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HomeMy WebLinkAbout1996-05-20 Minutes, City Commission --.... ----.----.- . - ...- .--.-. -- -. --..-- ------ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 20, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 20, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki and City Attorney/Acting Clerk of the Commission Luwe. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stueck asked if any of the Consent Items are to be removed for discussion. City Manager Wysocki requested that the third quarter budget review be removed from the Consent Items for discussion. Minutes - Aoril 15, ADril 22. Mav 6 and Mav 1.3. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meetings of April15 and April 22 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. Mayor Stueck deferred action on the minutes of the meetings of November 20 and December 4, 1995, and May 6 and May 13, 1996, to a later date. Ordinance No. 1421 - settina Commissioners' salaries, effective Julv 1. 1996 Previously distributed to the Commissioners were copies of Ordinance No. 1421, as approved by the City Attorney, entitled: . ORDINANCE NO. 1421 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1387, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONT ANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1421, setting the Commissioners' salaries, effective 05-20-96 - 2 ~ July 1, 1996. 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. . Ordinance No. 1422 - Zone Map Amendment - "R-3" and "R-4" to "R-MH" on 20.0 acres known as Tract 1 and Tract 5. Barrick Annexation. in the E%. NE~. SW~. Section 11. T2S, R5E. MPM (south side of 2700 and 2800 blocks of West Babcock Street) (Gene Cook et al.) Included in the Commissioners' packets were copies of Ordinance No. 1422, as approved by the City Attorney, entitled: ORDINANCE NO. 1422 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-3" (RESI DENTIAl--M EDI U M-DEN SITY) AND "R-4" (RESIDENTIAl--HIGH- DENSITY) TO "R-MH" (RESIDENTIAl--SINGlE-FAMll Y MOBilE HOME) ON 20.0 ACRES lOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. City Manager Wysocki reminded the Commissioners that they had conducted the . public hearing on this item at the May 6 meeting and recommended that the ordinance be provisionally adopted at this time. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission provisionally adopt Ordinance No. 1422, amending the zoning from "R-3" (Residential--Medium-density and "R-4" (Residential--High-density) to "R-MH" (Residential-- Single-family Mobile Home) on 20 acres located along the south side of the 2700 and 2800 blocks of West Babcock Street, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. . Ordinance No. 1423 - Zone Map Amendment - "PU" to "BP" on 18.293-acre Darcel located in Tract A-1-A-2, COS No. 1243C. in the NW~. Section 14. T2S. R5E. MPM (south of intersection of West College Street and West Main Street) (lowell SDrinaer for MSU Foundation) Included in the Commissioners' packets were copies of Ordinance No. 1423, as approved by the City Attorney, entitled: 05-20~96 ---... .....- -..-- - 3 - ORDINANCE NO. 1423 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "PLI" (PUBLIC LANDS AND INSTITUTIONS) TO "BP" (BUSINESS PARK) ON 18.293 ACRES LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONT ANA . PRINCIPAL MERIDIAN. City Manager Wysocki reminded the Commission that the public hearing on this item has been held and recommended that the ordinance be provisionally adopted at this time. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1423, amending the zoning from "PU" (Public Lands and Institutions) to "BP" (Business Park) on 18.293 acres located south of the intersection of West College Street and West Main Street, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Commission Resolution No. 3120 - orderina removal of barricade on North 20th Avenue Included in the Commissioners' packets was a copy of Commission Resolution No. 3120, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING REMOVAL OF THE LOCKABLE GATE ON NORTH 20TH AVENUE WHICH WAS INSTALLED TO PROVIDE TEMPORARY CLOSURE OF THE STREET TO THROUGH TRAFFIC. City Manager Wysocki noted that, also included in the Commissioners' packets, was a copy of a memo from Neighborhood Coordinator/Grantsperson James Goehrung to him, dated May 16, forwarding three questions which should be addressed prior to acting on this resolution. He stated the two issues to be addressed under this agenda item are whether the . barricade is to be removed and, if so, whether a four-way stop is to be installed at the intersection of North 20th Avenue and West Beall Street. Mrs. Lynn Husby, 403 North 20th Avenue, expressed concern about removal of the barricade without the installation of traffic calming devices. She reminded the Commission that a vast majority of the residents in that general area are supportive of traffic calming devices; 05~20-96 .-.----.-..-- - 4 - and a conversation with the Manager of Gibsons indicates that he is also supportive of that proposal. She read into the record a letter from him, in which he expressed concerns for the safety of residents as well as users of Kirk Park if the barricade is removed without traffic calming devices being installed first. He recognized that, while the barricade has been . inconvenient, it has eliminated the through traffic in the residential area. Mrs. Husby suggested there are two issues, one of those being the volume of through traffic on a neighborhood street and the fact that the neighborhood has come together in an effort to address the problem, and the other being the need to find the safest way to resolve the problem. She noted that traffic engineers have cautioned that four-way stops, by themselves, do not solve the problem; rather, it is a dangerous solution. She reminded the Commissioners of the neighborhood support for the traffic calming plan which has been forwarded to the Commission, and encouraged the Commission to carefully consider that plan when making its decision on this resolution. Mrs. Kathy Jupka, 315 North 20th Avenue, expressed her interest in retaining the residential integrity of the area. She noted that, with the traffic calming proposal, the residents . hoped to eliminate truck routes and commuter routes through the neighborhood, since North 19th Avenue has been completed. She asked that the City work with the neighborhood to create an acceptable traffic calming program, which she views as a long-term solution to the problem, rather than accepting a band-aid approach that won't actually solve the problem. Mr. Morey McGee, 318 North 20th Avenue, stated that when the barricade is removed, there will be "hundreds and hundreds" of cars using the street. just like before. He asked that the City be prepared to put something in the barricade's place, such as traffic calming devices or a traffic circle or a cul-de-sac. He cautioned that if no measures are taken to replace the barricade, the same problems will be encountered as before. He emphasized the importance of recognizing the efforts which the neighborhood has put forth to find an acceptable alternative solution to the barricade, and asked that the City not remove the . barricade until an alternative has been implemented. He cautioned that if no replacement is implemented prior to completion of the 160-unit apartment complex on Durston Road, the residents