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Home My WebLink About01-07-2008THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, January 7, 2008 A. Call to Order - ~: ~~ 111- Community Room, Gallatin County Courthouse, 311 West Main Street B. Pledge of Allegiance and a Moment of Silence C. Minutes -October 22, 2007, December 3, 2007, December 10, 2007, and December 13, 2007 Policy Meeting *Consider a motion approving the 1~linutes of October 22, 2007, December 3, 2007, December 1 D, 2007, and December 13, 2007 Policy Meeting as submitted. D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Traffic Signal Maintenance Agreement for the County Owned Traffic Signal at Amsterdam and Thorpe Roads (Van Delinder) 3. Authorize Mayor to sign a Promotional Partnership Agreement with the Environmental Protection Agency's WaterSense Program (Heaston) 4. Approve Resolution No. 4010, East Gallatin Recreation Area and Old City of Bozeman Landfill Annexation #A-06017 (Knight) 5. Approve Resolution No. 4093, Manley Commercial Annexation #A- 05041,and Authorize City Manager to sign the Manley Commercial Annexation Agreement (Skelton) 6. Approve aNon-Profit Liquor License for Bridger Clinic to sell Beer and Wine at Emerson Cultural Center on February 16, 2008 at Sweet Tooth Ball (Neibauer) 7. Finally adopt Ordinance No.1735, Meadow Creek Phase III and IV Zone Map Amendment #Z-06274 (Krueger) 8. Provisionally adopt Ordinance No.1736, Manley Commercial Zone Map Amendment #Z-05288 (Skelton) 9. Provisionally adopt Ordinance No.1701, East Gallatin Zone Map Amendment #Z-07006 (Knight) *Consider a motion approving Consent items 1-9 as listed above. E. Public Comment -Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to 3 minutes. F. Special Presentation 1. Swearing in of the Public Officials (Ulmen) 2. Mayor's State of the City Address (Mayor Jacobson) G. FYI/Discussion H. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Ron Brey, at 582-2306 (TDD 582-2301). Please note that agenda submissions must be received by the City Manager the Wednesday before the Commission Meeting. For further information please see the City of Bozeman webpage at www. bowman. net. Monday Commission meetings are televised live on cable channel twenty. Repeats are aired at 5 pm on Wednesday and Friday and 1 pm on Sunday. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 22, 2007 The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, October 22, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Sean Becker, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Finance Director Anna Rosenberry, City Attorney Paul Luwe, and Deputy City Clerk Cynthia Jordan Delaney. A. Call to Order - 6:00 pm -Community Room, Gallatin County Courthouse, 311 Nest Main Street Mayor Krauss called the meeting to order. B. Pledge of Allegiance and a Moment of Silence Changes to the Agenda -Chris Kukulski, City Manager Mr. Kukulski stated that there were no changes to the agenda. C. Public Service Announcement -Fire Mill Levy (Winn) Chief Chuck Winn stated that the question for the Fire Dept. is whether they are authorized by City voters to levy 16 mills, which will improve the Fire Dept. by hiring 11 new firefighters to open a third fire station and providing an annual contribution to replace worn out fire equipment. D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign The Knolls at Hillcrest Notice of Right to Discharge Drainage (Morris) 3. Authorize City Manager to sign The Knolls at Hillcrest Release and Reconveyance of Easements (Morris) 4. Authorize City Manager to sign The Knolls at Hillcrest Uniform Escrow Agreement (Morris) 5. Authorize City Manager to sign The Knolls at Hillcrest Public Street and Utility Easement (Morris) 6. Authorize City Manager to sign The Knolls at Hillcrest Sewer Pipeline and Access Easement and Agreement (Morris) 7. Authorize City Manager to sign the Consultant Agreement for Safe Routes to School Assessment Services-Additional Services with Alta Planning and Design as recommended by the Bozeman Area Bicycle Advisory Board (Fontenot) 8. Authorize Sundance Business Park II Annexation #A-07005 (Knight) 3 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Public Comment Mayor Krauss opened and closed public comment. No person commented. Motion and Vote to approve Consent items 1-8. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-8. Those voting Ave being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. E. Public Comment Mayor Krauss opened public comment. Donald Steinman -Public Comment Mr. Steinman submitted a copy of the Homeowners' and Bank Protection Act of 2007, a model resolution, and a signed petition to the Commission. He tallied about the implications of the national mortgage meltdown crisis on the City of Bozeman, and he urged the Commission to act. Brian Caldwell - Public Comment Mr. Caldwell resides at 733 South Tracy. He made observations about the PROST Plan related to the classification of trails, asphalt trails/sidewalks in a comprehensive pedestrian plan, more cash-in-lieu for infill projects, calculation of parkland, and open space and parkland being added together. Public Comment closed. Mayor Krauss closed public comment. F. Special Presentation 1. Montana Recreation and Parks Association Award to Anne Banks (Krauss) Mayor Krauss Mayor Krauss presented the Citation of Merit Award to Anne Banks. He listed her many volunteer experiences, including 14 years on the Recreation and Parks Advisory Board. He thanked her for her outstanding contributions to the field of parks and recreation, and she received a standing ovation. Anne Banks Ms. Banks thanked Sue Harkin and the rest of the Recreation and Parks Advisory Board. She said they have one of the hardest-working, most dedicated boards in the City. 2. Montana Recreation and Parks Association Award of the Young Professional Award to Jamie Saitta, Recreation Program Manager (Harkin) Sue Harkin, Recreation Dept. Director 4 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Ms. Harkin presented the Young Professional Award to Jamie Saitta, for an up and coming leader who has demonstrated outstanding service to the community, and who has earned the respect of her peers and the community. G. Action Items 1. Parks, Recreation, Open Space and Trails (PROSY) Plan Public Hearing (Sanford) Jody Sanford, Senior Planner Ms. Sanford provided an overview of the PROSY Plan. Sandy Dodge, Chairman of the Recreation and Parks Advisory Board Mr. Dodge explained the process of creating the PROSY Plan. Public Comment Mayor Krauss opened public comment. Marianne Amsden - Public Comment Ms. Amsden resides at 5588 Patterson Road. She spoke for the equestrian contingent in the community: asking for horse trails and an equestrian park, including horse barns in the plan as a recreation facility, and listing the equestrian group in the plan to work with the City. Jon Henderson -Public Comment Mr. Henderson resides at 411 South 10th. As the board's chairperson, he read a prepared statement from the Bozeman Area Bicycle Advisory Board expressing support for the PROSY Plan and reiterating the recommendation to hire afull-time bikelpedestrian coordinator to provide overall consistency necessary for planning in the big picture. Ted Lame -Public Comment Mr. Lange, of the Gallatin Valley Land Trust, said that GVLT strongly supports the plan and worked with City staff to envision trail lines for where trail connectivity might be if parcels develop. He talked about the benefits of asphalt, the development community chipping in for signage costs, the safety issues of street crossings and shared use paths, and the issues of horses on existing urban trails. Maya O'Neil -Public Comment Ms. O'Neil resides at 6877 Fowler Lane. She made a case for equestrian trails and identity. ~Uith more development, the equestrian uses are under pressure and dangerous with roads being paved and car volumes increasing. Horse barns and an equestrian park are places for recreation, competition, and learning. She presented a petition with 150 signatures. James Mason -Public Comment Mr. Mason resides at 206 Sweetgrass Avenue. He supports the PROSY Plan, but stated that they need to acquire the land and easements now because once it's developed or built on, it's gone 5 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 forever. If the citizens of Bozeman approve open space money, develop a funding tool, use only within City limits, and do infill to resist sprawl. Mayor Krauss Mayor Krauss closed public comment. Mayor Krauss Mayor Krauss asked why cross-country ski trails and ski areas and standards weren't listed in the plan. Cr. Becker Cr. Becker sought clarification about this plan's implementation strategies and connections, especially relating to the changes to be made to the Unified Development Ordinance, Bozeman Municipal Code, Growth Policy, Capital Improvement Plan, etc. He stated that with the City's expansion, not accommodating a diversity of rural recreation uses is an omission. Cr. Rupp Cr. Rupp said that reading public comment, the one overwhelming theme was dog waste. He wanted to know why the missing links in the trail system from Main Street to the National Forests weren't mentioned as an action item. He wanted to make sure the additional pool would be in located in a park. Cr. Jacobson Cr. Jacobson stated that she was shocked that every quadrant in the City is deficient in children's playground equipment, and for her it is a high priority to rectify the situation. Cr. Kirchhoff Cr. Kirchhoff stated his sharp disagreement with the policy statement in 8.8.2 on street frontage on a case-by-case basis. He said that this was already decided on the City Commission level, and it shouldn't be revised on the PROST level. He asked for this revision: "Street frontage for City parks will be required on 100% of parks' perimeters; however, the Commission may consider less street frontage upon recommendation from the board, and the board shall use the following guidelines in making a recommendation." He doesn't think equestrian facilities are incompatible with urban growth, but he wants it to be possible in the future. Ron Dingman, Parks and Recreation Superintendent Mr. Dingman agreed to leave the options open for equestrian facilities. Mayor Krauss Mayor Krauss said that street frontage on parks is far more desirable than land-locking the parks behind backyards. He supports Cr. Becker's idea to look at this plan more closely before approving it tonight. He pointed out dog issues and said creating a new City advisory board to look atpet-related issues could be done now, and wanted to find a way to pay for an enforcement program. He's worried they' 11 get boxed into a corner or over-design all facilities (ADA- compatible trails, bilingual signs, etc.). In some wildlife areas, less intrusion is better. He prefers to begin to take these point by point, and look at policy implications. He thinks the 6 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 asphalt/concrete issue is important, and wants to encourage density and infill and study the infill policy. He wanted to go through this plan in a more systematic manner and have staff identify where special attention should be paid in the contents of chapters 8 and 10 where recommendations differ from current policy and regulations. Cr. Jacobson Cr. Jacobson wanted to insert a parks' foundation into the plan so it is there in the future in case the Commission wants to pursue it. Cr. Rupp Cr. Rupp joined the other Commissioners in thanking the Recreation and Parks Advisory Board and the staff for their time and effort with this plan. Cr. Rupp said it is appropriate that equestrian use be referenced in this plan. M= that we adopt the October 1, 2007 draft PROST Plan with the revisions listed in the memo of October 16, and based on the unanimous recommendation of the Bozeman Rec. and Parks Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the October 1, 2007 draft PROST Plan with the revisions listed in the memo of October 16, and based on the unanimous recommendation of the Bozeman Rec. and Parks Advisory Board. After Cr. Kirchhoff seconded the motion above, Cr. Rupp continued making his motion: I would direct staff to begin to establish the priorities that you've heard us Commissioners speak of this evening and schedule a work session as soon as possible, a work session where we can take action. Mayor Krauss Mayor Krauss interrupted Cr. Rupp to say that would be a public meeting on a Monday night if they are going to take action. Cr. Rupp Cr. Rupp stated he didn't see that in the Rules of Procedure. He referenced that it would be a duly noticed work session where they could take action. He continued making his motion: But that you start with the ten recommendations and we start putting a priority on these and some costs, and that's when we can deal with the language changes you and Steve spoke of as well and to the UDO, but it's going to take some time. Cr. Kirchhoff Cr. Kirchhoff asked Cr. Rupp to clarify what the basic motion is because he didn't know how much of that he is supposed to say "Aye" to. Clarification of Motion Cr. Rupp clarified his motion and Cr. Kirchhoff seconded it: 7 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the plan and that we direct staff to establish priorities and schedule a work session. Cr. Jacobson Cr. Jacobson asked about the amendment regarding the park perimeters and Cr. Kirchhoff's language. Crs. Rupp, Becker, and Jacobson Cr. Rupp said he is willing to do amendments one at a time, and Crs. Becker and Jacobson agreed. Cr. Kirchhoff Cr. Kirchhoff said that Jody was nodding