since their decision could affect those surrounding streets. He further noted that since the temporary traffic circles were installed, Fowler Avenue has been extended from West Babcock Street to West Main Street. He noted that the northward, extension of that roadway to Durston Road and improvements to Ferguson Road between West Babcock Street and Durston Road could further change the traffic patterns in that area. Commissioner Frost suggested that the temporary traffic circles be allowed to remain in place instead of removing them and installing stop signs at only one of the two intersections. . He expressed concern that with the removal of the traffic circles and installation of only one set of stop signs, speeds will increase, and that was one of the concerns raised by residents in the area. Commissioner Youngman noted that Ferguson Road is not yet completed, and that was one of the reasons for the installation of the traffic circles on Yellowstone Avenue. 10-06-97 - 15 - Mayor Stueck stated support for the installation of stop signs on Yellowstone Avenue at Ravalli Street. He noted that the removal of the traffic circle and attendant installation of the stop signs will help to alleviate the concerns arising from the pushing of vehicular traffic closer to the sidewalk where children are waiting for the school bus. . City Engineer Brawner stated that if the Commission wishes to consider the installation of stop signs on Yellowstone Avenue north of West Babcock Street, staff would suggest that it consider doing so at Cascade Street rather than Toole Street. He cautioned that the traffic counts do not warrant the installation of stop signs at that intersection either, but they could be better justified. Commissioner Rudberg stated support for removal of the traffic circles and the installation of two-way stop signs on Yellowstone Avenue at Ravalli Street. Commissioner Youngman stated she feels stop signs should be installed at Cascade Street as well, to create a break in that long, straight stretch of roadway. She suggested that the extensions of Fowler Avenue and Ferguson Road between West Babcock Street and Durston Road could change the traffic patterns enough in the future to reduce the need for stop . signs on Yellowstone Avenue. Mayor Stueck forwarded his support for installation of stop signs on Yellowstone Avenue at Ravalli Street immediately. He noted that if it is later determined that stop signs are also needed at Cascade Street, he is willing to consider the installation of additional signs at that time. Commissioner Frost indicated his hesitance to support the removal of the traffic circles and installation of stop signs. He stated, however, that since the neighbors don't really support the traffic circles, he will support the proposal to remove them and install stop signs. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission authorize and direct staff to remove the temporary traffic circles on Yellowstone . Avenue and concurrently install two-way stop signs on Yellowstone Avenue at Ravalli Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 10-06-97 ----....--.--. -- -- .. - 16 - Discussion and direction to staff re Darking/drivina on turf in City Darks Included in the Commissioners' packets was a memo from the Recreation and Parks Advisory Board, dated October 3, indicating that parking on the grass in City parks should not be allowed. The memo also indicated that the Board has directed Park Superintendent John . McNeil to meet with Farmers' Market, Sweet Pea and the Bozeman Municipal Band to discuss this issue and try to develop solutions. City Manager Johnson stated that a conversation with Terry Baldus, Chair of the Recreation and Parks Advisory Board, revealed that the Board is still fairly adamant about not parking on the grass. Commissioner Frost suggested that the grass area along the south side of the southernmost entrance to Bogert Park be converted to a parking area, noting that it would be well used by those using the swimming pool as well as those attending Farmers' Market and the band concerts. Park Superintendent John McNeil noted that the location of a sprinkler head where people typically drive into the area to watch band concerts has created problems in the past. . He then suggested that the use of turf pavers could eliminate some of the problems that have been encountered. He suggested another alternative might be to allow parking on the grass for band concerts and Farmers' Market only, prohibiting parking on the grass during the remainder of the week. He recognized that people attending Sweet Pea have grown accustomed to parking on the grass at Bogert Park and, because of this year's wet summer, the resulting damage to the grass was significant. Commissioner Rudberg noted that a definite need for parking exists in Bogert Park. Mayor Stueck expressed concern that the second paragraph of the memo indicates that the Board directed the Park Superintendent to meet with the various organizations to develop possible solutions, particularly since he is not the Board's employee. The Park Superintendent . responded by characterizing the memo as overstating the Board's action. Commissioner Rudber,g noted that about a month ago, the City Commission directed the Recreation and Parks Advisory Board to meet with the different groups over the winter to identify alternatives to the existing situation. She then stated that she will not support removing either the band concerts or the Farmers' Market from the park unless that is the 10-06-97 --...-.... --- ---.---.--. -.---.- .-...-----...-.- --.. -- ..--.-....-.-- -. ..-..-..----.- _.._______. ..n . _n _._. - 17 - recommendation of either the individual group or the Recreation and Parks Advisory Board as a result of meeting with the groups. Commissioner Stiff stated he has never seen damage to the grass as a result of parking for the band concerts. He then stressed that, because of the types of people who attend the . concerts and the lack of damage, he cannot support prohibiting parking on the grass for those concerts. City Manager Johnson forwarded staff's concern that, particularly in this one area of Bogert Park, it is extremely difficult to maintain the type of turf that people expect in a park when it receives the amount of parking that it does. He suggested that if the Commission wishes to identify the area as a turf parking lot, then staff can relocate the sprinkler heads and maintain it as a turf parking lot rather than as a grassy park area where recreational activities occur. He then noted that a temporary gate with a lock could be installed to preclude people from parking on the grass except during designated times and events. The City Manager noted that damage to the turf in Lindley Park occurs during