will use North 20th, 21 st and 22nd Avenues. Mr. Curt Tesmer, 511 North 20th Avenue, stated he does not feel the neighborhood group has been given due process regarding this issue. He feels the barricade should remain 05-20~96 - 5 - in place until a more cooperative approach can be taken to the matter and until an alternative method of addressing the traffic problems has been identified. He concluded by asking that the City work with the residents of the area to develop that alternative. Mr. Doug Hanson, 2501 Westridge Drive, stated he has been concerned about the . barricade since it has been installed. He recognized that with the widening and improvements to South Third Avenue, residents in that area will experience a significant increase in traffic through their residential neighborhood. He noted that, with the existing elementary school and the new junior high school, the traffic volume will continue to increase even more. He stated that, even though he would prefer not to encounter increased traffic, he feels it can be adequately addressed through better planning and development of through streets, and possibly more signing and more increased police patrols to ensure the speed limits are followed. He forwarded his support for removal of the barricade on North 20th Avenue, particularly since North 19th Avenue has now been completed to the interstate, noting that increased pOlice patrol could adequately address the problem. He forwarded his position that closing of streets is not the way to approach traffic problems. He suggested, rather, a more carefully planned . pattern of through streets to route traffic through the community would be more appropriate. Mr. Arthur Shellenberg, 313 North 20th Avenue, stated that the neighborhood is not asking that the barrier remain; rather, they are asking for traffic calming. He noted that the neighborhood has conducted several meetings, working together to develop the plan which they have submitted to the Commission. He asked that the barrier be retained until those traffic calming measures have been enacted. Mr. Jim Jupka, 315 North 20th Avenue, asked if there are alternative approaches to the problem, and what criteria will be used to determine if there is a need for something to be done. He noted that the problem is not limited to North 20th Avenue, rather, North 22nd Avenue also has a significant problem. He stated there is a police officer living on North 20th . Avenue, and he monitored it closely before the barricade was instalied. He recognized that a police officer cannot monitor the street 24 hours a day, or even during the busy times. Mr. Mark Story/ 325 North 22nd Avenue, expressed concern that the resolution under consideration only provides for removal of the barricade, and does not address the traffic calming proposals which have been forwarded by the neighborhood. He noted that the neighborhood spent a considerable amount of time and effort to develop those proposals; and 05-20-96 n__..______ -....-.-----.-- -.---- .---..-...-....... -- - 6 - he expressed concern that they are not being considered in conjunction with removal of the barricade. Mayor Stueck stated that the fact that the neighborhood came together to address the barricade and the traffic calming has been recognized by the Commission. He views the . traffic problems as a neighborhood issue rather than a North 20th Avenue issue; and the neighborhood meetings show that the residents share that view. He characterized the barricade as a band aid for North 20th Avenue only at this time, and it is increasing the traffic on North 21 st and North 22nd Avenues. The only way he can deal with this issue is to remove the barricade, normalize traffic patterns in the neighborhood and identify the problems. He noted that West Oak Street is to be extended from Rose Park to North 19th Avenue, and eventually North 7th Avenue. Also, additional development is planned along both sides of Durston Road, with additional roads being constructed. Once the neighborhood puzzle has been identified, then the Commission will deal with the neighborhood problems. He stated that, until the neighborhood problem has been identified, the Commission is unable to instruct the already over~worked staff to address problems on a single street. He suggested that all of the streets . from North 15th Avenue through North 23rd Avenue are a part of this neighborhood, noting that they all encounter the same problems because of the block lengths. Commissioner Frost stated that the Commission already recognizes the problems on the streets in that area which do not have a barricade. He noted that removal of the barricade may benefit those who wish to use North 20th Avenue, but it won't benefit the neighborhood. He recognized that a neighborhood needs protection from the City at times, and he feels this is one of those times. He expressed interest in hiring a consultant immediately to look at the proposals for traffic calming and prepare the necessary plans, if the Commission chooses to remove the barricade. Commissioner Frost noted that a few weeks ago, the Commission voted against the . striping of bike lanes on major streets because parking would be eliminated, and the suggestion was that bike lanes be located on residential streets. He suggested that, while typical residential streets are not safe for bicyclists, streets with traffic calming devices could be safe and considered for bike lanes. He recognized that traffic problems exist throughout the community; and efforts must be made to ensure traffic uses the streets designed for heavy 05-20-96 -. - - -- -.--------- - ---- -.---....-------.- --- .---. ------- - 7 ~ traffic. He indicated that he will support removal of the barricade if the installation of traffic calming devices is pursued immediately. Commissioner Youngman expressed her discomfort with the proposed resolution, noting the Commission was unable to review it in last week's work session. She noted that . the transportation plan update took into consideration all of the changes listed in the resolution and, even with those identified changes, the consultant, the pUblic involved in the process and the Commission all concluded that the situation on North 20th Avenue was extraordinary and that some type of traffic control was needed. She noted that the neighborhood has recognized the problem is not limited to North 20th Avenue and has worked to develop an alternative which will benefit the entire area without closing any streets. She suggested there is no benefit in waiting to implement corrective measures, since everyone recognizes the problems that exist and persist. She indicated a willingness to support taking down the barricade if the Commission committed to traffic calming at the same time. She stated that removal of the barricade and installation of a four-way stop is not an alternative to what is already in place or what was planned and could actually make the situation more dangerous. She characterized . this area as a good one in which to try traffic calming alternatives, to see if they might also work in other locations in the community. Commissioner Youngman forwarded her concern about moving forward with this resolution at this time, indicating there is a difference between timely action and haste. She recognized that it seems this process has taken a long time; however, she characterized this proposed action as being taken in haste because