that she already has the language down, and maybe it could be included (in the motion). Ms. Sanford Ms. Sanford stated that she understands the Commission is staying with the policy they have set forth, but maybe use the language that's in here as reasons you might consider letting somebody do less than 100%. Cr. Kirchhoff Cr. Kirchhoff said Ms. Sanford's understanding is right. Friendly Amendment to Motion Cr. Rupp agreed to include Cr. Kirchhoff s language in the motion. Cr. Kirchhoff clarified that the motion includes those suggested changes to 8.8.2, and seconded it: It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the plan and that we direct staff to establish priorities and schedule a work session. The motion includes those su~~ested changes to 8.8.2: "Street frontage for City parks will be required on 100% of parks' perimeters; however, the Commission may consider less street frontage upon recommendation from the board, and the board shall use the following guidelines in making a recommendation." Mayor Krauss Mayor Krauss said they are adopting the plan to use it to establish policies, but none of this establishes policies at this time. It's not incorporated into the policies of the City yet. V= that we adopt the plan and that we direct staff to establish priorities and schedule a work session and include suggested changes to 8.8.2. ~It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we adopt the plan and that we direct staff to establish priorities and schedule a work session. The motion includes those su~~ested changes to 8.8.2: "Street frontage for City parks will be required on 100% of parks' perimeters; however, the Commission may consider less street frontage upon 8 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 recommendation from the board, and the board shall use the following guidelines in making a recommendation."1 Those voting Ave being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. Refer to the Staff Memo from Jody Sanford dated October 16, 2007 and the PROST Plan. Break Mayor Krauss declared a break. 2. Sundance Business Park II Zone Map Amendment #Z-07208 (Knight) Andy Epple, Planning Director Mr. Epple presented the staff report. Chris Budeski, Applicant Mr. Budeski stated that Mr. Epple covered everything, and he is here if the Commission has any questions. Public Comment Mayor Krauss opened and closed public comment. No person commented. Motion and Vote that we approve the Sundance Business Park 2 Zone Map Amendment with the contingencies listed on page 2 of the Zoning Commission Resolution. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we approve the Sundance Business Park 2 Zone Map Amendment with the contingencies listed on pale 2 of the Zoning Commission Resolution. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 5-0. Refer to page 2 of the Zoning Commission Resolution for contingencies. 3. Resolution No. 4079, Establishing Fees for Beer, Wine, and Liquor Licenses (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report. Public Comment Mayor Krauss opened and closed public comment. No person commented. 9 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 M= that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses. Cr. Rupp Cr. Rupp wants a reminder in the next budget cycle that the extra $43,000 is designated to the prosecutor or t e po ice. Cr. Becker Cr. Becker wanted to have a policy discussion and set up a fee schedule for the next 15-20 years. Mayor Krauss Mayor Krauss suggested it could be discussed in the next budgeting session. V= that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses. ~It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that we adopt Resolution 4079, Establishing Fees for Beer, Wine, and Liquor Licenses.l Those voting Ave being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 4. Tax Abatement for Historic Preservation (Kramer) Courtney Kramer, Assistant Planner for Preservation and Staff Liaison to the Bozeman Historic Preservation Advisory Board Ms. Kramer presented the staff report. Public Comment opened. Mayor Krauss opened public comment. Edward SzczVbinski -Public Comment Mr. Szczypinski resides at 811 ~Uest Villard. He is Co-chair of the Bozeman Historic Preservation Advisory Board. He addressed Cr. Kirchhoff's question to say that it isn't the abatement of the investment; it's the abatement of the proposed taxes that would be increased into that property value, and they can be abated up to 100%. It's a matter of reassessing that property after it has been improved and looking at the percentage of that abatement. He said that to help increase investment in the historic district and encourage historic preservation it is important to have a tax abatement ordinance prepared. Public Comment closed. Mayor Krauss closed public comment. 10 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Paul Luwe, City Attorney Mr. Luwe stated that statute provides that the BHPAB shall determine eligibility, and they will make a recommendation of approval or denial to the Commission, then it is the Commission's decision. Ms. Kramer Ms. Kramer stated that the BHPAB is interested first in getting into a policy meeting. Mayor Krauss Mayor Krauss stated that he is in favor of a policy meeting. Mr. Epple Mr. Epple asked the Commission if they want the BHPAB to draft some guidelines. Crs. Rupp, Becker, and Jacobson Crs. Rupp, Becker, and Jacobson said yes, and Cr. Becker wanted to see numbers. Cr. Rupp Cr. Rupp stated that the work has to be historic, not just that the work was done. Mr. Epple Mr. Epple said that in December they can bring forward this proposal that was submitted months ago with a staff and BHPAB evaluation and recommendation. He doesn't think they can hold someone off until they have a comprehensive program in place. Cr. Rupp Cr. Rupp agreed that it might take some pressure off if they come to resolution on these two applications and then step back and put together a tax abatement process that makes some sense. Mayor Krauss Mayor Krauss stated that going through those two applications will inform their discussion. Ms. Kramer Ms. Kramer said she believes the state ordinance specifies the Secretary of Interior's standards and then enables further local standards so she will write a staff report that calls out that language. 5. Streamline Bus Shelters (Eppley Cr. Rupp Based on the Rules of Procedure, Cr. Rupp recused himself from this discussion because this is an activity that the HRDC is currently administering. Mr. Epple Mr. Epple presented the staff report and raised questions about the number of bus shelters (24-30 total over the next 3-5 years?) and how the shelters would be paid for (by advertisers, the 11 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 community, or grants?). He stated that Streamline wants to get five or six shelters up immediately. Cr. Jacobson Cr. Jacobson wanted to install five or six more bus shelters immediately while working out an a ternative. Cr. Becker Cr. Becker would feel much more comfortable if these conditions are met: he wants to run the Chandler shelter design through the Design Review Board; to reduce the lumens because it's too bright; to develop a consistent poster standard; to have stronger, more pronounced rooflines that can be carried from the custom shelter to the Chandler shelter (the design is weak and can be better); to have a shelter and bus service at the airport; and to have title on the bus shelters and lease them to Chandler so the City controls the shelters in case unforeseen circumstances emerge. He said that he would call Chandler to ask about maintaining ownership of the land/shelters. Cr. Kirchhoff Cr. Kirchhoff wanted the MSU architecture design students to design the shelters, and he didn't want people to have to wait until next season. He didn't want shelters with advertising on them. Mayor Krauss Mayor Krauss wants to see something particularly "Bozeman" in their design. He isn't opposed to advertising. He isn't impressed with putting those all over town. Mayor Krauss Mayor Krauss told Cr. Rupp to come forward to answer questions about Streamline. Jeff Rupp Mr. Rupp approached the podium and identified himself as CEO of the Human Resource Development Council. He stated that one of HRDC's programs is Streamline. He said the buses are owned by MDOT, along with those who put up the matching funds: MSU, HRDC, Bozeman, the County, and Belgrade. He said the transit board has identified five or six public spaces for shelters. Suspension of Rules of Procedure Mayor Krauss suspended the Rules of Procedure at 10:00 pm for the next 10 minutes until they are done. Cr. Becker Cr. Becker stated that he will call Chandler. There might not be much that needs to be changed to upgrade these shelters, and there might be public construction costs to produce a better aesthetic. Let's find out the information, see what we can do with what finite resources we have, see what contracts are amenable to him, and go from there. Cr. Jacobson 12 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Cr. Jacobson wanted to get this back on a Commission agenda as soon as possible. 6. Appointment to the Community Affordable Housing Advisory Board (CAHAB) (Delaney) Motion and Vote to approve the appointment of Susan Floerchinger. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the appointment of Susan Floerchin~er. Those voting Ave being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. H. FYIIDiscussion Mayor Krauss After checking with the Commissioners, Mayor Krauss stated that the November 25 Policy Meeting will be cancelled because there will not be a quorum. Mr. Kukulski Mr. Kukulski stated that because of the cancelled policy meeting the Neighborhood Recognition Ordinance will come to the Commission for review and approval at a regular Commission meeting in early November. Mayor Krauss Mayor Krauss stated that he wants this to go on a Monday night. Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney stated that because of the cancelled policy meeting and no meeting on October 29 since it is the fifth Monday of the month, the next Commission meeting will be on November 5. 1. Ordinance No. 1729, Budget Administration (Rosenberry) Anna Rosenberry, Finance Director Ms. Rosenberry stated that per the Rules of Procedure, she needed to introduce the proposal of the draft Budget Administration Ordinance and gave the Commissioners copies of the draft. It will be on the Commission meeting agenda for provisional adoption on November 5 and final adoption on November 19. Mayor Krauss Mayor Krauss asked about when the Charter is effective because the Charter requires them to do an ethics training. Paul Luwe, City Attorney 13 Linked Minutes of the Bozeman City Commission Meeting, October 22, 2007 Mr. Luwe stated that the Charter will be effective on January 1, and the Commission will have a training some time after January 1. I. Adjournment Mayor Krauss adjourned the meeting. Jeffrey K. Krauss, Mayor ATTEST: Stacy Ulmen, City Clerk PREPARED BY: Cynthia Jordan Delaney, Deputy City Clerk Approved on 14 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 3, 2007 The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 ~Uest Main Street, on Monday, December 3, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant Planning Director Chris Saunders, City Attorney Paul Luwe, and City Clerk Stacy Ulmen. 0:04:52 A. Call to Order - 6:00 pm -Community Room, Gallatin County Courthouse, 311 Nest Main Street Mayor Krauss called the meeting to order at 6:00 pm. 0:04:55 B. Pledge of Allegiance and a Moment of Silence 0:06:02 C. Public Service Announcement-Snow Routes (ArkelU Van Delinder) 0:06:10 John Van Delinder, Street Superintendent Mr. Van Delinder gave a Public Service Announcement regarding snow routes in the City of Bozeman. 0:08:45 D. Minutes- May 29, 2007 Executive Session (confidential), May 29, 2007, July 16, 2007, July 23, 2007, August 6, 2007, November 5, 2007, and November 8, 2007. 0:08:55 Motion and Vote to approve the Minutes of May 29, 2007 Executive Session (confidential), May 29, 2007, July 16, 2007, July 23, 2007, August 6, 2007, November 5, 2007, and November 8, 2007 It was moved by Cr. Becker, Seconded by Cr. Rupp, to approve the minutes of May 29, 2007 Executive Session (confidential), May 29, 2007, July 16, 2007, July 23, 2007, August 6, 2007, November 5, 2007, and November 8, 2007. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:09:18 E. Consent 1. Authorize Payment of Claims (LaMeres) 1 15 Linked Minutes of the City Commission Meeting, December 3, 2007 2. Authorize City Manager to sign Change Order Number 3 for Durston Road 7th to 19th (Murray) 3. Authorize City Manager to sign Quit Claim Deed for Robert Evans-Ice Pond Road (Kerr) 4. Award of Construction Manager at Risk Contract to Dick Anderson Construction for the Remodel of the Old Library into a New City Hall (Goehrung) 5. Award Bid for Asset Management System (Henderson) 6. Award Bid for Structural Steel Package for City Hall Remodel (Goehrung) 7. Finally adopt Ordinance No.1732, Allison Zone Map Amendment #Z-06205 (Windemaker) 0:09:21 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:09:35 Motion and Vote to approve Consent items E.1-7. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items E.1-7. Those voting Ave being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:09:55 F. Public Comment Mayor Krauss opened public comment. 0:10:37 John Hodson, Public Comment Mr. Hodson of 220 North Broadway spoke regarding the Story Mill project and feels that it will be a good project for Bozeman. 0:11:04 Public Comment closed. Mayor Krauss closed public comment. 