the Sweet Pea activities. He recognized that this damage does not come from driving on the grass; rather, . it occurs from the heavy amount of foot traffic. He suggested the Commission could require that Sweet Pea participate in remedying this damage, possibly by contributing toward a tractor- pulled aerator. Mayor Stueck noted that the City has an ordinance which prohibits parking on the grass in City-owned parks. Commissioner Frost stated he feels it is important to retain the ordinance. He suggested, however, that through agreements between the City and various user groups, parking on the grass could be allowed in exchange for some type of contribution to equipment needs resulting from that activity. Commissioner Youngman recognized that the user groups mentioned already contribute . to the parks in various ways. She then stated that she does not have a problem with the current level of use in Bogert Park, noting that has become an activity park. She noted, however, that because of the increased level of use, addressing the parking issue is now a major issue. Mr. Joe McKay, 401 South Third Avenue, characterized parking in Bogert Park as a big issue, particularly for events like Farmers' Market. He noted that the Farmers' Market has 10-06-97 n __ - 18 - become a social event for hundreds of people. He stated that the turf used for parking during the band concerts and the Farmers' Market continues to come back year after year. He also questioned who would be benefitted by removing the parking in that area to save the grass, particularly in light of the other areas readily available for recreational use. . Ms. Daria Joyner, Career Transitions, noted that they have taken over management of the Farmers' Market. She indicated a willingness to meet with representatives from the City to discuss the issue of parking and attempt to find an acceptable solution. Mayor Stueck characterized Sweet Pea and Farmers' Market as success stories that have become too big for their current locations. He noted that acceptable alternatives should be considered, to ensure the continued viability of these programs. Ms. Joyner stated that they have attempted to provide some traffic control on Saturdays, and that has seemed to work well. She then stressed that Farmers' Market is willing to contribute financially toward any solution that might be identified. Mayor Stueck indicated that this item will be placed on a future agenda, when the Recreation and Parks Advisory Board has developed a proposed solution to the issue. . Discussion re draft County Commission resolution callina for an election to allow the County Commissioners to levv UD to 6 mills for 9-1-1 emeraency disDatch Included in the Commissioners' packets was a copy of a draft resolution, as prepared by the 9-1-1 administrative board, asking for an election to allow the County Commissioners to levy up to six mills, outside the 1-105 cap, to fund 9-1-1 emergency dispatch services. Gallatin County Fiscal Officer Ed Blackman distributed an information sheet showing how the proposed resolution would impact City and County taxpayers in Fiscal Year 1999, compared to current funding sources. County Attorney Marty Lambert stressed that this resolution is in draft form and will the subject of discussion at the next 9-1-1 administrative board meeting, which is scheduled for . October 22. He stated that once the board is satisfied with the resolution, it will be forwarded to the Gallatin County Commissioners for their consideration. He noted that under this resolution, the funding for the 9-1-1 program would be revised from what is contained in the existing interlocal agreement. 10-06-97 ---..----- - 19 - The County Attorney stated that under the board's proposal, the six-mill levy would be placed on the June 1998 ballot. He stressed the importance of providing adequate funding for the program, reminding the Commission of the public safety issues which have arisen over the past year due to power outages and other communications problems. He characterized these . as extremely serious situations, from which no major problems or calamities arose. He noted that under the proposed six-mill levy, adequate funds would be generated to address the needs of the program, in a fair and equitable manner throughout the county. He stated that the fiscal analysis distributed by the Fiscal Officer reflects the disparity in funding between City and County residents at the present time. He noted that if the mill levy is placed on the ballot and is successful, the funding would be levied solely by the County, thus freeing up 6.52 mills of City monies for use in another manner. He recognized that the overall result would be a reduction in the contribution by City residents and an increase in the contribution by County residents. In light of this shift in funding, the board recognizes that obtaining approval of the mill levy may be difficult and will require a strong educational campaign. Responding to Commissioner Rudberg, Fiscal Officer Blackman stated that West . Yellowstone has its own 9-1-1 program; however, either that system must be upgraded or they must become a part of the Gallatin County system. Responding to Mayor Stueck, the County Attorney stated that expanding the 9-1-1 center to include other counties will require some major technical changes in the center. He noted that telephone numbers with specified prefixes currently ring into the 9-1-1 center, and expansion of the service area would require adding to the list of prefixes ringing into the center, a number of which are currently outside the local calling area. He further cautioned that funding could then become. a major issue, particularly if the special mill levy is approved in Gallatin County. He noted that, optimistically, if the voters approve the mill levy, it will be eighteen months before the interlocal agreement is revised and the new funding source is in . place. Commissioner Rudberg stressed the importance of ensuring that the new system is up and running properly before consideration is given to expanding the area served. County Attorney Marty Lambert noted that Bozeman, Belgrade, Manhattan and Three Forks currently contribute toward the costs of the 9-1-1 center. Once again, he stressed the 10-06-97 _.. ___'n___._________ .-- .. .-- .------ ..-...---.--...---- .--.--..."'..,-,.---.-- - 20 ~ fairness issue, noting that the residents of those communities as well as the unincorporated portions of the county should contribute at the same level. City Manager Johnson asked that the City Commission allow City staff adequate time to review the fiscal impact information prepared by the County's Fiscal Officer and to conduct . its own analysis prior to endorsing this proposal. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to conduct a fiscal analysis of the proposed six-mill levy and submit the results back to the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. ADDointments to CDBG Economic Develooment Loan Review Committee Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated October 2, forwarding the list of applicants for this board. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission appoint Greg P. Metzger to replace Steve Schnee as the former loan representative and reappoint Gary Sisson as the commercial lender representative on the Community Development Block Grant Economic Development Loan Review Committee, with two-year terms to expire on June 30, 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Reauest for oermission to conduct 10K CROP Walk for the Hunarv - Sunday. October 12. 1 :00 o.m. - beginnina and ending at Food Bank: limited to . sidewalks and walkways Award bid - cab and chassis for automated Qarbaae truck - Billinas Truck Center. Billinas. Montana - in the bid amount of $85.134.00 Award bid - semi-automated/automated containers for garbaae collection - Solid Waste Systems. Inc.. Sookane. Washington - in the bid amount of $86.377.50 Acknowledge receiot of aoolication for vacation of Fourth Avenue SE (also known as Ida Street) between Blocks 22-24. Electric Heights Addition. and Lots 10-06-97 .... ._._n_.____ - 21 - 1-4. Block 1. Graf's First Subdivision. Second Filing - Simgraf Corporation: refer to staff Authorize City Manager to sign - Amendment No.1 to Professional Services Aareement for Rehabilitation and EXDansion of Sludge Lacoons and New SeDarator Waste Handlina Facilitv - Morrison-Maierle. Inc. Acknowledge receiPt of reauest from Clair Daines that the cash-in-lieu of parkland . dedication for North Meadows Subdivision be earmarked for improvement of the North Meadows subdivision Dark: refer to staff Commission Resolution No. 3210 - intent to create SID No. 664 - imorovements to 640.02-foot long Dortion of West Beall Street Iving between its current terminus west of North 23rd Avenue and North 25th Avenue: set public hearina for November 3. 1997 COMMISSION RESOLUTION NO. 3210 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02-FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS CURRENT TERMINUS WEST OF NORTH 23RD AVENUE AND NORTH 25TH AVENUE, IN THE CITY OF BOZEMAN, MONTANA, AND FINANCING THE COSTS THEREOF AND INCIDENTAL . THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOL VING FUND. Reauest for Dermission to conduct run to kick off Red Ribbon Week - Saturdav. October 18.9:00 a.m. - beginnina and endina at Sacaiawea Middle School Appoint Commissioner Younaman and Commissioner Rudberg to sub-committee to review Pledged Securities as of June 30. 1997 ExemDtion to subdivision reaulations - allow realianment of common boundarv of Technical Service Center Subdivision with an adiacent Tract C-1. COS No. 1243A. located in the N %. Section 15. T2S. R5E. MPM - Morrison- Maierle. Inc.. for property owners (south of West College Street and west of Technology Boulevard) Authorize City Manager to sign - Chance Order NO.1 for Highland Boulevard Bike and Pedestrian Path - JTL Group. Inc.. Bozeman. Montana - add $14.191.15 and 0 calendar davs Building Inspection Division report for Auaust 1997 . Claims It was moved by COlT!missioner Frost, seconded by Commissioner Youngman, 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 he following Aye and No 10-06-97 - 22 - vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Commissioner Stiff left the meeting at 5:35 p.m. . Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Lynn R. Irby, 1109 North Pinecrest, dated September 25, 1997, forwarding comments on the proposed revisions to the animal control ordinance. (2) Letter from Christian Francis, 102 Sunset Boulevard, a member of Boy Scout Troop 673, stating his opposition to fining dog owners whose pets are unleashed in City parks. (3) Memo from City Manager Johnson, dated September 28, forwarding a letter from the Recreation and Park Advisory Board, dated September 5, regarding the acquisition of additional land and the possible use of transfer development rights for development of Rose Park, and asking that the City Manager serve as "catalyst" for the project. . The City Manager asked if the Commissioners want him to serve as the "catalyst". Mayor Stueck stated that he would support the City Manager serving as facilitator rather than as catalyst; the Commissioners concurred. (4) Memo from City Manager Johnson, dated September 28, regarding requests for free use of the landfill by certain non-profit community service organizations, along with a copy of the minutes from the October 12, 1982, meeting at which criteria for considering such requests were developed. The City Manager asked the Commissioners if they wish to consider continuing this practice. Mayor Stueck requested that it be placed on an upcoming work session for discussion, . after which it can be placed on a regular agenda for action. (5) Memo from Cjty Engineer Brawner, dated September 30, indicating that the Griffin Drive widening project was completed under budget and on time. (6) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on Tuesday, October 7, 1997 in the Commission Room. 10-06-97 - 23 - (7) Agenda for the City-County Planning Board meeting, to be held at 7:00 p.m. on Tuesday, October 7, 1997 in the Commission Room. (8) Agenda for the Gallatin County Commission meeting, to be held at 1 :30 p.m. on Tuesday, October 7, 1997 at the Courthouse. . (9) Commissioner Frost noted the October issue of Governing magazine contains an article regarding AASHTO standards, indicating that those standards are developed on the basis that everyone is speeding, drunk and not wearing a seatbelt. He noted that in Vermont, the AASHTO standards have been challenged and, in fact, some work has been done without federal monies to avoid the standards. He stated that the federal government is now attempting to provide some flexibility by developing a companion guide to the AASHTO standards. (10) Commissioner Youngman noted that the Commissioners received a petition a few weeks ago regarding the negative impacts that the noise from pumping groundwater 24 hours a day was having on the surrounding residential neighborhoods. She asked if Commission action is needed, to ensure that appropriate action is taken. . The City Manager stated that he talked to the City Attorney about ordinances which govern this issue and found that under the zoning ordinance, any noise above 68 decibels would be in violation. He al,so noted there is a general nuisance ordinance, which may apply in this instance. He then stated that he asked the contractor how much longer the pumping will continue, and the response was