the Commission has not allowed the public process to work through the implementation process. Commissioner Rudberg stated that North 17th Avenue in front of her house is a long stretch of uninterrupted roadway. She noted that when North 20th Avenue first encountered its traffic problems, it was paved but North 19th Avenue was not. She stated that she has . received several letters regarding this issue, and quoted from one of those letters in opposition to barricades across streets. She forwarded her opposition to the idea of installing any type of traffic calming measures at the City's expense, noting that if it is done for one neighborhood, then others will make the same request and expect the same response. Sh e stated that if a neighborhood requests traffic calming devices and provides a method of financing, it is an entirely different issue. She stated it is time for the barricade to be removed, noting that its 05-20-96 - 8 - installation has raised more issues and problems than were probably anticipated. She recognized the importance of finding out what will happen to traffic patterns in the general area if this street is opened. Commissioner Stiff noted the City has the monies set aside to improve Durston Road . from North 19th Avenue to North 7th Avenue if the traffic counts warrant when anticipated street improvements are in place. He also noted that steps are being taken to improve West Babcock Street, so that it can accommodate the traffic loads. He indicated that in a conversation last week which included four past and present Mayors, a former Mayor made the statement that "streets are intended to move traffic". He noted the Commission must make a decision on what traffic to move and then a decision on traffic calming on a city-wide basis. He noted that one of the City's top goals for the upcoming fiscal year is to make the entire community safer; and that goal must be taken into consideration when making decisions. He stated he has talked to several of the City's department heads about this issue and, as a result of those discussions, feels the barricade must be removed. Mayor Stueck stated that, with the assumption that there will still be a problem on . North 20th Avenue, after the traffic patterns have been normalized, the Commission can address the issue. He emphasized that the Commission "is not forsaking the neighborhood" by removing the barricade. Commissioner Youngman suggested that the Commissioners respond to the three questions contained in Neighborhood Coordinator/Grantsperson Goehrung's memo, particularly the second question. Mayor Stueck stated that over the next three or four months, the neighborhood could undertake a petition drive or some other mechanism for starting the special improvement district process or other financing source for the traffic calming devices. He noted that this step could be taken while the traffic patterns are being normalized. He stressed the importance . of not stopping the process of addressing the problems once the barricade is removed. Commissioner Stiff stated the problem must first be identified before any action is taken. He cautioned that, since traffic patterns will continue to adjust until all of the roads in the immediate area have been completed or improved, it may be several months before the traffic patterns are established. 05-20-96 -..------. - 9 - Commissioner Frost noted that in his 6 ~ years on the Commission, two streets have been closed, South 7th Avenue on campus for the new engineering building and North 20th Avenue. He recognized there are city-wide problems, and they must be addressed individually. Commissioner Youngman stated that, if the Commission does not make a . commitment to traffic calming, she cannot support adoption of the resolution. She noted that, to date, the Commission has not received any public pressure to open the street recently. She recognized that many people signed the petition a couple of years ago to have the street reopened; however, she noted they have since signed the traffic calming petition recently received. Mayor Stueck emphasized that the Commission is making a commitment to the neighborhood for traffic calming once the entire problem has been identified. It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the Commission adopt Commission Resolution No. 3120, ordering removal of the barricade on North 20th Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being . Commissioner Frost and Commissioner Youngman. It was moved by Commissioner Frost that four-way stop signs not be installed at the intersection of North 20th Avenue and West Beall Street. The motion died for lack of a second. Commissioner Frost reminded the Commission that Director of Public Service Forbes has cautioned that there are not warrants for installation of a four-way stop on the intersection and that people will not stop for the signs. Commissioner Youngman suggested that the Commission ask the police to monitor this street as frequently as possible. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the four-way stop signs be installed at the intersection of North 20th Avenue and West Beall Street. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Rud berg, Commissioner Stiff, Commissioner You ng man and Mayor Stueck; those voting No being Commissioner Frost. Commissioner Youngman suggested that additional discussions on traffic calming be placed on a future work session agenda. She also expressed an interest in discussing the funding of traffic calming devices during the budget process. 05-20-96 -- ---- --- _n _..__.________._ - 10 - Break - 4:04 to 4:09 p.m. Mayor Stueck declared a break from 4:04 p.m. to 4:09 p.m. Proclamation - "Recoanizina Odyssey of the Mind team from Morning Star Elementary School" - May 26-31. 1996 . Mayor Stueck read the proclamation into the record. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission concur in the Mayor's proclamation. 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. Mayor Stueck called the members and coaches of the Odyssey of the Mind team forward, presenting a copy of the proclamation to team members Steven McVicker, Kalani Cowles, Kim Deriana, Rhys Stover, Beth Hanson, Daniel Luwe and Chris Traver, and co- coaches Jack Hanson and Patty Cowles. Mayor Stueck concluded his presentation of the proclamation by encouraging the . team to "go win!" Acknowledae receiPt of third auarter budget review: authorize Mavor to sign budaet amendments City Manager Wysocki reminded the Commissioners that this item had been removed from the Consent Items for discussion. Commissioner Stiff stated he feels it would be appropriate to have the budget reviews and associated budget amendments listed as a discussion item rather than having it included on the consent agenda. He noted that most of the questions which resulted from his conversations with Commissioner Rudberg pertain to debt service, capital projects and enterprise funds. . At Mayor Stueck's request, Administrative Services Director Miral Gamradt reviewed the status of the $250,000 budgeted for the Swim Center. He stated that since the Commission decided not to proceed with the project, the appropriation authority will be deleted and the revenues will not be realized. He noted that if the Commission subsequently decides to do the improvements, which will not happen before the end of the fiscal year, it will be 05~20-96 - 11 - accommodated in the next