0:11:07 G. Action Items 0:11:101. Finally adopt Ordinance No. 1727, Rules of Procedure, moved from the City Commission Meeting on November 26, 2007 (Luwe) 0:11:15 Paul Luwe, City Attorney Mr. Luwe went over his staff report. Luwe stated that according to the Bozeman City Charter, the Rules of Procedure must be adopted in Ordinance format. The first reading took place on November 13, 2007. 16 Linked Minutes of the City Commission Meeting, December 3, 2007 0:12:07 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:12:23 Mo=to Adopt Ordinance No. 1727, Rules of Procedure. It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson to adopt Ordinance No. 1727, Rules of Procedure. 0:12:29 Discussion 0:13:43 Amendment to the Main Motion to delete Number 8 (referred to on the Staff Memorandum Report), the deletion: "In the case of appointments, the Mayor shall seek the concurrence of at least two other Commissioners." It was moved by Cr. Rupp, Seconded by Cr. Kirchhoff to amend the Main Motion to delete Number 8 (referred to on the Staff Memorandum Report), the deletion: "In the case of appointments, the Mayor shall seek the concurrence of at least two other Commissioners." 0:14:06 Discussion regarding the Amendment to the Main Motion 0:14:09 Cr. Jacobson Cr. Jacobson asked for clarification on the motion relating to the meaning of concurrence. 0:17:06 Vote on the Amendment to delete Number 8 (referred to in the Staff Memorandum Report), the deletion: "In the case of appointments, the Mayor shall seek the concurrence of at least two other Commissioners." Those voting Ave being Crs. Rupp, Kirchhoff, Jacobson, and Becker. Those voting No being Mayor Krauss. The motion carried 4-1. 0:17:20 Discussion on the Main Motion as amended. 0:17:26 Vote on the Main Motion as Amended to adopt Ordinance No. 1727, Rules of Procedure. Those voting Ave being Cr. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:17:46 2. Story Mill Neighborhood Planned Unit Development #Z-070159 (Saunders) 17 Linked Minutes of the City Commission Meeting, December 3, 2007 0:18:13 Chris Saunders, Assistant Planning Director Mr. Saunders presented the staff report regarding the Story Mill Planned Unit Development. This is the first subdivision with the new ~Uork Force Housing requirement. 0:34:01 Allyson Bristor, Associate Planner Ms. Bristor went over the Historic Preservation areas regarding the Story Mill Neighborhood Planned Unit Development. 0:50:13 Joby Sabol, Legal Council for Applicant Mr. Sabol stated that he would like the written application and bound version of this project be entered into the record. 0:53:27 Steve Domreis, GBD Architects Mr. Domreis recapped the progress and shared the goals of the proposed subdivision by sharing a power point presentation. 1:01:11 Public Comment Mayor Krauss opened public comment. 1:01:32 Ted Lame, Gallatin Valley Land Trust Mr. Lange of 25 North ~Uilson, representative of Gallatin Valley Land Trust, spoke regarding the wetlands, specifically staff condition number 3 5. 1:04:41 Brett Tudshury, Public Comment Mr. Tudsbury of 103 Peace Pipe Drive, spoke regarding his excitement of the Story Mill project assisting with tying the northeast side of Bozeman together. He is one of the personal representatives ofLegends at Bridger Creek. 1:06:14 Lee Stroncek, Public Comment Mr. Stroncek of 818 South Black, spoke regarding his opposition of the Story Mill project. 1:07:26 Unidentified Speaker, Public Comment This unidentified speaker spoke regarding the Community Affordable Housing Advisory Board recommendations. They have concerns regarding the proposed affordable housing units within the proposed subdivision. 1:10:14 Brian Caldwell, Public Comment Mr. Cardwell of 733 South Tracy, spoke regarding the draft Planning Board minutes when this proposed project came before the board. Mr. Cardwell stated that the project was unanimously approved by the board. 18 Linked Minutes of the City Commission Meeting, December 3, 2007 1:13:59 Public Comment closed. Mayor Krauss closed public comment. 2:08:03 Mo=to Approve the Story Mill Neighborhood Planned Unit Development #2- 070159, with conditions of approval as determined appropriate by the City Commission. It was moved by Cr. Jacobson, Seconded by Cr. Becker to approve the Story Mill Neighborhood Planned Unit Development #Z-070159, with conditions of approval as determined appropriate by the City Commission. 2:09:03 Amendment to the Main Motion to grant Condition #1, the requested 10 year approval period for the PUD as outlined in the Staff Report. It was moved by Cr. Jacobson, Seconded by Cr. Kirchhoff to grant Condition #1, the requested 10 year approval period for the PUD as outlined in the Staff Report. 2:09:21 Discussion on the Amendment 2:12:3 5 Mayor Krauss Mayor Krauss directed Staff to insert the words "Higher intensity or Lower intensity" in the section regarding the definitions of Major Changes under Story Mill Neighborhood Overall Plan Conditions Number 9. 2:12:53 Mr. Saunders Mr. Saunders stated that the change will be made in the official Findings of Fact for the subdivision. 2:14:07 Vote on the Amendment to the Main Motion to grant Condition #1, the requested 10 year approval period for the PUD as outlined in the Staff Report. Those voting Ave being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss. Those voting No being Cr. Rupp. The motion carried 4-1. 2:14:44 Amendment to the Main Motion to approve concurrent construction as part of the PUD. (Letter B. in the Staff Memorandum). It was moved by Cr. Becker, Seconded by Cr.Rupp to approve concurrent construction as part of the PUD. (Letter B. in the Staff Memorandum). 2:14:59 Discussion on the Amendment 2:15:18 Vote on the Amendment to approve concurrent construction as part of the PUD. (Letter B. in the Staff Memorandum). 19 Linked Minutes of the City Commission Meeting, December 3, 2007 Those voting Ave being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 2:20:10 Amendment to the Main Motion that instead of the language provided here (Letter C. in the Staff Memorandum) for the lots fronting Bridger, that we find language similar to what we adopted recently for the Hospital on Kagy and Aspen Park on South 19th, that these lots have a frontage on the arterial and they have traditional rear yards, and they have alley loaded access to the rear of the lot. It was moved by Cr. Kirchhoff, Seconded by Cr. Rupp that instead of the lan~ua~e provided here (Letter C. in the Staff Memorandum) for the lots fronting Bridger, that we find lan~ua~e similar to what we've adopted recently for the Hospital on Katy and Aspen Park on South 19th, that these lots have a frontage on the arterial and they have traditional rear yards, and they have alley loaded access to the rear of the lot. 2:20:43 Discussion on the Amendment 2:20:47 Vote on the Amendment that instead of the language provided here (Letter C. in the Staff Memorandum) for the lots fronting Bridger, that we find language similar to what we adopted recently for the Hospital on Kagy and Aspen Park on South 19th, that these lots have a frontage on the arterial and they have traditional rear yards, they have alley loaded access to the rear of the lot. Those voting Aye being Crs. Kirchhoff, Rupp, and Jacobson. Those voting No being Cr. Becker, and Mayor Krauss. The motion carried 3-2. 2:21:26 Amendment and Vote to the Main Motion to accept Letter D. (In the Staff Memorandum), Leadership in Energy and Environmental Design has been a prominent focus in the design and presentation of this development. Condition of approval #10 requires that any move away from compliance with these standards will require re- approval of the development. (See staff report page 41). It was moved by Cr. Rupp, Seconded by Cr. Jacobson to accept Letter D. (In the Staff Memorandum), Leadership in Enemy and Environmental Design has been a prominent focus in the design and presentation of this development. Condition of approval #10 requires that any move away from compliance with these standards will require re- approval of the development. (See staff report pale 41). Those voting Aye being Crs. Rupp, Jacobson, Becker, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 20 Linked Minutes of the City Commission Meeting, December 3, 2007 2:22:44 Amendment and Vote to the Main Motion to approve Letter E. (Deviations from many parts of Title 18 have been requested as part of the PUD. Some staff and others have supported and some have not supported. The deviations are necessary to attain the type of design and intensity of use proposed in the project. See condition of approval #20 on pages 42-45 of the Staff Report) with the addition that the PUD as presented provides a higher quality final product then literal enforcement of the UDO. It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson, Amendment to the Main Motion to approve Letter E. (Deviations from many parts of Title 18 have been requested as part of the PUD. Some staff an others have supported and some have not supported. The deviations are necessary to attain the type of design and intensity of use proposed in the project. See condition of approval #20 on pales 42-45 of the Staff Report) with the addition that the PUD as presented provides a higher quality final product then literal enforcement of the UDO. Those voting Ave being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 2:24:56 Amendment to the Main Motion to approve Letter F. on the Commission Memorandum, approving the changes in the Conditions of Approval as requested by the applicant for COA #21 and the COA for the Mill Building and the Flour Warehouse. It was moved by Cr. Rupp ,Seconded by Cr. Kirchhoff, to approve Letter F. on the Commission Memorandum, approving the changes in the Conditions of Approval as requested by the applicant for COA #21 and the COA for the Mill Building and the Flour ~Varehnuse. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 2:28:48 Amendment to the Main Motion to approve the site plan phase 2 Mill Building and Flour Warehouse as presented by applicant. It was moved by Cr. Becker ,Seconded by Cr. Kirchhoff to approve the site plan phase 2 Mill Building and Flour Warehouse as presented by applicant. 2:29:09 Discussion on the Amendment 2:30:29 Vote on the Amendment to approve the site plan phase 2 Mill Building and Flour Warehouse as presented by applicant. 21 Linked Minutes of the City Commission Meeting, December 3, 2007 Those voting Ave being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being Cr. Rupp. The motion carried 4-1. 2:44:05 Amendment to the Main Motion to adopt condition Number 26, workforce housing options A and C. (a) If the individualized workforce housing plan requested to provide 120 dwellings of price restricted housing meeting the price thresholds of Chapter 17.02, BMC is approved and the City later approves the requested tax increment district then the applicant shall provide, prior to approval of the first final plat, a map of the phased development depicting where the price restricted homes shall be constructed and how many dwellings are assigned to each lot. Final plats for each phase will include appropriate deed restrictions on individual lots to ensure that ultimate development of the lots will include the applicable number of price restricted homes. C) If the individualized workforce housing plan requested to provide 120 dwellings of price restricted housing is not approved then the applicant shall comply with the minimum terms of Chapter 17.02, BMC. Prior to approval of the first final plat, a map of the entire phased development shall be provided depicting where the price restricted homes shall be constructed and how many dwellings are assigned to each lot. Final plats for each phase will include appropriate deed restrictions on individual lots to ensure that ultimate development of the lots will include the applicable number of price restricted homes). It was moved by Cr. Jacobson, Seconded by Cr. Becker to adopt Condition Number 26, workforce housing options A and C. (a) If the individualized workforce housing plan requested to provide 120 dwellings of price restricted housing meeting the price thresholds of Chapter 17.02, BMC is approved and the City later approves the requested tax increment district then the applicant shall provide, prior to approval of the first final plat, a map of the phased development depicting where the price restricted homes shall be constructed and how many dwellings are assigned to each lot. Final plats for each phase will include appropriate deed restrictions on individual lots to ensure that ultimate development of the lots will include the applicable number of price restricted homes. C) If the individualized workforce housing plan requested to provide 120 dwellings of price restricted housing is not approved then the applicant shall comply with the minimum terms of Chapter 17.02, BMC. Prior to approval of the first final plat, a map of the entire phased development shall be provided depicting where the price restricted homes shall be constructed and how many dwellings are assigned to each lot. Final plats for each phase will include appropriate deed restrictions on individual lots to ensure that ultimate development of the lots will include the applicable number of price restricted homes). 