that it will continue for at least another month. He noted that the contractor has done some things to try to lower the noise level, and he has submitted a copy of the petition to the contractor. He suggested that if the Commission wants an ordinance which specifically addresses construction noise, it should direct staff to prepare one. Commissioner Rudberg questioned the need for another ordinance, particularly in light of the existing ordinances. . City Attorney Luwe reminded the Commission that noise ordinances pertain not only to this type of noise, but may also apply to snow blowers and lawn mowers. Mayor Stueck characterized the existing situation as an isolated issue, where pumping is required 24 hours per day to keep the water level low enough to allow for the installation of water and sewer mains. He recognized that an electric generator would create significantly less 10-06-97 - 24. noise than the diesel generator being used; however, he noted that there is no three-phase electricity in that area and the generator must constantly be moved. Commissioner Frost stated he feels there should be a limit on the duration of this type of noise, noting that its continuation can lead to lack of sleep and attendant problems. . Commissioner Youngman stated she feels people can be allowed to build reasonably, but they should not be able to negatively impact eight different neighborhoods in this manner. She then stated she would like to have staff research this issue. Mayor Stueck stated he has no problem with staff researching the issue. Recess - 5:55 c.m. Mayor Stueck declared a recess at 5:55 p.m., to reconvene at 7:00 p,m" for the purpose of conducting the scheduled pUblic hearings. Reconvene - 7:00 D.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the . scheduled public hearings, Public hearina - Deviation from Section 18.65.070.A. 1 .. Bozeman MuniciDal Code - Buraer King - allow sign to exceed 13-foot height limitation bv 20 Dereent on Tracts C and D. Minor Subdivision No. 19 (1922 West Main Street) (Z-9796) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviation from Section 18.65.070.A.1. of the Bozeman Municipal Code, as requested by Burger King under Application No. Z-9796, to allow a sign on Tracts C and 0, Minor Subdivision No. 19, to exceed the 13-foot height limitation by 20 percent. The subject property is more commonly located at 1922 West Main Street. Mayor Stueck opened the public hearing. . Assistant Planning Director Debbie Arkell presented the staff report. She reminded the Commissioners that they previously considered and approved several deviations to allow the construction of a new playland on this site, allow a sign 20 percent larger than allowed under the code, and allow the total signage on the site to exceed the maximum provided under the code. She noted that at that time, the applicant also requested a deviation to allow the freestanding sign to exceed the 13-foot height limitation by up to 20 percent, to a maximum 10-06-97 --.. .-----. - 25 - of 15.6 feet high. That deviation was not processed with the original application, however, because staff inadvertently failed to include it in the advertisement for the public hearing. The Assistant Planning Director briefly highlighted the staff report, a copy of which was included in the Commissioners' packets. She noted that the Design Review Board has reviewed . the application in light of the criteria set forth in the zone code and concurred in staff's recommendation for approval. She reminded the Commission that, with the 6-foot by 6-foot sign previously approved and the minimum a-foot clearance required under the code, the sign must be at least 14 feet tall. She noted that approval of the 20-percent deviation will provide some flexibility in the construction of the sign. Mr. Glenn Oakes, applicant, reminded the Commission that under this application, the existing large sign is to be replaced with a much smaller sign, and the site is to be significantly improved. He then encouraged Commission approval of this application. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that . the Commission approve the Certificate of Appropriateness with deviation from Section 18.65.070.A.1. ofthe Bozeman Municipal Code, as requested by Burger King under Application No. Z-9796, to allow a sign on Tracts C and 0, Minor Subdivision No. 19, to exceed the 13- foot height limitation by 20 percent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - Variance from Section 18.50.030.D. of the Bozeman MuniciDal Code - Ed McCrone. The Mill. ltd. - to allow installation of on-site seDtic tank and drainfield on CQS No. 1877 (C-9721) This was the time and place set for the public hearing on a variance from Section . 18.50.030.0. of the Bozeman Municipal Code, as requested by Ed McCrone of The Mill, under Application No. C-9721, to allow the installation of an on-site septic tank and drainfield on cas No. 1877. The subject property is more commonly located at the intersection of Story Mill Road and Hillside Lane and is known as 2150 Story Mill Road. Mayor Stueck opened the public hearing. 10-06-97 . -- .- _.___ _. . _....u._ _____ ..---.- _____u_ _.___ .._....___.__.____. . .--.. - ----- - 26 - Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this request, the applicant wishes to install an on-site septic tank and drainfield within city limits. She noted that the zone code requires all building lots within city limits to be connected to a central sanitary sewer collection system. She stated that the subject property . was annexed on May 1, 1995 and, that same month, the entire site was listed on the National Register of Historic Places. The Assistant Planning Director stated that the existing residence is connected to a septic system which was permitted by the County Health Department, and another existing septic system serves what was previously the mill. She noted that one of the grain storage buildings has been converted to a warehouse under a temporary use permit; however, no sanitary sewer facilities have been provided to that building to date. Under, this application, a third septic system is proposed, in a location yet to be selected. The Assistant Planning Director stated that the nearest City sanitary sewer main is located in Bridger Drive, approximately 1,600 feet from the subject property. She indicated that in the annexation agreement, it was noted City water service was available to the site but . that sewer service was not and would need to be extended prior to any future improvements or development of the property. Assistant Planning Director Arkell noted there is a sink hole on the subject property near Story Mill Road. She stated the applicant has put some fill in that hole, but additional fill is needed. She