fiscal year. He stressed the importance of deleting the monies from the budget unit, so that they cannot be spent for something else. Responding to Commissioner Stiff, the Administrative Services Director stated that this will not increase the revenues at the end of the year because the project was to be funded . through an INTERCAP loan. Responding to Mayor Stueck, the City Manager stated that the opening of bids for renovation of the City Hall Annex is scheduled for next week; and it includes the base bid plus four alternates. He noted that once the bids are opened, staff will forward a recommendation on the remodeling work to be completed. Commissioner Rudberg noted that the third quarter budget review and attendant budget amendments might suggest to the public that more monies are being spent, even though the City may be reimbursed or the figures simply reflect a transfer of monies from one fund to another. The Administrative Services Director recognized that governmental accounting can be extremely confusing; however, the City must follow those rules in reporting revenues and . expenditures. Commissioner Rudberg stressed the importance of the Commission assuring the pUblic that these amendments do not reflect an increase in monies being spent. She noted that expenditures are at an appropriate level for this time in the fiscal year, based on the original appropriations; and she feels it is important for the public to be aware of that. She stated that after the last budget review, she received several telephone calls because of the newspaper article, which did not accurately portray the City's financial picture. City Manager Wysocki noted that at the beginning of the fiscal year, staff projected the Wastewater Fund would encounter a deficit position of $400,000 and the end of the fiscal year. Due to additional legal costs, that projection is being increased by $100,000. Responding to Commissioner Stiff, the Administrative Services Director stated that . during the fiscal year, several special improvement districts have been created and assessed; and they involve the City's participation. He noted that since those costs could not be anticipated during the budgeting process, they are routinely addressed through the budget amendment process. 05-20~96 -.--..--..-- ------ - 12 - Responding to Mayor Stueck, the Director stated that in each of the last two years, the Commission has appropriated $100,000 into a Community Housing Fund. He noted that no monies were expended the first year, so there was $200,000 in the fund with only $100,000 being appropriated. He noted that since more monies were expended than . appropriated, the necessary adjustments must be made. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission acknowledge receipt of the third quarter budget review, and authorize and direct the Mayor to sign the attendant budget amendments. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . ( 11 Letter from the Bozeman Tree Advisory Board, dated May 15, requesting monies be included in the budget for planting of two trees at City Hall, development of a master street tree plan and publication of informational materials. (21 Letter from the Gallatin Valley Land Trust, dated May 13, regarding Story Mill railroad spur line. (31 Letter regarding the "Gallatin Valley Tomorrow" program. (41 Minutes for the Community Affordable Housing Advisory Board meeting held on March 19. (51 Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 21, in the Commission Room. . 161 Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 21, in the Commission Room. (71 Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 21, at the Courthouse. (81 The City Manager submitted his weekly report, as follows. (11 Announced that Director of Public Service Forbes is attending the quarterly meeting for the Department of 05-20-96 -.------.. -- -------.------- -..--- - 13 - Environmental Quality today. (2) Stated that additional signs have been posted to inform the public of the changes in traffic patterns on East Babcock Street, South Wallace Avenue and South Rouse Avenue. (3) Stated that City crews are preparing the cemetery for Memorial Day. (4) Stated that City crews are undertaking a comprehensive street sweeping program as . weather permits. (5) Stated that staff went through a comprehensive testing program for Fire captains and the Chief Building Official positions last week. (6) Announced that the 9-1-1 Communications Board held a special meeting last week to look at possible sources of funding for new equipment. He noted that new equipment is needed to address some problems in the existing center; and it is anticipated that purchase of that equipment will occur in September or October. (7) Stated he will be out of the office for the remainder of the week. (9) Commissioner Frost stated that he attended last week's meeting of the Downtown Bozeman Improvement District Board, at which the budget for the upcoming year was discussed. (10) Commissioner Youngman submitted the following. (1) Attended the Library Board of Trustees meeting last week. She noted a lot of public presentations are being made . for the mill levy and educational information is being distributed by all of the libraries in the County. (2) Announced that another meeting on casinos is scheduled for this week. She is serving on a sub-committee that is addressing State liquor license issues. (3) Attended the Community Affordable Housing Advisory Board meeting last week. She stated that, with the recent changes in the housing market, they will be reviewing the priorities for expenditure of the funds, and forward their recommendations to the Commission during a work session. (4) Attended the initial meeting regarding watershed education, which was attended by a broad- based group of people. She noted that this approach is being used in other areas of the State, where controversies about water have risen; and it has seemed to work well. She expressed her desire to have other Commissioners and City staff involved in future meetings. (11) Commissioner Rudberg submitted the following. (1) Attended several . meetings last week, including a couple of Chamber of Commerce activities, the Development Review Committee and the Design Review Board. (2) Wrote an article for the focus group and task force for financing of infrastructure. (3) Announced that she will not be able to attend the meeting on casinos on Thursday evening. She indicated her support for the efforts which others have made to address the issues; however, she stressed the importance of remembering 05-20-96 ----- .---. --------------. ------..-.