2:44:22 Discussion on the Amendment 2 :44:3 7 Cr. Rupp 22 Linked Minutes of the City Commission Meeting, December 3, 2007 Cr. Rupp stated that the language should not say if the individual plan is not approved, it should say with the TIF changing, not the plan. 2:46:11 Motion Withdrawn regarding the Amendment to the Main Motion to adopt condition Number 26, workforce housing options A and C. (a) If the individualized workforce housing plan requested to provide 120 dwellings of price restricted housing meeting the price thresholds of Chapter 17.02, BMC is approved and the City later approves the requested tax increment district then the applicant shall provide, prior to approval of the first final plat, a map of the phased development depicting where the price restricted homes shall be constructed and how many dwellings are assigned to each lot. Final plats for each phase will include appropriate deed restrictions on individual lots to ensure that ultimate development of the lots will include the applicable number of price restricted homes. C) If the individualized workforce housing plan requested to provide 120 dwellings of price restricted housing is not approved then the applicant shall comply with the minimum terms of Chapter 17.02, BMC. Prior to approval of the first final plat, a map of the entire phased development shall be provided depicting where the price restricted homes shall be constructed and how many dwellings are assigned to each lot. Final plats for each phase will include appropriate deed restrictions on individual lots to ensure that ultimate development of the lots will include the applicable number of price restricted homes). Cr. Becker agreed to withdraw his second. 2:47:31 Mr. Saunders Mr. Saunders suggested that the language read "If the TIF is not approved, the applicant shall comply with the terms of Chapter 17.02 Bozeman Municipal Code." 2:55:33 Amendment to the Main Motion to require the applicant to comply with the Ordinance (BMC 17.02) and leave open the option that they may come back with a individualized Work Force Housing plan, which if approved can supersede the strict application of the Ordinance. It was moved by Cr. Pro Tem Krauss, Seconded by Cr. Rupp to require the applicant to comply with the Ordinance fBMC 17.02) and leave open the option that they may come back with a individualized Work Force Housing plan, which if approved could supersede the strict application of the Ordinance. 3:01:18 Vote on the Amendment to the Main Motion to require the applicant to comply with the Ordinance (BMC 17.02) and leaving open the option that they may come back with a individualized Work Force Housing plan, which if approved can supersede the strict application of the Ordinance. Those voting Aye being Crs. Pro Tem Krauss, Rupp, Kirchhoff, and Mayor Pro Tem Jacobson. 23 Linked Minutes of the City Commission Meeting, December 3, 2007 Those voting No being Cr. Becker. The motion carried 4-1. 3:05:49 Motion and Vote to Reconsider the Amendment to the Main Motion to require the applicant to comply with the Ordinance (BMC 17.02) and leaving open the option that they may come back with a individualized Work Force Housing plan, which if approved can supersede the strict application of the Ordinance. It was moved by Cr. Rupp, Seconded by Cr. Becker to require the applicant to comply with the ordinance (BMC 17.02) and leaving open the option that they may come back with a individualized Work Force Housing plan, which if approved can supersede the strict application of the ordinance. Those voting Ave being Crs. Rupp, Becker, and Kirchhoff, Those voting No being Cr. Jacobson, and Mayor Krauss. The motion carried 3-2. 3:07:10 Amendment to the Main Motion to include compliance with the Bozeman Municipal Code 17.02 leaving open the option of a individualized plan with a minimal compliance of 3% build out of the affordable units. It was moved by Cr. Becker, Seconded by Cr. Rupp, to amend the Main Motion to include compliance with the Bozeman Municipal Code 17.02 leaving open the option of a individualized plan with a minimal compliance of 3% build out of the affordable units. 3:08:03 Discussion on the Amendment 3:12:53 Vote on the Amendment to include compliance with the Bozeman Municipal Code 17.02 leaving open the option of a individualized plan with a minimal compliance of 3% build out of the affordable units. Those voting Aye being Crs. Becker, Rupp, and Kirchhoff. Those voting No being Cr. Jacobson, and Mayor Krauss. The motion carried 3-2. 3:13:29 Vote on the Main Motion as Amended to approve the Story Mill Neighborhood Planned Unit Development #Z-070159, with conditions of approval as determined appropriate by the City Commission. Those voting Aye being Crs. Jacobson, Becker, Rupp, and Kirchhoff. Those voting No being Mayor Krauss. The motion carried 4-1. 24 Linked Minutes of the City Commission Meeting, December 3, 2007 3:14:lOBreak 3:32:19 3. Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032 (Saunders) 3:32:25 Mr. Saunders Mr. Saunders gave the staff presentation for the Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032. 3:48:06 Cory Ravnass, Hyalite Engineers Mr. Ravnass presented the applicant presentation for the Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032. 3:56:03 Mayor Krauss Mayor Krauss suspended the Rules of Procedure for 30 minutes. 3:58:01 Public Comment Mayor Krauss opened public comment. 3 :5 8 :18 Ted Lame- Public Comment Mr. Lange representative of the Gallatin Valley Land Trust stated that he typed up a suggested change to Condition Number 35 and pointed out a note following the recommendation. (Also, consider keeping the northern trail in block 15. Note that the trail referenced in the last sentence of Condition 36 (f) exists only because of the northern trail in block 15. It the northern trail in block 15 is removed, then the trail referenced in the last sentence of Condition 36 (~ should probably be removed as well). 4:00:59 Public Comment closed. Mayor Krauss closed public comment. 4:09:39 M= to Approve the Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032, with conditions of approval as determined by staff modifying Condition Number 35 as per the Gallatin Land Trust Memo. It was moved by Cr. Becker, Seconded by Cr. Rupp to approve the Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032, with conditions of approval as determined by staff modifying Condition Number 35 as per the Gallatin Land Trust Memo.fModify the first sentence of Condition 35. Do not remove the north-south trail in block 13. Do not remove the southern and western trails in block 15. Alin the trails on either side of the street in blocks 14 and 13. Also, consider keeping the northern trail in block 15. Note that the trail referenced in the last sentence of Condition 36 (f) exists only because of the northern trail in block 15 is removed. If the northern trail in block 15 is 25 Linked Minutes of the City Commission Meeting, December 3, 2007 removed, then the trail referenced in the last sentence of Condition 36 (f) should probably be removed as well). 4:10:43 Discussion on the Motion 4:15:09 V= to approve the Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032, with conditions of approval as determined by staff modifying Condition Number 35 as per the Gallatin Land Trust Memo. (Modify the first sentence of Condition 35. Do not remove the north-south trail in block 13. Do not remove the southern and western trails in block 15. Align the trails on either side of the street in blocks 14 and 13. Also, consider keeping the northern trail in block 15. Note that the trail referenced in the last sentence of Condition 36 (f) exists only because of the northern trail in block 15 is removed. If the northern trail in block 15 is removed, then the trail referenced in the last sentence of Condition 36 (f) should probably be removed as well). Those voting Ave being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being Cr. Jacobson. The motion carried 4-1. 4:16:35 H. Special Presentation National Citizen Survey Presentation, moved from City Commission Meeting on November 26, 2007. This item will be rescheduled at a future meeting. 4:16:40 I. FYIIDiscussion 4:17:05 Conference Calls between City Consultant and the Consultants of the Southwest Builders to review the Transportation Impact Fee Study 4:20:26 Economic Development Conference, New Jersey. 4:20:34 Cr. Becker Cr. Becker stated he applied and was accepted to take part in an Economic Development Conference in New Jersey. 4:21:26 Reminder of Policy Meeting regarding Red Light Traffic Cameras on December 13, 2007. 4:21:54 Electronic Submittals 4:22:51 J. Adjournment Mayor Krauss adjourned the meeting at 10:28 pm. 26 Linked Minutes of the City Commission Meeting, December 3, 2007 Jeffrey K. Krauss, Mayor ATTEST: Stacy Ulmen, City Clerk PREPARED BY: Stacy Ulmen, City Clerk Approved on 27 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 10, 2007 The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 ~Uest Main Street, on Monday, December 3, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim Cooper, Director of Finance Anna Rosenberry, and City Clerk Stacy Ulmen. 0:10:52 A. Call to Order- 6:00 pm-Community Room, Gallatin County Courthouse, 311 ~Uest Main Street Mayor Krauss called the meeting to order at 6:00 pm. 0:10:57 B. Pledge of Allegiance and a Moment of Silence 0:12:07 Mayor Krauss Mayor Krauss stated that Action Item Number 1, regarding Delaney Tax Abatement for Historic Preservation has been requested by the applicant to be rescheduled. 0:12:22 Chris Kukulski, City Manager Mr. Kukulski stated that the applicant has asked for the item G. 1 be rescheduled for a January meeting. The Commission agreed. 0:13:12 C. Public Service Announcement-Climate Protection Task Force Update (Baker) This item has been rescheduled to Monday, December 17, 2007. 0:13:19 D. Minutes -August 13, 2007, August 20, 2007, August 27, 2007, and November 13, 2007 0:13:25 Motion and Vote to approve the Minutes of August 13, 2007, August 20, 2007, August 27, 2007, and November 13, 2007. It was moved by Cr. Becker, Seconded by Cr. Rupp to approve the Minutes of August 13, 2007, August 20, 2007, August 27, 2007, and November 13, 2007. Those voting Ave being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 1 28 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 0:13:42 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor to sign a Letter on behalf of the City of Bozeman supporting Montana State University's Office of International Program's 2008 Middle East Partnership Initiative Proposal (Fontenot) 3. Authorize Mayor to sign a Letter on behalf of the City of Bozeman supporting the Study of the United States Institute for Secondary Educators Proposal (Fontenot) 4. Authorize City Manager to sign a Public Access Easement for the Barnes Condos Development (Heaston) 5. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat of Allison Subdivision, Future Phases #P-06051 (Skelton) 6. Authorize City Manager to sign Sewer Pipeline and Access Easement and Agreement for Diamond Estates Subdivision No. 2, Phases II and III (Skelton) 7. Approve Beer and Wine or Liquor License Renewals for Calendar Year 2008 (Neibauer) 8. Approve Diamond Estates Major Subdivision No. 2, Phase II, Final Plat #P-07049 (Cooper) 9. Approve Resolution No. 4084, Certifying Delinquent City Assessments to the County (Shannon) 10. Finally adopt Ordinance No. 1728, Amending the Bozeman Municipal Code to provide for a New Chapter for the Neighborhood Recognition Ordinance (Fontenot) 0:13:46 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:14:00 Motion and Vote to approve Consent Items E.1-10. It was moved by Cr. Rupp, Seconded by Cr. Kirchhoff to approve Consent Items E.1-10. Those voting Ave being Cr. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:14:17 F. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:14:531. Delaney Request for Tax Abatement for Historic Preservation (Kramer) 0:15:14 Public Comment 29 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:16:14 Brian Gallik, Goetz Law Firm Mr. Gallik, representative of the applicant spoke, suggesting that the item be placed on the January 14, 2008 or January 21, 2008 agenda. 0:16:29 Motion and Vote to continue the Delaney Request for Tax Abatement for Historic Preservation to January 21, 2008 (Ulmen clarified it that the meeting will be the 22nd because the 21st is a holiday). It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson to continue the Delaney Request for Tax Abatement for Historic Preservation to January 21, 2008 (Ulmen clarified that the meeting will be the 22nd because the 21st is a holiday). Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being Cr. Rupp. The motion carried 4-1. 0:17:06 2. Decision regarding Disposition of the Story Mansion Property (Kukulski) 0:17:15 Mr. Kukulski Mr. Kukulski explained the background of the Story Mansion property. City Staff needs direction from the City Commission whether to keep the property for public use or to sell the property for private use. 0:28:59 Public Comment Mayor Krauss opened public comment. 0:29:12 Jane Klockman, Public Comment Ms. Klockman of 713 South Wilson, spoke regarding the Story Mansion. She feels the property should stay in the ownership of the City. 0:33:08 John Harrison-Public Comment Mr. Harrison from the Sigma Chi Futurity, 722 South Wilson, stated that the Community would benefit by keeping the Story Mansion. 0:3 3 :5 8 Rachael Wallace, Public Comment Ms. Wallace of 401 South Wilson, urged the City to keep the building in the public domain. 30 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 0:36:55 Piece 1Vfullen-Public Comment Mr. Mullen of 11 Hill Street, stated the Story Mansion has a strong element of fitting the City's needs. Mr. Mullen read a letter from Esther Nelson who also supports the property for public use. 0:40:24 James Goetz, Public Comment Mr. Goetz of Goetz, Gallik & Baldwin, stated that he supports public efforts but is not sure if it is economical. He has an interest in purchasing the property. 