also indicated that, because of concerns about the structural integrity of the grain storage building, it should be carefully reviewed to ensure that any proposed re-use is appropriate. The Assistant Planning Director stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court and contained in the Bozeman Municipal Code, and the comprehensive staff findings are contained in the written staff report, . which has been submitted to the Commission. She briefly highlighted those findings and then forwarded staff's conclusion that it is unable to support the requested variance. She stated, however, that if the Commission chooses to grant the variance, staff has forwarded nine recommended conditions to be attached to that approval. Mr. Ed McCrone, applicant, stated that he initially viewed this application for variance as a simple request to preserve an historic site and contribute to the economic health of 10-06-97 - 27 - Bozeman. He stated that, in' light of the staff report, however, he feels some background and I history of the site is essential. He stated the brick house and an existing brick building on the site were constructed in 1882. He noted that one of the buildings originally constructed on the site burned to the ground and, around the turn of the century, it was rebuilt with a sprinkler . system and "fire hoses everywhere". He stated that the flour mill on this site was active until the early 1980s, when it was closed. He noted that in the late 1980s, the site was used for grain storage and a pet store and, at that time, most of the systems in the building were upgraded. Mr. McCrone stated the old metal grain storage building is 47 feet high and contains 14,500 square feet. He characterized it as not being the typical metal building, but includes post and beam construction. He noted that the building was constructed about 1950, and the electrical, lighting and power were installed in the 1980s, with upgrades to three-phase power in 1994. Mr. McCrone stated it has been his intent, since acquiring the property in 1993, to redevelop the site into a mini-center. He noted that, in undertaking this effort, he has . cooperated with the City, County and neighbors. He characterized this as a very transitional area, as evidenced by the single-family residential neighborhood to the east and the stockyard and mobile home park to the west. Mr. McCrone stated that under this request, a high-capacity septic system, adequate to serve the existing building and any new ones he might relocate to or construct on the site, is to be installed. He indicated that he has been negotiating with the owner of The Red Barn, which currently houses New World Antiques, about the possibility of relocating that structure from its West Main Street location to The Mill site, to save it and place it in a compatible environment. He noted that the site contains 14.6 acres, so there is plenty of room to accommodate additional structures and an on-site wastewater treatment system. . Mr. McCrone noted that several properties in the area are, served by on-site septic systems, including the stockyards, the mobile home park and the blacksmith shop. He characterized approval of this request as being in the public interest, particularly since it would allow for enhancement of the tax base in the community and continued historic preservation. He noted that the existing City sewer main is approximately 1/3 mile from the site, and the extension of a line from that main to serve the property would create an unnecessary financial 10-06-97 - 28 - hardship. He also characterized the situation as unique, noting that while development and the infrastructure have grown up around this area, the services have not been extended into the area because of the on~site septic systems. Mr. McCrone stated that the recycling business has been located in the subject building . since the fall of 1994, and the employees of that business have used the on-site sanitary facilities in Building A. He noted that in June, he began negotiations with the business for a three~year lease, since they had just obtained the Headwaters Recycling contract. He stated that the business requested certain upgrades to the building, including a loading dock, windows and a skylight. On August 19, he applied for a special temporary use permit to allow the business to continue at this location and, to date, he has received no response from the Planning Department. He noted that Gallatin Recycling has now signed a lease for a building in the industrial park in Belgrade and will be relocating its operation. He characterized this as being unfortunate not only for The Mill, but for Bozeman. Mr. Ed McCrone stated that, on the advice of legal counsel, he is seeking the variance to allow installation of an on-site septic system, not only for the existing building but for any . future development on the site. He recognized that a variance is not be needed if only the existing building were to be placed on the system, but is needed for any additional buildings. He then noted that when he signed the annexation agreement, he anticipated constructing new buildings on the site, including condominiums, to help finance redevelopment of the older buildings on the site. Mr. McCrone recognized that the sink hole exists at the edge of his property, noting that he has also been concerned about it for approximately three years. He stated that it results from a leak in the City's water main, and he is the one who notified the City about it. He recognized that the problem needs to be addressed, but he questions if it should be attached to this variance. He then concluded by encouraging approval of this requested variance. . Responding to Commissioner Rudberg, the Assistant Planning Director stated that the code requires any new building sites created inside city limits, except those in "AS" or "RS" zoning districts, to be connected to central water and sewer systems prior to issuance of a building permit. She stated that requirement has been interpreted administratively as applying to new systems serving existing buildings as well. 1 O~O6-97 - 29 - Responding to additional Questions from Commissioner Rudberg, Mr. McCrone stated that he agreed to annex the subject property because he found that the property was zoned "AS" and "RS" and, to redevelop it in the manner which he had originally proposed, annexation was essential. He then stated that, in retrospect, rather than the "BP" zoning he sought and . obtained, a "B-2" or "M-1" zoning would have been more appropriate. Commissioner Rudberg asked the City Attorney for a response on whether the code is being correctly interpreted. She also asked for additional information from staff regarding the sink hole. Mayor Stueck asked if, under the language