-- - 14 - that the Commission is limited on what it can do. (4) Asked if the report from Assistant Planner Christopher Williams regarding accessory structures will be on a future agenda for discussion. (12) Commissioner Rudberg noted that the Commission had initially planned to . meet with some of its boards and commissions on May 28; however, that has been deferred. She noted that at that time, the Commissioners determined they would meet with the boards during an evening session in June and asked if that is still planned. She suggested that if it is to be done, the boards need to receive written notice as soon as possible. The City Manager suggested that the meeting be set for the evening of June 24. The Commission directed the Clerk of the Commission to send out letters to the boards and commissions involved as soon as possible. Commissioner Youngman stated she will not be present at the June 24 meeting. Commissioner Stiff stated he also has a conflict, so he will be unable to attend the meeting. (13) Commissioner Stiff submitted the following. (1) Attended a combined . meeting at the Senior Center last week. He noted another meeting is scheduled tomorrow, since they are working on the expansion of the Senior Center. (2) Noted that the head trauma unit initially planned on the Bozeman Interfaith II site cannot be constructed there because more space is needed, so the entire parcel is to be used for affordable housing. (3) Attended the infrastructure task force meeting at noon, noting it was informative. (14) Commissioner Stiff noted the Commission has received a memo from the Recreation and Parks Advisory Board regarding the Swim Center. He stated that the minutes from the May 2 meeting do not reference the memo or discussion of the issue. Mayor Stueck stated the memo was generated by the sub-committee, as a result of last month's Board meeting. (15) City Attorney Luwe announced that he will be out of town next week, to . attend the Odyssey of the Mind competition in Ames, Iowa. (16) Mayor Stueck submitted the following. (1) Assisted with the Rock-a-thon at Wal-Mart during the weekend. (2) Spoke at the opening of the Norwest Bank's "Olympic 2000" immediately after the Interagency Breakfast. (3) Attended the task force meeting today. (4) Welcomed the Retired Federal Employees. (4) Stated the Gallatin Valley Tomorrow is 05-20-96 .-- ----.-- _....__.__...__ n .... __.__.. - 15 - requesting $2,500 in matching monies from the City. (51 Attended the TCC meeting several weeks ago. He noted that converting North 19th Avenue between Durston Road and West Main Street to a four-lane format was discussed. (171 Mayor Stueck noted that former Mayor Ken Weaver talked to him about not . giving enough credence to the one-week waiting period on land use decisions and suggested that the Commission should possibly eliminate the waiting period and allow a Commissioner to request a delay or, as an alternative, the Commission could vote on waiving the waiting period. City Attorney Luwe stated that most communities do not have a waiting period. He indicated a willingness to forward revised language for Commission consideration, if they wish. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize City Manaaer to sian - Amendment No.2 to Professional Services Agreement - improvements to South Third Avenue between Kagy Boulevard and Graf Street - Gaston Engineerina and Surveying . Authorize City Manaaer to sign - Trail Corridor Easement with Bozeman Deaconess Foundation - 20-foot-wide easement alona north end of Blocks 18 and 19. New Hyalite View Subdivision Authorize City Manaaer to sian - Release and Reconveyance of Easements - to Philip Saccoccia. Jr. . 65-foot-wide easement across Tracts 1A1 and 1A2, cas No. 1215B. and Tract 1B. cas 1215A. and east 25 feet of 50.foot-wide easements across Tracts 4A and 1 B. cas No. 1215A and Tract 1A2. cas No. 1215B (southeast corner of Baxter Lane and North 19th Avenue) Authorize City Manaaer to sian - Professional Services Aareement with Thomas. Dean and Hoskins. Inc. - 1996 Sewer Rehabilitation Proiect Appoint Commissioner Frost as Commissioner Liaison to the Downtown Bozeman Improvement District Board (lDB) Ratify City Manager's signature - Agreement with Public Defender for period May 6 through December 31. 1996 - Carolyn S. Parker . Application for temporary Beer and Wine License - The Mill. Ltd. - special event at 2150 Story Mill Road - May 10. 1996 Commission Resolution No. 3119 - intent to adoPt Master Plan Amendment to establish initial land use designation of "Urban Residentiallnfill" on E%. SE~. Section 3. T2S. R5E. MPM (19.957 acres located alona north side of Durston Road at Meagher Avenue extended) 05-20-96 -----------..-... - __...u______ ....._....._ - 16 - COMMISSION RESOLUTION NO. 3119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN AREA MASTER PLAN UPDATE BY ESTABLISHING AN INITIAL LAND USE DESIGNATION OF "URBAN RESIDENTIAL INFILL" ON 19.957 ACRES KNOWN AS THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION . 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONT ANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. Authorize City Manaaer to sian - Manaaement Agreement with Bozeman Senior Center for the Bozeman Senior Citizen Center. 807 North Tracy Avenue - for Deriod July 1. 1996 throuah June 30. 1998 Authorize City Manager to sign - Addendum No.2 to Standard Architect Aareement - PLACE Architects - for remodelina of City Hall Annex Concurrence with economic develooment policy adoDted bY the Gallatin Develooment Corooration as the City's Dolicy Buildina Insoection Division reoort for ADril 1996 Claims It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate . persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Recess - 4:56 D.m. Mayor Stueck declared a recess at 4:56 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 O.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearina - Commission Resolution No. 3113 - orooosed 4 Dercent increase in base rate for water This was the time and place set for the public hearing on Commission Resolution No. 3113, as approved by the City Attorney, entitled: 05-20-96 - -- -- --- - 17 - COMMISSION RESOLUTION NO, 3113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FOUR PERCENT (4,0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Mayor Stueck opened the public hearing. . Administrative Services Director Gamradt stated that over the past ten years, the City has made modest increases in utility rates to keep up with inflation. He noted that, through small adjustments each year, the large type of adjustment that was experienced about ten years ago can be avoided. He stated that at that time, rates were increased by approximately 60 percent because no adjustments in rates had been made for twenty-five years and, during the public hearing at that time, the public acknowledged the need for the rate increase but indicated they did not want the same thing to happen again but would prefer small increases on a regular basis. He stated that, since 1986, water rates have been increased five times, averaging 3.5 percent per year, which is slightly under the consumer price index for that period. The Administrative Services Director stated that this 4.0-percent increase continues the philosophy, which has worked well over the past decade. He noted that the average . residential water bill is $19 per month; and the 4.0-percent rate increase will increase the water bill by 76 cents per month, or $9.12 per year. Mrs. Ann Sutter, 508 South 14th Avenue, stated her opposition to the proposed rate increase. Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission authorize and direct staff to bring back a resolution enacting a 4.0-percent increase in water rates, effective on the July 1, 1996, billing. 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. 3114 - proposed 4 percent increase in base rate for wastewater (sewer) and 42 percent surcharge This was the time and place set for the public hearing on Commission Resolution No. 3114, as approved by the City Attorney, entitled: 05-20-96 --.-.--.-. .-----..--- - 18 - COMMISSION RESOLUTION NO. 3114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FOUR PERCENT (4.