0:43:52 Michael Dean, Public Comment Mr. Dean of 617 North Wilson, stated he is in favor of keeping the Story Mansion in public hands. 0:45:05 Steve Wallace, Public Comment Mr. Wallace of 401 South Wilson, spoke regarding his support of keeping the property in public use. 0:45:58 Bob Ekey, Public Comment Mr. Ekey of 719 South 6th Avenue, stated that there are not many historic sites in the City, and wants the City to keep the property in public use. 0:48:05 Robert Dune, Public Comment Mr. Dunge of 702 South Grand, urged that the property stay in City control. 0:49:06 Mellisa Richey, Public Comment Ms. Richey of 205 South 7th, stated that she is in favor of keeping the property in public hands. 0:49:54 Bob Rydell, Public Comment Mr. Rydell of 622 South Grand Avenue, urged the City to keep the property in the public omaln. 0:52:00 Dede Taylo~, Public Comment Ms.Taylor of 8 West Harison Street, spoke regarding Bowman's preservation ethic. 0:54:05 Chris 1Vixon, Public Comment Mr. Nixon of 719 North Wallace Avenue, spoke in support of keeping the Story Mansion in public domain. 0:57:38 Ma~~o Bennett, Public Comment Ms. Bennett of 549 Doane Way, stated that she lives in the County but that her and her husband believe the property should remain in the public domain. 31 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 0:58:31 Public Comment closed. Mayor Krauss closed public comment. 1:10:03 M= to place the Story Mansion property into the Bozeman Parks System. It was moved by Cr. Rupp, Seconded by Cr. Kirchhoff to place the Story Mansion property into the Bozeman Parks System. 1:10:13 Discussion 1:12:57 Cr. Jacobson Cr. Jacobson wondered if the property is turned into a dedicated park, would it be possible to lease office space to another public entity. 1:13:25 Andy Epple, Planning Director Mr. Epple stated that this option would need to be researched. 1:40:44 Vote on the Motion to place the Story Mansion property into the Bozeman Parks System. Those voting Ave being Crs. Rupp, Kirchhoff, Jacobson, and Becker, Those voting No being Mayor Krauss. The motion carried 4-1. 1:40:56 M= to authorize the City Manager to move X50,000 of reserve money. It was moved by Cr. Rupp to authorize the City Manager to move X50,000 of reserve m 1:42:53 Clarification of Motion to direct the City Manager to come back with a budget amendment of X50,000 to get the Save America's Treasures Grant in operation. 1:43:51 Second on the Motion to direct the City Manager to comebackwith a budget amendment of X50,000 to get the Save America's Treasures Grant in operation. Seconded by Cr. Jacobson to direct the City Manager to comebackwith a budget amendment of X50,000 to yet the Save America's Treasures Grant in operation. 1:44:08 Mayor Krauss Mayor Krauss clarified that the motion is to bring back a budget amendment to allow the expenditure of $50,000 out of the general fund to match the Save Americas Treasure Grant. 1:44:18 Cr. Rupp Cr. Rupp added as well as the in-kind that has been spent. 32 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 1:44:24 Discussion 1:44:41 Mr. Kukulski Mr. Kukulski suggested that a plan for the building should be brought back with the budget amendment. 1:48:36 Vote on the Motion to direct the City Manager to come back with a budget amendment of X50,000 to get the Save America's Treasures Grant in operation. Those voting Ave being Crs.Rupp, Jacobson, Becker, and Kirchhoff. Those voting No being Mayor Krauss. The motion carried 4-1. 1:48:50 M= to add this property to our list that we created in our work sessions a few months ago of properties moving to park status. It was moved by Cr. Rupp, Seconded by Cr. Becker, to add this property to our list that we created in our work sessions a few months ago of properties moving to park status. 1:49:10 Mayor Krauss Mayor Krauss explained that the Commission named 3 or 4 properties that they wanted to have resurveyed to dedicate as park land. The motion is to include the Story Mansion property to the 1St. 1:49:47 Discussion 1:49:52 Vote on the Motion to add this property to our list that we created in our work sessions a few months ago of properties moving to park status. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker. Those voting No being Mayor Krauss. The motion carried 4-1. 1:56:24 Mayor Krauss Mayor Krauss suggested that Kukulski consider a staff member be dedicated as a project manager for the Story Mansion project. 1:57:50 Break 2:18:34 3. Resolution No. 4082, Transportation Impact Fee Study Update, opened and tabled to December 10, 2007 from November 26, 2007 (Saunders) 2:19:59 Tim Dean, Chairman of the Impact Fee Committee 33 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 Mr. Dean stated that the Impact Fee Study Committee has looked over the Transportation Impact Fee Study and highlighted the board's issues. 2:23:04Ron Kaiser, Impact Fee Committee representative Mr. Kaiser spoke for those from the Impact Fee Committee who voted in favor of the Transportation Impact Fee study. 2:27:22 Debra Becker, Impact fee Committee representative Ms. Becker spoke for those from the Impact Fee Committee who voted against the Transportation Impact Fee study. 2:40:15 Public Comment Mayor Krauss opened public comment. 2:40:24 Shawn Cote-South West 1Vlontana Building Industry Association (SWIVIBIA) Public fnm~pnt Mr. Cote spoke regarding the Impact Fee Advisory Committee's deadlocked decision on the Transportation Impact Fee Study. Mr. Cote highlighted the telephone conference conversations with Tindale-Oliver on how to determine the proper impact fee. 2:43:36 Dennis Carlson, GovernmentAffairsDhector for the Gallatin Association of Realtors, Public Comment Mr. Carlson of 1345 Nelson Road, spoke regarding the concerns of the Gallatin Association of Realtors. 2:44:53 Public comment closed. Mayor Krauss closed public comment. 3:06:57 Vote to resolve the current Motion: "It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson, that we zero out and abandon Transportation Impact Fees". (from November 26, 2007). Those voting Ave being Crs. Kirchhoff, and Rupp. Those voting No being Crs. Jacobson, Becker, and Mayor Krauss. The motion failed 2-3. 3:09:32 Mo=to accept the (Transportation Impact Fee) Study as given to us (Includes hand-outs presented by Mr. Saunders). It was moved by Cr. Kirchhoff ,Seconded by Cr. Jacobson to accept the (Transportation Impact Fee) Study as given to us. (includes hand-outs presented by Mr. Saunders). 34 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 3:09:38 Discussion 3:20:36 Reiteration of Motion to accept the (Transportation Impact Fee Study) report. It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson to accept the (Transportation Impact Fee Study) report. 3:20:44 Discussion 3:24:12 Cr. Kirchhoff Cr. Kirchhoff asked for clarification that his motion to adopt the study included Policy Options (listed in the Staff Memorandum) A, C, D, E, and F. 3:24:27 Mr. Saunders Mr. Saunders clarified that the motion would skip C, drop D, E, include F, and drop G(Policy Options listed in the Staff Memorandum). 3 :24:3 5 Cr. Kirchhoff Cr.Kirchhoff asked that it be clarified if his motion includes the affordable housing option. 3:24:39 Mr. Saunders Mr. Saunders stated the motion would leave in the affordable housing option. 3:28:11 Vote on the Main Motion to accept the(Transportation Impact Fee) Study (Approving Resolution No. 4082, Transportation Impact Fee Study Update) as given to us. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Rupp. Those voting No being Mayor Krauss. The motion carried 4-1. 3:28:53 4. Provisional Adoption of Ordinance No. 1730, Amendments to Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fee Study, opened and tabled to December 10, 2007 from November 26, 2007 (Saunders) 3:29:03Mr. Saunders Mr. Saunders stated that Ordinance No.1730has been updated since the first reading. 3 :3 3 :3 3 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 35 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 3:42:07 Mo=to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fees Study with adjustments, with the same effective date as Resolution No. 4082 and Ordinance No. 1730, to phase in initially at 72% over the course in 12 months going to 100%. It was moved by Cr. Becker, Seconded by Cr. Rupp to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24 Impact Fees, to incorporate the Transportation Impact Fees Study with adjustments, with the same effective date as Resolution No. 4082 and Ordinance 1730, to phase in initially at 72% over the course in 12 months ~oin~ to 100%. 3:43:04 Discussion 3:44:43 Motion withdrawn. Cr. Becker withdrew his motion to provisionally adopt Ordinance No.1730, amendments to Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fees Study with adjustments, with the same effective date as Resolution No. 4082 and Ordinance No.1730, to phase in initially at 72% over the course in 12 months going to 100%. 3:50:20 M= to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730. It was moved by Cr. Becker to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730. 3:50:48 Motion Seconded to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730. The Motion was Seconded by Cr. Rupp, to implement (Transportation Impact Fees) at 100°/a, phasing in at 60°/a for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730. 3:50:51 Discussion 3:50:56 Vote on the Motion to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730. Those voting Aye being Crs.Becker, and Mayor Krauss. Those voting No being Crs. Rupp, Kirchhoff, and Jacobson. The motion failed 2-3. 36 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 3:55:01 Motion to Reconsider our prior vote. (to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730). It was moved by Cr. Rupp, Seconded by Cr. Becker to reconsider our prior vote. (to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730). 3:55:32 Vote on the Motion to Reconsider our prior vote. (to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730.) Cr. Kirchhoff asked for Clarification on the Motion. 3:57:31 Vote on the Motion to Reconsider our prior vote. (to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730). Those voting Ave being Crs. Rupp, Becker, Kirchhoff, and Jacobson. Those voting No being Mayor Krauss. The motion carried 4-1. 3:59:53 Vote on the Motion to implement (Transportation Impact Fees) at 100%, phasing in at 60% for 12 months with the same effective date for Resolution No. 4082 and Ordinance 1730. Those voting Ave being Crs. Becker, and Kirchhoff. Those voting No being Crs. Rupp, Jacobson, and Mayor Krauss. The motion failed 2-3. 4:00:33 Mo=to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fee Study with phasing in 60% of the maximum net impact fee for the first 6 months and at that point, phase it in at 100%. It was moved by Cr. Jacobson, Seconded by Cr. Rupp to provisionally adopt Ordinance No. 1730, amendments to Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fee Study with phasing in 60% of the maximum net impact fee for the first 6 months and at that point, phase it in at 100%. 4:01:45 Discussion 4:01:47 Mayor Krauss Mayor Krauss suspended the rules for 1 minute. 37 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 4:01:56 V= to provisionally adopt Ordinance No.1730, amendments to Chapter 3.24 Impact Fees to incorporate the Transportation Impact Fee Study with phasing in 60% of the maximum net impact fee for the first 6 months and at that point, phase it in at 100%. Those voting Ave being Crs. Jacobson, and Rupp. Those voting No being Crs. Kirchhoff, Becker, and Mayor Krauss. The motion failed 2-3. 4:02:31 Mo=to accept the impact fees at 100°/a and implement impact fees at 60%. It was moved by Cr. Becker, Seconded by Cr. Kirchhoff to accept the impact fees at 100°/a and implement the impact fees at 60%. 4:02:48 Discussion 4:03:17Mayor Krauss Mayor Krauss suspended the rules for 5 minutes. 4:04:27 VV=to accept the impact fees at 100% and implement the impact fees at 60%. Those voting Ave being Crs. Becker, Kirchhoff, and Mayor Krauss Those voting No being Crs. Jacobson, and Rupp. The motion carried 3-2. 4:04:45 5. Provisional Adoption of Ordinance No. 1734, Revising Chapter 5.32 of the Bozeman Municipal Code, pertaining to Regulation of Pawn and Secondhand Shops (Knight) 4:05:25 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 4:05:45 Motion and Vote to provisionally adopt Ordinance No. 1734, Revising Chapter 5.32 of the Bozeman Municipal Code, pertaining to Regulation of Pawn and Secondhand Shops. It was moved by Cr. Jacobson, Seconded by Cr. Kirchhoff to provisionally adopt Ordinance No. 1734, Revising Chapter 5.32 of the Bozeman Municipal Code, pertaining to Regulation of Pawn and Secondhand Shops. Those voting Ave being Crs. Jacobson, Kirchhoff, Becker, Rupp, and Mayor Krauss. 38 Linked Minutes of the Bozeman City Commission Meeting, December 10, 2007 Those voting No being none. The motion carried 5-0. 4:06:13 H. Special Presentation- National Citizen Survey Presentation (Kukulski) This item will be moved to a future agenda. 4:06:15 I. FYIIDiscussion 4:06:32 J. Adjournment The meeting was adjourned at 10:06 pm. Jeffrey K. Krauss, Mayor ATTEST: Stacy Ulmen, City Clerk PREPARED BY: Stacy Ulmen, City Clerk Approved on 39 LINKED MINUTES OF THE POLICY MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA Thursday, December 13, 2007 The Commission of the City of Bozeman met in the City Commission Room at City Hall, 411 East Main, on Thursday, December 13, 2007 at 12:30 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, City Attorney Paul Luwe, Assistant City Attorney Tim Cooper, Director of Finance Anna Rosenberry, Municipal Judge Karl Seel, Director of Public Safety/Police Mark Tymrak, Public ~Uorks Director Debbie Arkell, City Engineer Rick Hixson, and Deputy City Clerk Cynthia Jordan Delaney. 