forwarded by the Assistant Planning Director, all "AS" and "RS" zoned land within city limits could be developed with on-site septic systems rather than being required to connect to City sewer. In light of the Questions and issues raised, it was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission continue the public hearing to the November 3 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner . Youngman and Mayor Stueck; those voting No, none. Public hearina - Variances from Sections 18.16.070.A.1 and 18.65.65.040. Bozeman Municical Code - Joe Billion for JC Billion - allow three freestanding sians on lot line: allow two freestanding signs on a sinale lot: allow three 39-sauare-foot freestanding signs and allow incidental signs in the public right-of-wav - Lots 1 and 2A. Block 8. West Park Manor First Addition (1919 West Main Street) (C-9719) This was the time and place set for the public hearing on variances from Sections 18.16.070.A.1 and 18.65.65.040 of the Bozeman Municipal Code, as requested by Joe Billion for J.C. Billion, under Application No. C-9719, to allow three freestanding signs on the lot line; to allow two freestanding signs on a single lot; to allow three 39-sQuare-foot freestanding signs and to allow incidental signs in the public right-of-way, on Lots 1 and 2A, Block 8, West Park . Manor First Addition. The subject property is more commonly located at 1919 West Main Street. Mayor Stueck opened the public hearing. Project Planner Christopher Williams presented the staff report. He stated that the requested variances are being sought in conjunction with a redesign of the sign package for this property. He noted that the applicant proposes to remove six non-conforming freestanding 10-06-97 - 30 - signs and one non~permitted wall sign on Lot 1 and one freestanding sign on Lot 2A, and install two 39-square-foot freestanding signs, three wall-mounted signs and two incidental signs on Lot 1 and one 39~square-foot freestanding sign, one wall-mounted sign and one incidental sign on Lot 2A. In conjunction with this proposed signage package, the applicant is requesting the . following variances: 1. From Section 18.16.070.A.1., to allow three freestanding signs to encroach 15 feet into the required 15-foot setback; 2. From Section 18.16.070.A.1., to allow two freestanding signs on a single zoned lot; 3. From Section 18.16.070.A.1, to allow three freestanding signs to exceed the 32-square-foot size limitation by 7 square feet; and 4. From Section 18.65.040, to allow incidental signs to be erected in the public right-of-way. The Project Planner stated that staff has reviewed these four variances in light of the criteria established by the Montana Supreme Court and set forth in the Bozeman Municipal Code, and the staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings. . Project Planner Williams forwarded staff's findings that it can support Variance Nos. 1, 2 and 3, subject to four conditions. He noted that, in addition, four code requirements must also be met. Staff is unable to support the fourth variance, however, since the Montana Department of Transportation does not allow encroachment into its public right-of-way. Mr. Jerry Gaston, consulting engineer representing the applicant, stated that he generally concurs with the staff report. He noted, however, that he does not agree with Condition No. 3 as recommended, under which the freestanding sign on North 19th Avenue would be located 100 feet north of the corner of Lot 1. He reminded the Commission of the long lot frontage on North 19th Avenue and the importance of ensuring that the two freestanding signs are as visible as possible from both West Main Street and North 19th Avenue. He noted that a . number of signs identifying the inventory on the site are being removed, and care must be taken to ensure that this does not negatively impact the business. He stated that setting the signs along the property lines at a point 50 feet from the intersection seems to provide the best visibility for motorists. Responding to Commissioner Frost, Mr. Gaston stated that the signs are to be erected perpendicular to the streets. 10-06-97 - -------.-------.--. .----- . - ~ - 31 - Commissioner Frost recognized the applicant's interest in obtaining as much sign visibility as possible. He suggested, however, that locating the sign on North 19th Avenue more than 50 feet from the lot line may, in fact, result in visibility for a greater distance to motorists on West Main Street. He then suggested that, rather than revising Condition No.3 . to provide for the sign to be located 50 feet from the lot line, it should be revised to provide a range in which the sign can be erected. Mr. Joe Billion stated that one of the big problems he encountered with General Motors was obtaining permission to place the sign on the North 19th Avenue frontage rather than the West Main Street frontage. He noted that he has been able to convince them that placing the sign 50 feet from the West Main Street frontage would provide adequate visibility, and he is not sure he can convince them that 100 feet is also acceptable. He then suggested that if Condition No.3 is revised to;state "... a minimum of 50 feet ...", it would provide the flexibility being proposed by Commissioner Frost. Mr. Gaston recognized that the requested variance to allow the incidental signs to be installed in the public right-of-way cannot be approved under the Montana Department of . Transportation regulations. No one was present to speak in opposition to the requested variances. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the variances from Section 18.1.6.070.A.1 of the Bozeman Municipal Code, as requested by Joe Billion for J.C. Billion, under Application No. C-9719, to allow three freestanding signs to be erected on the lot line; to allow two freestanding signs on a single lot; and to allow three 39- square-foot freestanding signs on Lots 1 and 2A, Block 8, West Park Manor First Addition, be approved, subject to the following conditions: 1. Landscaping requirements for street frontages, as established by the Bozeman Municipal Code, shall be met; . 2. Wheelstops shall be provided between the pavement and landscaped yard areas fronting on North 19th Avenue and West Main Street; 3. The "GM" freestanding sign shall be located a minimum of 50 feet north of the southeastern corner of Lot 1; and 4. No support column shall be greater than one-half the width of any freestanding sign. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 1 0-06-97 - 32 - Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3201 - intent to vacate 30-foot-wide service drive riaht-of-wav adiacent to Lots 9-14. Block 1. Roval Vista Subdivision (Darallel and adiacent to . North 7th Avenue between West Oak Street and West Birch Street) - The Bozeman Inn Condominium. 