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM AND A PROPOSED FORTY~TWO PERCENT (42.0%) SURCHARGE. . Mayor Stueck opened the pUblic hearing. Administrative Services Director Miral Gamradt stated that the proposed 4.0-percent increase in the base rate will result in the average residential sewer bill of $10.75 per month being increased by 43 cents per month, or $5.16 per year. He stated that the proposed 42.0- percent surcharge will result in an additional $4.52 increase per month, or $54.24 per year. The Administrative Services Director noted that the City has incurred in excess of $2 million in costs for remediation of the groundwater contamination at the Bozeman Solvent Site, and reimbursements to date have been for less than 20 percent of that total. He noted that the Wastewater Fund will be in a deficit position at the end of this fiscal year, and it is important that the City take steps to address that deficit. Through the implementation of a . surcharge, the fund can be placed in a positive position; and at the proposed 42-percent surcharge rate, it is anticipated that would be accomplished in three years. He noted that if the surcharge rate is lowered, the time of recovery will be lengthened. Director of Public Service Phill Forbes provided a brief overview of the Bozeman Solvent Site and the remediation of groundwater contamination in that area. He referenced his memo of May 14, a copy of which was included in the Commissioners' packets, noting that the corrective measures taken to date have been positive in ensuring the health and safety of area residents. The Director of Public Service stated that the State and Federal environmental laws do not distinguish between someone who may be to blame; rather, they go to the owners of the properties for remediation of the site and allow those owners to subsequently identify those . who are to blame for the problem and pursue reimbursement. He stated that the City's involvement stems from accepting ownership and control of the sewer line serving the shopping center in 1970, which became a carrier of the solvents. Responding to the City Manager, City Attorney Luwe stated that the State of Montana is the agency which brought the City into the administrative proceeding as a 05~20-96 - 19 - potentially liable party because the City was the transporter of the PCE. He noted that under the existing law, the identified parties must clean up first and determine the allocation of costs later. He noted that the State has named Jewel Food Stores and the City as PRPs; and Jewel has filed action against the City and other potentially liable parties, including City Cleaners. . Responding to Mayor Stueck, the City Attorney stated that within four years, he anticipates the litigation will be completed, or the City will at least know where it is in the process. He recognized that the State's requirement for remedial action in the future will impact the length of time involved. Commissioner Stiff noted that in the memo dated February 12, 1996, the Administrative Services Director Gamradt indicated that through December 1995 the City had paid out $2,100,479.00 and received back $438,612.00. He noted that the memo also projects a deficit position of $500,000.00 at the end of the calendar year, with a deficit position of $650,000.00 now being projected at the end of the fiscal year. The Administrative Services Director stated that the City has expended in excess of $100,000.00 more than anticipated this year. He noted that the deficit position at the end of . the fiscal year was projected at $500,000.00; however, the additional costs have increased the projection to $600,000.00 as of this date. Responding to Commissioner Stiff, the City Attorney stated staff expects to recover some monies in the future. He suggested that this should keep the City from falling further behind in costs, noting that the City has a suit filed against one insurance company which has not contributed to date, and monies could be recovered in the litigation against Jewel Food Store. Mr. James Connata, 608 West Babcock Street, recognized that citizens of a community should be provided water and sewer services, with small incremental increases in the costs of those services. He noted that the proposed rate increase is based on subsidizing . the Buttrey's Shopping Center. He suggested that, rather than draining the ratepayer, the guilty should be held accountable. He characterized the special increase as a "taxpayer rip-off", encouraging the Commission to make the responsible parties pay. Mr. James Dean, 1211 South Willson Avenue, stated his concurrence with the comments of the previous speaker. 05-20-96 .----.... - 20 - Mr. Matt Merrill, 2111 Sourdough Road, asked why the solvent site is different from other catastrophic problems that face the City, and the justification of singling out sewer users to bear the costs. Mr. William Davis, 307 South Bozeman Avenue, stated he is not opposed to the 4 . percent increase, but he is opposed to the 42 percent. He noted that the sewer mains have not grown with the community, stating that the main in front of his home is a 6-inch clay line; and it is being used to serve new developments to the south. He stated that he has the line for his home cleaned annually, and during that cleaning they find the problem is not in his service line but is in the sewer main. He questioned how older residents can afford to bear a 46-percent increase in sewer rates to cover the costs of cleaning up the solvent site. He also questioned why the City is paying insurance premiums if they are not covering the costs of cleaning up the site. Mr. Jeff Ball, 323 South Wallace Avenue, recognized that efforts to obtain reimbursements from the insurance companies will take time. He suggested there may be some creative alternatives to the proposed 42-percent surcharge, such as floating a bond issue . to cover the costs. He asked for a positive assurance that the rate payers will receive some type of reimbursement if the City gets monies back from some other source. He proposed that the annual rate increase be set at the average of the wage increases in the community. He encouraged the Commissioners to recognize that most people in the community are on fixed incomes, regardless of their ages. Mr. Chuck Parks, 1705 Durston Road, stated that seven years ago, when the problem was identified, residents in that area attempted to work with the State, the City and Jewel Foods. He noted the City was not represented at any of the meetings for the first three years of the process. He stated that, three years ago, the property owners within the solvent site had incurred costs totalling approximately $90,000; and a list of those costs was submitted to the City Attorney's office. He noted that, because of lack of response after a year, the . property owners contacted an attorney to represent them. He forwarded an interest in working with the City to get the situation resolved without legal hassle. He noted that the State and Jewel Foods have indicated a willingness to work with them but, to date, the City has not. He expressed concern that the residents have incurred costs in connecting to City water and sewer services, and are now being asked to incur a 42~percent increase in sewer rates to bear the 05-20-96 - 21 - costs of cleaning up the site even though they have still not received an indication that the City is willing to work with them. Mr. Bill Mitchell, 