0:24:18 A. Call to Order -12:30 pm - 2:00 pm -City Commission Meeting Room, City Hall, 411 East Main Mayor Krauss called the meeting to order. 0:24:21 B. Pledge of Allegiance and Moment of Silence 0:25:27 C. Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:25:40 D. Round Table Discussion (Identifying potential future agenda items arising from the prior City Commission Meetings of November 13,19, 26, and December 3,10, 2007) 0:26:10 Cr. Kirchhoff Cr. Kirchhoff stated that the impact fee issue is still unsettled in his mind. He doesn't have a sense of what the implications will be for the Capital Improvement Program with street impact fees at 60%. He asked if staff could put together the immediate easy-to-spot consequences to the CIP. 0:29:30 Cr. Rupp entered. Cr. Rupp entered the meeting. 0:29:31 Cr. Kirchhoff Cr. Kirchhoff wanted to investigate the territory in between the 60% and 100% of impact fees in the CIP. He is curious to know if it is worthwhile for staff to give them this CIP information, or if the Commission would like to reconsider or make a subsequent motion. 0:30:52 Cr. Jacobson Cr. Jacobson said that she votes for that. 0:31:00 Cr. Rupp 40 Bozeman City Commission Policy Meeting Minutes, December 13, 2007 Cr. Rupp expressed concerns about how the CIP works. Without a doubt, we need to be closer to the 100% impact fee figure. He is uncomfortable about this disconnect and is interested in whatever actions it takes to get that gap closed. 0:40:06 Mr. Kukulski Mr. Kukulski stated that they will put it as an action item on the January 14 agenda so the Commission can choose what action, if any, to amend or alter it. The staff will bring information about the ramifications of leaving it at 60% indefinitely. 0:44:54 Cr. Rupp Cr. Rupp asked if they are moving this back on to Monday, December 17. 0:45:03 Mayor Krauss Mayor Krauss said he's not supporting that. 0:45:08 Cr. Jacobson Cr. Jacobson said she would support it if two others did. 0:46:27 Mayor Krauss Mayor Krauss asked the Commissioners if they would like to put "setting of the impact fees" on the agenda again. 0:46:3 0 Cr. Jacobson Cr. Jaco son sal yes. 0:48:36 Mr. Kukulski Mr. Kukulski confirmed that second reading is a natural time for it to come back in January. As a staff we know to highlight to you some issues of what we believe the effects of 60% are on the CIP. 0:49:28 Mayor Krauss Mayor Krauss stated that a potential future agenda item is the issue of graffiti and how it is dealt with in the City, especially at the old library/new City Hall. 0:50:22 Cr. Becker entered. Cr. Becker entered the meeting. 0:50:43 Mayor Krauss Mayor Krauss wanted to minimize and prevent future damage to the old library: either get a camera, alarms, or triggered lights. He wants to go the extra mile to take steps now. 0:52:57 Cr. Rupp Cr. Rupp wanted to make sure the discussion isn't just about the City's properties since there needs to be a broader graffiti policy and law enforcement discussion for the whole City of Bozeman. Be productive about it. 2 41 Bozeman City Commission Policy Meeting Minutes, December 13, 2007 0: 5 3: 3 9 Mr. Kukulski Mr. Kukulski believes it is a community-wide issue. He said that public discussion will be on the January agenda. 0:54:39 E. Policy Discussion 0:54:41 1. Red Light Running Traffic Camera Presentation (McLanelRedFlex Traffic Systems) 0:55:04 Lt. Rich McLane Lt. McLane introduced Darren Kolack from Redflex Traffic Systems to present information, answer questions about obstacles and successes, and get better direction about where we go from here. 0:55:53 Darren Kolack, Regional Sales Manager of Redflex Traffic Systems Mr. Kolack gave a presentation about photo enforcement in the U.S. and bringing it into Bozeman. 1:27:28 Mark Tymrak, Director of Public Safety/Police Mr. Tymrak said he needs to see particulars about the workload and the contract and get educated. His personal opinion is that this is controversial, but he thinks it's worth a try. 1:28:05 Mr. Luwe Mr. Luwe listed the steps that he sees need to be done: select a vendor and enter into a contract, do the enabling ordinance, decide with police help where to place cameras, work on the internal process and staffing, and coordinate with finance and courts. The internal process may take some time. 1: 3 0:04 Cr. Kirchhoff Cr. Kirchhoff raised issues about the Police Dept. workload and legwork, renegotiation of a contract, and expressed his privacy concerns about cameras and surveillance. 1:33:05 Cr. Jacobson Cr. Jacobson said she doesn't feel paranoid about surveillance cameras, and the increase from 400 to 1600 accidents is unacceptable. She wants to try this. 1:34:49 Mayor Krauss Mayor Krauss said he is in favor of going ahead with this and trying it out. His business plan will be to enter into a contract that works for us. There is nothing to lose by giving it a try. 1:36:32 Cr. Becker Cr. Becker asked questions about warrants, the Transportation Plan, the number of cameras necessary, and statistics, and he expressed his concern about it being probable cause for further investigations. 3 42 Bozeman City Commission Policy Meeting Minutes, December 13, 2007 1:40:22 Mr. Tymrak Mr. Tymrak stated that the frontal shot is optional. If they are focusing on the back of car and the license plate and making this a civil violation for running this a red light, that is the direction he would choose to go. If they did opt for the frontal shot, they would follow up only on a wanted person for a serious crime. 1:42:12 Mayor Krauss Mayor Krauss said that the Commission is tied two to two about investigating the traffic cameras, and he asked Cr. Rupp about his opinion. 1:42:16 Cr. Rupp Cr. Rupp said that if cameras move in the direction of affecting driver behavior, he wants that accomplished and wants to start moving on this. He wants the camera that attaches to the utility pole. Start downtown but expand to 19th and Main and 7th and Main. 1:43:59 Mr. Kukulski Mr. Kukulski said he will bring back to the Commission the statistical analysis as to what are the most dangerous intersections and where the most accidents take place that can be corrected. 1:44:15 G. Adjournment Mayor Krauss adjourned the meeting. Jeff Krauss, Mayor ATTEST: Stacy Ulmen, City Clerk PREPARED BY: Cynthia Jordan Delaney, Deputy City Clerk Approved on 4 43 _ i ,` ~ ~ i-. . ,ice ~` ~ e 4 T ~ ~ "~` Yr ~~ ~ W. .. a.: ~ ~ ~ ~y 41 6:r ~ , ~t ~ ~~ 4 . 'N - .~.x ` 1 ~ ~ ~~~; ~,~ ,• L. Commission Memorandum REPORT T0: Honorable Mayor and City Commission FROM: Brian LaMeres, City Controller and Chris Kukulski, City Manager SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: January 7, 2008 BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. However, under Section 7-1-4124 MCA a municipality has the power to ratify any action of the municipality or its officers or employees that could have been approved in advance. Because the Commission did not meet on December 24 or December 31, no claims were approved for those weeks. The Commission is therefore now being asked to approve three weeks' worth of claims this week. The first two sets of claims cover the weeks preceding December 24th and 31St -which have already been paid -and the third is the current set of claims for this week, which are scheduled to be paid on Tuesday, January 8. RECOMMENDATION: The City Commission approve payment of all claims. FISCAL EFFECTS: The total amounts of the claims paid and the claims to be paid are presented at the bottom of the Expenditure Approval Lists. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Brian LaMeres, City Controller Approved by: Chris A. Kukulski, City Manager Report compiled on January 2, 2008 44 %3 °- ice, ~ ~ , ~~ :~' W ;`-~ F.- ]~ `~ t~ b, e . ,~..~~, ~i ~~ ,~ I ~~ ~ ~ ~~~ V°. n . ~,. ,,..;, ~.~ ~{ H _ ~1 ~. b.~' Commission Memorandum REPORT T0: Honorable Mayor and City Commission FROM: John Van Delinder, Street Superintendent Chris Kukulski, City Manager SUBJECT: Signal Maintenance Agreement for the County Owned Traffic Signal at Amsterdam and Thorpe Roads MEETING DATE: January 7, 2008 Consent Agenda RECOMMENDATION: That the Commission authorize the City Manager to sign the agreement between Gallatin County and the City of Bozeman for the repair and maintenance of the traffic signal equipment located at Amsterdam and Thorpe Roads. BACKGROUND: The City of Bowman's Sign and Signal Department maintains and repairs its own traffic signals and through a contract with the Montana Department of Transportation also repairs their signals. The County currently has one signal and no one on staff qualified to repair or maintain it. We have the staff, knowledge and equipment to repair and maintain it. Additional signals may be added by consent of the parties subject to the terms and conditions of this contract. FISCAL EFFECTS: None. The County will reimburse us for all expenses. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, John Van Delinder, Street Superintendent, Street Dept. Chris A. Kukulski, City Manager Report compiled on December20, 2007 45 eel , ~? _. r ~ ~ ~ i- ~-- N _. ~' ~. i-.. . ~~' ~. ~~., ~ ~ ,~ ~~ p o I ~ ~ ~ - r ~ ~ ~ ~. ~ ii ~` .. Thy ~~~~ ~- on~~.c .~,~~in ~ ~ ~ e~~~ i .~. I ~i s~ .. ~i ~ ,~ ~°~.~ ice ~~~°, I ~. ~~i~~~ sig. ~ ~ ~~~ca~,~ ~~~~~ ~~~ .~t~r~ ~~ it ~c~r~~r 46 TY TAT f~l~ CGJf~YY COd~TR,4CT ~OUy,l~G 'F~at1/+ *ALL FIELDS MUST BE FILLED OUT PRIOR TO CAO/~ISCAt/ATTC?RNEY APPRC?V~4L *~-LL CONTRACTS 1V~UST BE SIG~JED gY OUTSIDE PARTY PRIOR TD ROUT[NG TO CA/FISCAL O~~ICER; UPt~N CA/FISCAL APPROVAL CONTRACT WELL BE ROUTED TO COUNTY ATTORNEY T ~~ f ~ r~ Find ~e~rr r~ n llr nt, r ~~ rtr~r~~ ~ ~ ~rfrrr~ ~r If tai ~~~~t rn car i ~r~r ~~ rr~~ ~~n~r~~~, i a~r°r~~ r~ . ~I~ L Y ~~~T ~ lT U DATA SIGNED BY BOARD O~ CC~~JNTY COMMISSIONERS: I off../ (~i~- DATE CLERK AND RECORDER DISBURSED COPIES; / /~/ 'I~~e~e are ~~o c~~Il~s ~~ ~~~ ca~~~~c~. lP~~~s~ ~~r~ ~~ ~~m~ n~~~~~ si p Ib~~~ c~p~e~ ~~~ re~u~-~rn ~~~ o~ ~1~~ ori~~~a~ sets 47 ~lI~ ~ 1~ '. 'I ~'~~ ~I ~. - ~'~~~~ ~.~.T~ ~~ III I'~ ~ ~. 48 ~~~~on~,~ ink ~ ~~~~ c~nen ~~~le ~~ njec ~ e .n ~~n~~~n a~ ~canr~, ~I' This ~.nt i ~~ ~n n un~~ ~e~vvie r~ ~ .r~~e~ in ~vritn~ ~~- ~'.'~ n e~.zna~ n~ . ~~ c~`:~~fn~.n~n n ~.~~ir~ ~ ~~af~~ ~n eu1rt~n~ c~v~~r~ ~nr tl ~re~n~~n ~~ ~ ..::~~~ ~~i~ ~ #.~. ~~1~~~ ~ ~;.~~1 ~~ ,V .; '~ ~ ; } r~ ~ ~ ~_ . ~ ~r~; ~ gun ~~1~ ~..~ yin ~iun` o ~~ c~~ne the ~cn ~nt~ can r .~ ~ i~~ n~c~~~~. iin ~ ~e~;~~ ~r ~ c~~n. n ~a~~ :~, ~~l~~n +~ ar~i sec ~rln. fi~ ~."~ A F °'~.J 411#1 '1 Y 1~ f' ,iJ . ~~rct Berne r the o~l.n~~ ':~ ~a r~ ~ tea ~n ~i~~~a~~. non tie c~n~ae n~ r~u~ ~n ~se~ ~i~~ ~n ~. ~ +~n `~a~in~ ~a~e ~~nan~ t ~I~`l~e ~ n~a.~nt~~~~ ~•e~anlle ~ o its ~~~~e~~~~nee nee ee~.en~ i ~. +~~n ~ ~ rec~ ~~ and cue .~~cnen ~ _ am 49 ~. ~~- nu~e~e~~ e e~~.~~~r~ ~, ~ ~~t, r~. O~.e~ alters, . c~ ~ , try necssiai~a a~ aust~nt ~ r~~~t, ~ ~ ire a~ c~.ii~~t~~~ ~~~~~ ~ separate ~~tn ~, +~ ~ .~. ~ that ~.r+e .~~~ prt~e ~ repaired ~~ ~` ~~ ~ ~ 50 ~~ s ~VI,I ~.~~ . I~~~~~ t l~~I~~la+~ TT. ~ i I~~ r~v~ L ~t ~rr~ '~ ~ ~fi~' .'ITT 4 51 Commission Memorandum REPORT T®: Honorable Mayor and City Commission FROM: Brian Heaston, Project Engineer Chris Kukulski, City Manager SI~BJECT: WaterSense~M Program Promotional Partnership, 1VIEET~NG DATE: January 7, 2008 -~ Consent Agenda RECOMMENDATION: Authorize Mayor to Sign a Promotional Partnership Agreement with the Environmental Protection Agency's WaterSense~M Program. BACKGROtND: The V.S. Environmental Protection Agency promulgated the WaterSense~M program in June, 2006 with the task of enhancing and promoting the market for water efficient products and services. WaterSense is apublic-private partnership sponsored and maintained by the EPA in cooperation with salient stal~eholders such as product manufacturers, retailers and water utilities. The program can be likened to the EPA/Department of Energy "Energy Star" trademarl~ and logo, with the distinction ofwater-efficiency in contrast to energy- efficiency. The goal driving WaterSense and those entities voluntarily partnering with the program is to conserve water resources for future generations and to reduce overall costs for water and wastewater treatment infrastructure. These values become especially important when put in the context of the City's rapid growth and finite water supply. WaterSense offers five (5) separate partnership categories, encompassing the full-range of the water-supply industry. The City of Bozeman will be considered a "Promotional Partner" (i.e. item number 3 below). 1, Manufacturing Partnership: Manufacturers that design innovative water-efficient products satisfying stringent performance and efficiency specifications, thusly earning the use of the distinguished WaterSense label. 2) Retailers and Distributors Partnership: Companies that bring to market WaterSense labeled products manufactured by partnering entities. 3) Promotional Partners: Utilities, state and local governments and other organizations that share information with WaterSense and promote Watersense labeled products. ® Cif" ~ ~TT'~ ~1~~~a" 52 4) Landscape Irrigation Professionals Partnership: Designers, auditors, and installers certified by waterSense to perform and implement water efficiency best management practices. 