1235 North 7th Avenue This was the time and place set for the public hearing on Commission Resolution No. 3201, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3201 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO V ACA TE AN D ABANDON THAT 30-FOOT -WIDE SERVICE DRIVE RIGHT -OF-W A Y ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1, ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE NORTH RIGHT-OF-WAY LINE OF WEST BIRCH STREET IN THE CITY OF BOZEMAN, MONTANA. Mayor Stueck opened the public hearing. Previously distributed to the Commission was a staff report recommending approval of . the requested vacation, subject to two conditions, requiring easements for a sidewalk along North 7th Avenue and easements for signal controls and other utilities. No one was present to speak in support of or in opposition to the requested vacation of the service drive adjacent to The Bozeman Inn. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back an ordinance vacating a 30-foot-wide service drive right-of-way adjacent to Lots 9-14, Block 1, Royal Vista Subdivision (parallel and adjacent to North 7th Avenue between West Oak Street and West Birch Street), as requested by The Bozeman Inn Condominium, upon the applicant's satisfaction of the recommended conditions. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 10-06-97 - 33 - Public hearing - Commission Resolution No. 3202 - intent to vacate GO-foot-wide right-of-wav for East Aseen Street from the west right-of-wav line of North Wallace Avenue west a distance of aeeroximatelv 200 feet This was the time and place set for a public hearing on Commission Resolution No. 3202, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3202 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 THAT GO-fOOT-WIDE BY APPROXIMATELY 200- FOOT -LONG PORTION Of EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 1G, BLOCK 108, AND LOTS 17 THROUGH 24, BLOCK 109, NORTHERN PACifiC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE WEST RIGHT-OF-WAY LINE Of NORTH WALLACE AVENUE AND THE PORTION OF EAST ASPEN STREET RIGHT-Of-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. Mayor Stueck opened the public hearing. Previously distributed to the Commission was a staff report recommending approval of the requested vacation, subject to two conditions, requiring an access and utility easement and a plat restriction to ensure that the parcel immediately to the west does not become landlocked. Mr. Jon Gerster, 719 North Wallace Avenue, stated he is one of the owners of the . Lehrkind Mansion, which is located on the south side of the subject street. He noted that the house was built in 1898 by Julius Lehrkind, who "installed the fence where he wanted the property line to be". He stated that when they purchased this property, however, a review of the subject property revealed that the carriage house, while it corresponds with the location of the fence, was actually built 15 feet into the East Aspen Street right-of-way. Mr. Gerster reminded the Commission that the Haynes Building, which abuts the north side of the street right-of-way, is currently owned by John Tengleson, owner of Lattice Materials, who also owns the parcel immediately to the west and operates Lattice Materials. He noted that the steps of that building actually encroach into the right-of-way on that side of the street. . Mr. Gerster noted that they had initially sought vacation of 20-foot-wide strips on each side of the street, leaving the 20-foot-wide strip in the center as a public right-of-way, which would allow access to the utilities in the roadway. He stated, however, that City staff was concerned about that proposal since they are unsure about the exact location of all utilities in that roadway. The result is a proposed vacation of the entire right-of-way, with a utility easement to be granted, and that is acceptable to both property owners. He further indicated 10-06-97 -- ---~. - 34- that they are agreeable to a requirement that access be provided to the parcel immediately to the west, particularly if its ownership changes, to ensure that it does not become a landlocked lot. Mr. Jon Gerster noted that approving the requested street right-of-way vacation will . alleviate the existing encroachments on both sides. He also noted that it will allow for additional landscaping, particularly for the Haynes Building, thus improving the appearance of the site. He then forwarded his interest in possibly installing a brick street, with historic lighting, to improve the historic character of both sites. Mr. Gerster stated that the requested street vacation will allow them to refinance the Lehrkind Mansion, noting that with the carriage house actually located in the public right-of- way, some lending institutions are hesitant to provide financing. No one was present to speak in opposition to the requested street vacation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission postpone its decision on this requested street vacation for a period of two . weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - Commission Resolution No. 3203 -Ievving and assessina aarbaae assessments for Fiscal Year 1998 This was the time and place set for the public hearing on Commission Resolution No. 3203, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS . PROVISIONALl Y EXEMPTED, TO DEFRA Y THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stueck opened the public hearing. City Manager Johnson requested that the words "per dumpster" be deleted in Section 4, to make it consistent with the provisions of the other sections of the resolution. 10-06-97 - 35 - No one was present to speak in support of or in opposition to final adoption of this resolution. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. , It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission finally adopt Commission Resolution No. 3203, as amended to delete the words "per dumpster" in Section 4, levying and assessing garbage assessments for Fiscal Year 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearina ~ Commission Resolution No. 3204 - levying and assessing liahtina district assessments for Fiscal Year 1998 This was the time and place set for the public hearing on Commission Resolution No. 3204, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3204 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN, Mayor Stueck opened the public hearing. No one was present to speak in support of or in opposition to final adoption of this resolution. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 3204, levying and assessing lighting district assessments for Fiscal Year 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner . Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3205 - levving and assessing delinauent aarbaae assessments for Fiscal Year 1997 This was the time and place set for the public hearing on Commission Resolution No. 3205, as approved by the City Attorney, entitled: 10-06-97 - 36 - COMMISSION RESOLUTION NO. 3205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. . Mayor Stueck opened the public hearing. No one was present to speak in support of or in opposition to final adoption of this resolution. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Commission Resolution No. 3205, levying and assessing delinquent garbage assessments for Fiscal Year 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3206 - levving and assessing delinauent sewer . charaes for Fiscal Year 1997 This was the time and place set for the public hearing on Commission Resolution No. 3206, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3206 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13- 4309, MONTANA CODE ANNOTATED. Mayor Stueck opened the public hearing. No one was present to speak in support of or in opposition to final adoption of this resolution. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission finally adopt Commission Resolution No. 3206, levying and assessing delinquent sewer charges for Fiscal Year 1997. The motion carried by the following Aye and 10-06-97 .-. - 37 - No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearinq - Commission Resolution No. 3207 - levying and assessing delinauent weed mowinq charqes for Fiscal Year 1997 . This was the time and place set for the public hearing on Commission Resolution No. 3207, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3207 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. Mayor Stueck opened the public hearing. No one was present to speak in support of or in opposition to final adoption of this resolution. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the ; Commission finally adopt Commission Resolution No. 3207, levying and assessing delinquent weed mowing charges for Fiscal Year 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3208 - levying and assessing delinauent sidewalk repair charges for Fiscal Year 1997 This was the time and place set for the public hearing on Commission Resolution No. 3208, as approved by the C,ity Attorney, entitled: ! . COMMISSION RESOLUTION NO. 3208 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYIN~ AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-14-4110, MONTANA CODE ANNOTATED AND CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Mayor Stueck opened the public hearing. 10-06-97 - 38 - Ms. Nancy Procter, former owner of 404 West Curtiss Street, stated her objection to being assessed for sidewalk, repairs. She noted that in 1995, she and her husband became park rangers and, as a result, rented out their house from May 1995 to September 1996. She stated that at that time, they submitted a change of address to have their City utility bill sent . to the new address and were informed that it could not be changed. As a result, their mail continued to go to their house, and the renters then forwarded it to them. Ms. Procter stated that they never received notice to repair the sidewalk adjacent to their property; and she came back to Bozeman to find it had been torn up and was being replaced. She began working as a temporary employee at the City Shops and asked about who was doing the repairs, only to learn that the City had contracted the work and that she would be required to pay the costs. She expressed frustration that she has been unable to receive any satisfaction in her conversations with City employees in various departments. She stated that the options she was given included paying the bill, taking the City to court, and appealing the assessment at this hearing. Ms. Procter forwarded her interest in getting this issue resolved, noting that they sold . the house on May 29, and the new owner is now selling the house again. She asked that, since she never received notice to repair the sidewalk, the City not require her to pay the $535.54 assessment. She asked that if the Commission does not waive the assessment, the City enact a notice procedure that ensures the property owners receive the notice. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Mayor Stueck, Assistant City Manager Brey stated that the City follows statutory requirements for providing notice to property owners, but does not exceed those requirements. Commissioner Rudbe,rg asked that staff look at possible options to ensure that the property owners are clearly notified that the sidewalks are to be repaired. She recognized that . people will not always respond to the notification, but she feels it is imperative that the City be able to show that they were notified. Mayor Stueck forwarded his interest in waiving the assessment against Ms. Procter's property. Commissioner Stiff stated that, while he feels bad that Ms. Procter did not receive notification, he cannot support waiving the assessment. 10-06-97 - 39 - It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 3208, levying and assessing delinquent sidewalk repair charges for Fiscal Year 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner . Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Discussion (continued) - FYI Items (11 ) The City Manager reminded the Commissioners that they scheduled a special meeting for next week to consider possible approval of the draft annexation agreement for the Valley West Annexation. He noted that Assistant Planning Director Arkell has assured him she will have a revised agreement for the Commissioners to consider. (12) Commissioner Stiff suggested that, prior to making a decision on whether to use general obligation bond monies to improve Durston Road, one should "get behind a front end loader for seven blocks". (13) Commissioner Rudberg expressed concern that it appears from the minutes of the . Recreation and Park Advisory Board meeting they are directing staff to prepare an amendment to existing regulations. (14) Assistant City Manager Brey noted that, several weeks in a row, similar issues have arisen with the continuing theme that the City does not enforce its ordinances. He encouraged the Commissioners to recognize that the City does enforce its ordinances whenever possible and does respond to complaints filed. He noted that staff does not always know when a violation exists, unless someone brings it to their attention. Adiournment - 8:20 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 Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 10-06-97 - 40 - ( ~t71-? C../) ~ 6__~ DON E. STUECK, Mayor ATTEST: . -'-'"""'-..- "'. . GJ~Ji:2~~, ROBIN L. SULLlV A~' Clerk of the C(fmmlss1on - - - --- . . 10-06-97