122 South Church Avenue, encouraged the Commissioners to establish a time limit on the proposed surcharge, so the residents know when it will end. . City Manager Wysocki entered into the record the letters received, the comments that were forwarded from the staff waiting on the counter and notes written on bills. Mayor Stueck closed the public hearing. Responding to Mayor Stueck, Administrative Services Director Gamradt stated that staff has projected the 42~percent surcharge would be in effect for three years. Further responding to the Mayor, City Manager Wysocki suggested that the Commission could establish a time limit on the surcharge. He noted that if it is determined at the end of that time that the fund has not adequately recovered, the Commission could extend the time. He then stated that if the Commission wishes to include a time limit, it can be added to the resolution establishing the rates. At Commissioner Youngman's request, the Administrative Services Director addressed . issues and concerns raised during the public hearing. He stated that at the present time, the Wastewater Fund is borrowing from other City funds at the current investment rate, thus avoiding the higher interest costs of borrowing the monies. He further noted that, since the fund is in such poor financial health, it would be difficult to sell bonds. He characterized a $2 million financial problem is uncommon, and there are not sufficient monies in any single City fund to bear those costs. City Manager Wysocki stated that the contaminating material was dumped into the City's sewer line and it leaked out through the compound that held the pipe joints together and contaminated the soil. He noted that, since the pipe transported the contaminated material, the City has become responsible for its cleanup. He stated that under the law, until the City . can show another party is responsible, it must participate in the costs. He cautioned that it is difficult to expect the City will be reimbursed for the costs incurred. The City Manager addressed the question of why the sewer users are being required to bear the costs. He stated that since a sewer pipe was involved in the contamination, the Wastewater Fund is responsible for bearing the costs. 05-20-96 ----.----. -.--. ------~-- -- - 22 - Responding to Commissioner Frost, Administrative Services Director Gamradt stated that by extending the surcharge over a few years, there is the potential that some of the problems can be resolved and monies from additional sources may be received. Responding to Commissioner Youngman, the Administrative Services Director stated . that during rating of the $5 million general obligation bond issue for transportation projects, the analyst called several times concerning the financial condition of the Wastewater Fund, how the City planned to resolve it, and how long it would take to resolve. He noted that it does not appear to have had an adverse impact on the rating on that bond issue, although it could affect a future bond issue if not adequately addressed at this time. City Manager Wysocki reminded the Commission that, until last year, the City was limited to a 12-percent annual increase in water and sewer rates; and a 12-percent increase was enacted. He noted that staff's initial proposal was for a 25-percent surcharge to remain in effect for five years, and suggested that the Commission may wish to enact a lower surcharge than has been advertised. Responding to Commissioner Youngman, City Attorney Luwe stated that City . Cleaners is the business that dumped the PCE into the sewer line, and that business no longer exists. He noted that, given the potentially responsible parties identified to date, it appears that Jewel Food Stores and the ratepayers of Bozeman will be responsible for the costs of remediation. He stated that the City is pursuing its avenues for monies available from other parties and working with those parties to get their insurance carriers on line. He stated that three of the City's insurance carriers have agreed to participate in a percentage of the costs, not based on policies but on secondary evidence that they insured the City. He noted that the City has filed a lawsuit against the fourth insurance company and are working with other parties that don't have insurance to help them recreate their insurance policies in hopes of obtaining monies from that source as well. He then characterized the residents in the solvent site area as litigants. . Responding to Commissioner Frost, Administrative Services Director Gamradt stated the financial community will look at what action the City has taken to resolve the problem, recognizing that it will take time to recover. He stated that, rather than looking at the length of time it will take to recover, they will look at whether action has been taken to get back to financial health. 05-20-96 - .------ ~ 23 ~ Commissioner Stiff noted that the goals for Fiscal Year 1996-1997 include addressing the City's antiquated infrastructure. He stated that the issues discussed in this public hearing include remedying a fund shortfall and keeping working capital at the same buying power, so only a part of the problem is being addressed. He expressed concern that many of the sewer . lines are 100 years old; and they must be replaced on a timely basis, not delayed because of the financial problems created by the Solvent Site. He forwarded his support for adding a sunset clause to the resolution, to assure the public that the surcharge will not continue after its purpose has been met. Responding to Commissioner Stiff, City Attorney Luwe stated that if the Commission wishes, he can arrange for counsel to make a presentation to the Commission during an executive session to provide options for dealing with potential litigation. He stated that Mr. Parks and some of the neighbors have presented a claim to the City as the initial step to proceeding to litigation. He cautioned there are three lawsuits at the present time, and there is a potential for additional suits in the future. Responding to Commissioner Youngman, Director of Public Service Forbes stated that . in previous years rate increases have, in part, been identified for rehabilitating the collection system. He noted that rehabilitation of the lines rotates between the water distribution system and the sewer collection system; therefore, rehabilitation of the sewer lines is not scheduled for this year. He further cautioned that, given the financial condition of the Wastewater Fund, if the Commission wishes to undertake a rehabilitation program, monies must be borrowed. The Commissioners discussed the proposed surcharge rate and the length of time it must be in place to create a healthy balance in the Wastewater Fund. Break - 8:22 to 8:26 D.m. Mayor Stueck declared a break from 8:22 to 8:26 p.m. . Public hearino (continuedl- Commission Resolution No. 3114 - proposed 4 percent increase in base rate for wastewater (sewer) and 42 Dercent surcharae A majority of the Commissioners generally concurred it would be appropriate to reduce the surcharge rate to 25 percent and to include a sunset clause in the resolution which will end the surcharge after five years, with an annual report to be provided to the Commission. 05-20-96 - 24 - It was moved by Commissioner Stiff that the Commission authorize and direct staff to bring back a resolution establishing a 4-percent increase in the base rates for wastewater services and a 32-percent surcharge, with the surcharge to be sunsetted after four years. The motion died for lack of a second. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution establishing a 4-percent increase in the base rates for wastewater services and a 25-percent surcharge, with the surcharge to be sunsetted after five years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Stiff. Public hearina - COA with deviations from Sections 18.50.160 and 18.18.050. Bozeman MuniciDal Code. to allow 12-foot-6-inch by 14-foot-6-inch addition to encroach 6% feet into 8-foot side yard setback. on an existina home which encroaches into the side yard on a lot which is less than 50 feet wide - Steven D. Wallace for 626 East Peach Street (2-9631) This was the time and place set for the public hearing on the Certificate of . Appropriateness with deviations from Sections 18.50.160 and 18.18.050 of the Bozeman Municipal Code, as requested by Steven D. Wallace, under Application No. 2-9631, to allow a 12-foot-6-inch by 14-foot-6-inch addition to encroach 6 % feet into the required 8-foot side yard setback on an existing home which encroaches into the side yard on a lot which is less than 50 feet wide. The subject property is located on Tract 2, Babcock and Davis Addition, and is more commonly located at 626 East Peach Street. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, a 12-foot-6-inch by 14-foot-6-inch addition is proposed to the rear of the existing house. The addition will generally match the architectural character and detailing of the existing house. He noted that the existing house encroaches 6 % feet into the required . 8-foot side yard setback, and the lot does not meet the minimum width of 50 feet. He noted that the proposed addition will encroach 3 feet into the required 8-foot side yard setback. The Historic Preservation Planner stated that the Design Review Board reviewed this application at their April 23 meeting and, after reviewing the staff report and considering the criteria for deviations, concurred with the staff recommendation for approval. 05-20-96 - 25 - No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting . period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.160 and 18.18.050 of the Bozeman Municipal Code, as requested by Steven D. Wallace, under Application No. 2-9631, to allow a 12-foot-6-inch by 14-foot-6-inch addition to encroach 6 % feet into the required 8-foot side yard setback on an existing home which encroaches into the side yard on a lot which is less than 50 feet wide, subject to the following condition: 1. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 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. 3112 - intent to annex COS No. 1929, located in the NE~ , Section 11 , T2S, R5E, MPM (2.591 acres located along the south side of 2500 block of West Villard Street) - Cecil Horan (A-9606) This was the time and place set for the pUblic hearing on Commission Resolution No. 3112, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND . HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, a 2.591-acre parcel located at 2605 West Villard Street is to be annexed. He noted that the parcel is located east of Greenway Subdivision and west of the Western 05-20-96 ... .--- - 26 - Subdivision. He noted that staff has reviewed this application in light of the eight goals and twelve policies set forth in the annexation policy, as adopted under Commission Resolution No. 2716; and the comprehensive findings are contained in the written staff report which was previously submitted to the Commission. He briefly highlighted those findings, noting that this . application is generally in compliance with a majority of the goals and policies. The Senior Planner noted that in the staff report, three recommended conditions have been identified. He briefly highlighted those conditions, which are the boilerplate conditions. He suggested that the Commission consider adding a fourth condition, pertaining to impact fees, which would require that the fire and street impact fees for the existing house shall be paid concurrently with the annexation of the property and that the impact fees for water and sewer would become due when the existing house connects to the City's water and sewer facilities. Mr. Lowell Springer, architect representing the applicant, stated his general concurrence with the staff report as submitted. He stated, however, that his client is not aware of the proposed condition pertaining to impact fees, and requested that he be given an . opportunity to meet with his client before the condition is added. No one was present to speak in opposition to the requested annexation. 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 defer action on this requested annexation until June 3, to allow the applicant's representative to meet with his client. 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 - Zone Map Amendment - amend zoning from "RR" (Rural Residential) to "R-Za" (Residential--Sinale-familv, Medium-density) - Cecil Horan - COS No. 1929, located in the NE~ , Section 11 , T2S, R5E, MPM (2.591 acres located at 2600 West Villard Street) (Z-95157) This was the time and place set for the public hearing on the Zone Map Amendment from "RR" (Rural Residential) to "R-2a" (Residential-~Single-family, Medium-density), as requested by Cecil Horan, under Application No. Z~95157, on a 2.591-acre parcel known as Certificate of Survey No. 1929, located in the Northeast one-quarter of Section 11, Township 05-20-96 - 27 - 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 2605 West Villard Street. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this . application, an initial zoning designation of R-2a, ResidentialnSingle-family, Medium-density, would be established on the parcel which was the subject of the previous agenda item. He noted that staff has reviewed this application in light of the twelve criteria set forth in Section 76-2-304, Montana Code Annotated, and the Bozeman Municipal Code; and the comprehensive staff findings are contained in the staff report. He noted that, attached to the staff report, is the section of the zone code pertaining to the R-2a zone and the types of uses permitted. The Senior Planner stated that the Planning Board conducted its public hearing on this application at the May 7 meeting and, following that hearing, concurred in staff's recommendation for approval. Mr. Lowell Springer, architect representing the applicant, indicated a willingness to respond to questions. . No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Zone Map Amendment from "RR" (Rural Residential) to "R-2a" (ResidentialnSingle-family, Medium-density), as requested by Cecil Horan, under Application No. Z-95157, on a 2.591-acre parcel known as Certificate of Survey No. 1929, located in the Northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal . Meridian, contingent upon annexation; and authorize and direct staff to bring back an ordinance enacting the amendment upon completion of the annexation process. 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. 05-20-96 ------- -~- -- ... -. . n~".,_., _ - 28 - Adjournment - 8:49 D.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 Rud berg, Commissioner Stiff and Mayor Stueck; those voting No, none. ( 0tft1 f A~ - DON E. STUECK, Mayor ATTEST: (201: J ~ ROBIN L. SULLIVAN Clerk of the Commission . . 05-20-96