5) Professional Certifying Organizations Partnership: Administers certification and training programs as established by WaterSense. waterSense should prove to be a fantastic resource for the City's burgeoning water conservation program and will likely serve as a cornerstone upon which the conservation program can be built around. There are nearly 1$0 promotional partners (utilities, state and local governments, etc.) already enrolled and involved with waterSense since the time it was created only ayear-and-a- half aga. This number continues to grow at a steady pace and hopefully will include the City of Bozeman, which subsequently would became the first waterSense promotional partner within the State of 11~ontana. Attached with this memorandum are a completed Partnership Agreement and Promotional Plan Checklist. The mayor need only sign and date in the location indicated and return to the Engineering Department, attention Brian Fleaston. FISCAL EFFECTS: There are rio costs associated with entering into the waterSense Promotional Partnership. Any subsequent costs that may be incurred as a result of the partnership (i.e. purchasing of informational materials, bill stuffers, etc.) will be covered by the existing water Conservation budget item of the water Treatment Plant. ALTERNATIVES: Any as recommended or determined by the Commission. Respectfully submitted, Brian Heaston, Project Engineer Report compiled on December 2$, 2006 cc: Project File enclosures: (1) Promotional Partnership Agreement (1) Promotional Plan Checklist Chris A. Kukulski, City 1Vlanager 53 s~ ,.a x F. F ~= ~~ "he EPA waterSense program goals are to use- water resources more efficiently to preserve them for future generations and reduce water and wastewater infrastructure costs by reducing unnecessary water consumption. Through waterense, EPA will provide reliable information onhigh-performing water-efficient products and practices, raise awareness about the importance of water efficiency, ensure water-efficient product performance, help consumers dif- ferentiate among products and programs that use less water, promote innovation in product development,and sup- port state and local water efficiency efforts, As an EPA `vvater~ense program partner, T"e r't~, ~ ~vzema~ name of organization) shares EPA's goals as outlined above and is proud to commit to the following activities to further these goals: 1. Promote the value of water efficiency and water5ense labeled products and programs on an ongoing basis as an easy and desirable option for water users in our purview, such as customers, residents, businesses, and institutions, to reducewaterusage. Promotional partners mstalso completethe promotional plan checklist, which will be sent to the partner organization upon completion ofthis agreement. As appropriate, encourage eligible constituents, members, or affiliates to participate as partners in the EPA water~ense program. ~. Promote the value of water efficiency and water~ense labeled products on an ongoing basis as an easy and desir- ableoption for residents and businesses to reduce water usage. where feasible, sponsor rebate programs or other public events to promote vUaterSense labeled products and the benefits of water efficiency.. 4. Per u~ili~ie~ end avernn~~n~s.Provide EPA vuith data. for utility/government region or service area on gallons of water sold per year (or other time period partner specifies, price per gallon, gallons of wastewater treated per year (or other time period partner specifies and aggregate data on any rebates offered forwater5ense labeled prod- uctsand programs (e.g., total number of rebates processed). far ap~lica~ie grade ass~~iti~ns: Provide aggre- gate data to SPA on market share of 1NaterSense labeled products and programs in relevant industry. compile data submitted by members who are also waterSense partners into a summary report to assist EPA in evaluating market trends and the success of the waterSense program, without disclosing any proprietary information from members, Adhere to waterense logo, partner logo, and label guidelines and ensure that authorized representatives, such as advertising agencies,. distributers, and subcontractors, also comply. Nelp EPA maintain program integrity by alert- ing EPA to possible misuses} of the waterense logo or label, 6: Feature the waterense logo on web site and in other promotional materials. 7, grant the EPA waterense program permission to include partner's name on a list of participating partners on the waterSense web site, program materials, and announcements, Partners understand that from time to time, EPA will be interested in profiling partner accomplishments incase studies and articles. If selected for such promotion, partners will have the opportunity to provide input and review the final product prior to release to the public in EPA printed or web documents. Further, the partner understands that EPA might refer media contacts interested in publicizing water efficiency to partners for information about products anal accomplishments, ~, ..~a~~n F~,~ ~.,~~,Q= _ ~ H ~ ~~._ ... ~~~x 1. Develop national specifications-for water-efficient products and programs through an span, public process. ~. increase awareness of the water~ense brand by distributing key messages on the benefits of labeled products and programs, and the importance of water efficiency. Provide current EPA waterSense program news, information, and reference documents via the program web site, helpline, e-mail, or other means¢ including a listing of labeled products and programs on the web site. EPA Form Number 6~UD-oG 54 4. Provide waterSense program partners with public recognition for their involvement in the program and role in protecting the environment through online listing of partners, special award, and other efforts. ~fhis recognition includes, but is not limited to listing partners labeled products and programs on the FPA waterSense web site. J. Despond swiftly to partner requests far infarr~atian ~r clarification an EPA waterSe~~se program policies. ~. Dravida materials, templates, and logo far promotional use, consistent with the waterSense program guidelines. 7P review prepress promotional items, draft web sites, packaging or ether materials that use the waterSense loge and/or label, upon request. .W~~. app ~ ~~~~~`" ~~ ~~~,.~ ~, . ~".~'~t° ~ . The partner will not construe, claim, or imply that its participation in the EPA waterSense pragrarr~ constitutes fed- eral government EPA) approval, acceptance, or endorsement of anything other than the partner's commitment to the program. 2. The partner understands that the activities it undertakes in connection with the program are voluntary and not intended to provide services to the federal government. As such, the partner will not submit a claim for compensa- tion teeny federal agency. 3. The partner and the EPAWaterSense Program will assume good faith as a general principleforresolving conflict and will seek to resolve all matters infarmallyr sa as to preserve maximum public confidence in the program. 4, Failure to comply with any of the terms of this partnership agreement can result in its termination and cessation of access to the benefits of the program, including use of the program marks. S. The EPA waterSense program will actively pursue resolution of noncampliartice related to the use of the program marks, '' 6. Both parties concur that this agreement is wholly voluntary and may be terminated by either party at any time, and far any reason, with no penalty. Termination will begin effective immediately upon written notice to or from the EPA waterSense program, Upon ter~iination of this agreement, partners agree to remove program marks in a timely manner, consistent with the waterSense logo, partner lags, and label guidelines. To be com pie€ed 6y EPA Au~hr~rized-EPA Represeir~~aive (printed name): Title: Director, Municipal Support division ~-mail: watersense~a epa.gov Sig Hato re: Gate: Ts~ be cvmpJeted byPartrt~r Authorized Partner Re resentati~re' sprinted name; Kaaren Jacobson p Title; Mayor F-mail: kacobsan a~bozeman.net Signature: Date: Organization. Name: The City of Bozeman Number of employees: 336 Industry/SIC/NAILS node: Municipality Primary Contact: Dr.IMr./Mrs.fMs. Mr, Brian Neastan Suffix: Title: Project Engineer Dept: Engineering E-mail: bheaston a~bozeman.net Address: P.Q. Bax X230 CityfState/ZIP; Bozeman, MT 58771-1230 County: Gallatin v~leb site: www.bazeman.net Telephone: 405--582-2280 Fax: 406-582-2263 Alternate Telephone: NIA Primary function: ~ Communications/Public Affairs ~ Technical ~ other: How did you find out about this program? ~ web site ®Peferral, Name:, ~ Periodical ~ workshop, Sponsor: ~ Mailing ~ Other: 'The Authorized Partner Representative should be a person in the arc~ar~izatian with signing authority (e.g., vice president). EPA Form Number 6~ ~0-06 55 ~x: X70} 841-1446 l~l~ ~Vaterense, c~a R~, 23U6 vUilsan Blvd, ~Ulte ~a, Arlingtan,l/A X2201 6ectr~r~ica~1: If you have Adobe Acrabat standard ar Professional, you can fill out the form electranically and e-mail it to~ ~~, ~E ~ ~ ' . ~ ` ~'~:• Acrobat Reader users must print farms after filling them aut and fax or mail them in. Please contact the ~Na~er~en~e Nelpline at (866 VTR-SNS (9~~`-~~'~67) if you have any questions about eligibility, partnership, ar for general program inquiries. After signing, SPA ~riil send partners an executed copy of this agreement. Tire ~ubiic reporting and record keeping burden fc~r this coliection of information is estimated to average 8 hours per respcrnse. Send comments an the Rgency"s need ', for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respander~t burden, inclining through the use of auto- mated collection techniques to the C~~irector, Collection Strategies Divisi~an, ~.~. Environmental Brotection Agency (Z822T),12~g Bennsylvania Ave,, N1N, Washington, D.C. x.0460. Inciude the OMB control number ih any correspondence. Da not send the completed partnership Agreement to this addi"ess, 56 .:fit ~~ ~~. ~ w~~~~~ . ~t.~b~ m :~ ~. ~ry~ i~~~~ Organizatian Name: The City of Bozeman Main Promotional or Marketing Contact 4for questions regarding this plan). Name. Brian Hesston Telephone: 406-582-2280 1=ax; 406-582-2263 -mail; bheaston a~bozeman.net Number of residential customers in service area; ~36,.000 As we build a national brand for water efficiency, water5ense invites its promotional partners to use the WaterSer~se logo, messages, and materials in outreach and educational activities prorr~oting water-efficient products and practices in a manner consistent with waterense guidelines, In which of the Following areas do you plan to use the waterSense logo and/or label for promotional purposes? ~ Consumer education and outreach campaign Community events and/or retail promatians ~ web site Rebate program that refers to the watersense label (please describe. below) Bi11 staffers, brochuresr or ether constituent communications ~ Advertising/public service announcements please specify which and where they will be placed) ~ Turnkey outreach campaign with vVater~ense brand (please describe belovv~ ® schools, institutians, or cor~rnercial outreach ~ Other (please describe in detail below} Rebate Program; Envision V1later~ense products for rebate programs with higher monetary incentives than non-labeled products. Turnkey: City water conservation program is in its infancy and yllaterSense will- likely be relied upon heavily in getting the program off and running, specifically in reference to website materials and community marketing. 'Please use the same organization name used on your partnership agreement. If you do not yet have a partnership agreement, please contact us at (866) ~~'R-SE~15E (987-7367) to complete one. Far utilities only. EPA Dorm Number 61 g0-ob 57 wtorSense would life to know more about your current and planned water-efficiency outreach efforts to assess how wo can best servo our partners.. Please include activities such as education campaigns, rebates, irrigation audits, ar other programs that focus on specific indoor or outdoor water use. 1) what activities or incentive programs do you currently conduct to educate cansumers~businessos about water efficiency? ~f you have a web page for your water efficiency program, please provide the URL.~ A Toilet replacement rebate program is in the works, but has not been formally launched,. Consumer education has been limited to bill staffers in the past. Canservafiian web page has yet to be formulated . ~) what new activities or incentive programs will you consider conducting to educate consumerslbusinosses about VvatorSenso? WaterSense toilet replacement rebate program; WaterSense shawerhead giveaway (once approved products are available); water5ense aeratarlllow restrictor giveaways website information materials; bill staffers; landscape controller rebate program (once approved products are available)y water audits by 1NaterSense certified individuals, 3) As the program evolves, WaterSense will continue to create tools and materials for partners. vlle're interested in your feedbacks please lot us know how wo cap assist your efforts to promote water efficiency and waterSense products and programs. ~ Template promotional tools, such as: ® Assistance in technical areas ~e.g., performance contracting} C Case studios of successful promotional efforts (~ Partnerships with government, retail, or nonprofit programs C~ ether: fax: (708) 841-1440 ~lai~. waterSense, cla ERC, X300 Wilson 81vd, Suite X50, Arlington, VA ~~Z01 Elec~r~nic~lly: If you have Adobe Acrobat Standard or Professional, you can fill out the form electronically and e-mail. it to. ~~~ ~~.~ __ . _ ~ _ *. Acrobat Reader users must print forms after filling them out and fax or mail them in. Please contact the watorSonse Helpline at (8~5) ~NTR-SENSE (98?-7867) if you have any questioi""~s about eligibility, partnership, arfor general program inquiries. ~'he public reporting and record keeping burden for this collection of information is estimated to average 13 hours per response Send comments on the Agency's need for this inforrnation, the accuracy of the provided burden estimates, and any suggested methods for minimising respondent i;aurden, including through the use of auto- : mated collection techniques to the Director, Collection Strategies Division, U.S, Environmental Protection Agency (~822T),120Q Pennsylvania Ave,, NW, Washington, D,C, QUO, Inclose the OMB control number in any correspondence. Do not send the completed promotional plan checklist to this address. EPA Form Dumber 61 g0-06 58 ~~"` ~ ; ~~ .~ ~- i a age # +~ ~_ ~ ~~ ~ ~ ,~. ~~u ~ ~~. ti,~ ~ L' '~~ ~,.y. -~,'s.,, Commission Memorandum REPORT T0: Honorable Mayor and City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Resolution of Annexation No. 4010 for East Gallatin Recreation Area & Old City of Bozeman Landfill Annexation, #A-06017 Consent Item MEETING DATE: Monday, January 7th, 2008 RECOMMENDATION: The City Commission adopts the Resolution of Annexation No. 4010 for the East Gallatin Recreation Area & Old City of Bozeman Landfill Annexation. BACKGROUND: An annexation application to annex 81.95 acres located north of Griffin Drive between Manley Road and North Rouse Avenue. The City Commission approved the annexation application on Monday, March 5th, 2007. The property is currently being serviced by the City of Bozeman Water & Sewer services. No substantial further development of the property is currently being considered. Since preliminary approval of this annexation, the Montana Department of Fish, Wildlife, & Parks (MDFWP) has expressed concerns over the City of Bowman's Engineering Departments Condition of Approval # 1; this condition is requiring fifteen (15) feet of additional Right-of Way on the East side of Manley Road be dedicated to complete the city standard total Right-of Way wide of 90'. MDFWP is concerned for two reasons; First, they say they cannot, under State law, give away public land for any purpose without being compensated with money or an equivalent amount of land for anything they give up; Second, much of the extra 15 feet would extend down over the bank of the lake and be too close to water's edge to ever allow road construction or work to be done within the 15 foot easement. MDFWP officials have indicated that this annexation will not occur if this easement is required. Under the circumstances, the City of Bozeman Planning and Engineering Departments are willing to waive this standard condition of approval. Our recommendation is that the Annexation Agreement be executed without this 15 foot right-of way easement. If desired, the City Commission may remove this item the Consent agenda to discuss further. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. Report compiled on January 2, 2008 59 j,~ ~' ~i ~ e ~ _ 5 - ~~,, , i F P ~'~"~ ~ T'ri ; ~ • • ~~~ ~ _ ~~~ Commission Memorandum ,~.'~ ti ~~' -` ~ `. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from annexation of the property, and costs from additional service demand. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at i, t . t if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager Report compiled on January 2, 2008 60 COMMISSION RESOLUTION N0.4010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND TO SAID CITY, KNOWN AS "TRACTS GL-2 & GL-3, LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E; AND TRACT GL-3 OF CERTIFICATE OF SURVEY N0.12, LOCATED IN THE SOUTHERN HALF OF THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTRY, MONTANA"AND HEREIN MORE PARTICULULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from 1Vlontana Fish, ~Iildlife, & Parks, 1400 S. 19~ Avenue, Bozeman, MT 59718, and City of Bozeman, 311 E 1Vlain Street, Bozeman N1T 59715, owners of the tracts of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as Tracts GL-2 & GL-3, located in the northwest quarter of Section 31, T1S, R6E, PN1Nl; and Tract GL-3 of Certificate of Survey No.12, located in the southern half of the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, State of Montana; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on 1Vlarch 5, 2007; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City's annexation policy and held on March 5, 2007; and WHEREAS, on March 5, 2007, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and other documents to 6'f proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and WHEREAS, on 1Vlarch 5, 2007, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; and WHEREAS, the provision of available services, including, but not limited to, rights-of--way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and impact fees to said contiguous tract is the subject of a written agreement between the City of Bozeman and 1Vlontana Fish, ~Iildlife, & Parks, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a certificate of survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. CPrtinn 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified so as to embrace and include such 81.95 acres of land, to wit, and as further described on Exhibit A, attached hereto A 81.95 acre Tracts GL-2 & GL-3, located in the northwest quarter of Section 31, T 1 S, R6E; and Tract GL-3 of Certificate of Survey No. l2, located in the southern half of the northwest quarter of Section 3 1, Tl S, R6E, PMM, located north of Griffin Drive between Manley Road and North Rouse Avenue, Gallatin County, Montana; and Section 2 The effective date of this annexation is , 2008. 6~ CPrtinn ~ The annexation of the above-described tract is subject to the terms of the Agreement dated by and between the City of Bozeman and Montana Fish, Wildlife, & Parks; and the extension of services plan prepared for the portion owned by the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day 2008. KAAREN JACOBSON, Mayor ATTEST: STAGY ULMEN, City Clerk APPROVED AS TO FORM: PAUL J. LUWE City Attorney 6~ ,.~ x ~~ ~~~ ~~ r ~~~~ ~~~~ r ,' . 5 ~~. ~ -rr ~~ f' r~. ~'~r`~ '` ~~ ° ~ - ^ ~~=_-- ~~~ Commission Memorandum FF~ ~~~ .. ~= ~,~ ,~. ~~u ~ Via. ~~° REPORT T0: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner SUBJECT: Manley Commercial Annexation #A-05014 Adopt Resolution of Annexation MEETING DATE: Monday, January 7, 2008 Consent Agenda RECOMMENDATION: That the City Commission accepts said Manley Commercial Annexation Agreement and formally adopt the Resolution of Annexation, Resolution No. 4093, to annex 15.411 acres to the City of Bozeman, Annexation File No. A-05014. BACKGROUND: An annexation application requesting to annex 15.411 acres located at the northwest corner of the intersection of Griffin Drive and Manley Road. The Commission voted 5-0 on April 3, 2006 to approve said annexation request with terms and contingences. Two, six month extensions to execute said Annexation Agreement was granted the applicant in order to address resolution of annexation of said lands with Montana Rail Link. Attached please end the signed Annexation Agreement, Annexation Map, and Resolution of Annexation. UNRESOLVED ISSUES: There are no unresolved issues at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property when developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Dave Skelton at dskelton(a~,bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Annexation Agreement and Annexation Map City Commission Resolution No. 4093 Report compiled on January 2, 2008 64 COMMISSION RESOLUTION N0. 4093 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from Manley Commercial Partners, LLC, one of the owners of a tract of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying at the northwest corner of the intersection of Manley Road and Griffin Drive, in the County of Gallatin, State of Montana; and WHEREAS, Manley Commercial Partners, LLC, is one of the current landowners of record of property described as Lot 1 of Minor Subdivision No.154 situated in the SWl/4 of Section 3 1, Township 1 South, Range 6 East, PMM, Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, Section 7-2-421 1, MCA requires that all annexations include full width of public streets and roads, including full width ofright-of way; and WHEREAS, Manley Road and Griffin Drive are public streets lying adjacent to, or through, the parcel initially requested for annexation, along with claimed 200-foot wide Montana Rail Link right- of way easement lying through said parcel, and no means has been identified to segregate those portions of the right-of way; and WHEREAS, Section 7-2-4314(1)(4) allows inclusion of railroad land in an annexation processed according to Title 7, Chapter 2, Part 43 MCA; and WHEREAS, neither Burlington Northern nor Montana Rail Link, a lessor and contract purchaser of the right-of way, have objected to being included with the annexation; and 66 WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on April 3, 2006; and WHEREAS, Commission Resolution No. 3889 was adopted by the City Commission on February 21, 2006 as Item 2 of the Consent Agenda, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as to include said contiguous tract within the corporate limits of the City; and WHEREAS, a public hearing on Commission Resolution No. 3889 was duly noticed and held on April 3, 2006; and WHEREAS, no members of the general public expressed objections to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on April 3, 2006, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with said Commission Resolution No. 3889; and WHEREAS, the provision of available services, including, but not limited to, rights-of way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and Greg and Susan Gianforte; and WHEREAS, said contiguous tract is the subject of Certificates of Survey, plats, or other documents filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, said contiguous tract is described as described as being Lot 1 of Minor Subdivision No.154, situated in the SWl/4 of Section 31, Township 1 South, Range 6 East, P.M.M Gallatin County, Montana; and 2 67 WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, M.C.A., the following- described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 15.411 acres of land, to wit: A tract of land being Lot 1 of Minor Subdivision No.154, situated in the SWl/4 of Section 31, Township 1 South, Range 6 East, P.M.M., Gallatin Country, State of Montana. Said parcel contains 15.411 acres more or less, and is subject to all existing easements of record or apparent on the ground; and Section 2 The effective date of this annexation is January 7, 2008. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of January 2008. KAAREN JAC OB S ON Mayor 3 68 ATTEST: STAGY ULMEN City Clerk APPROVED AS TO FORM: PAUL J. LU~UE City Attorney 69 Interoffice Original to. City of Bozeman Planning Department 20 East Olive Sheet MANLEY COMI~IERCIAL ANNEXATION ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this day of 2007, by and between the CITY OF BOZEMAN, a municipal corporation and poht~cal subdivision of the State of 1Vlontana with offices at 411 fast Main Street, Bozeman, Montana 59`171-064Q, hereinafter referred to as ''City", and MANLF~Y COMMI~RCIAL~ PART'1e7ZR5, I.~.L.C., P.O. Box 4776, Bozeman, Montana 59772-8337, hereinafter referred to as "Landowner". WHEREAS, Landowner is owner in fee of a tract of cextai~. real property, hereinafter referred to as the MA.IVLEY COMMERCIAL AIITNEXA~"IC).14~tract situated in Gallatin County, Montana, and mare particularly described as follows. A Tract of land being described as Lot 1 of Minor Subdivision No. 154 situated in the SW ~/4 of Section 31, T1S, RGE, P.M.M., Gallatin County, State of Montana. Said Tract of land being 15.411 ± acres more or less along with and subject to any and all existing easements. WHEREAS, Manley Commercial Partners, LTC, has on behalf of the Landowner petitioned the City fox annexation of said tract of land; and WHEREAS, the MANLEY~ COMMERCIAL ANNE.~ATIO~V is not within the corporate htnits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43. Manley Commercial An~exatian Agreement 1 70 '~UHEREAS, all parties recognize that the annexation of the 1VIANLEY COM1t1ERCIAL ANN.~XATIDN pursuant to Section ~-2--4305, et seq., M.C.A. will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and ~1HEREAS, the City's present water supply and sewer collection system is insufficient to enable it to supply reasonably adequate water and sewer service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the MANL.EY CDIVIIIVIERCIAL ANNEXATION will impact area streets, and that future improvements may require additional public sheet improvements for traffic circulation on Csriffin Drive and Manley Road; and WHEREAS, all parties recognize that the development of the .~IANLEY CQNIMERCIAL ANNEXATIONwill impact the intersection of Griffin Drive and Manley Road.; and, WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the 111ANLEY C4.~VIMERCIAL ANN~XATI4N; and "~IHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service available to furnish water and wastewater collection, and provide traffic circulation far development near and within the MANLEY COM111.FRCIAL ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply, wastewater collection and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and Manley Commercial Annexation Agreement 2 71 WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by the City is necessary and of mutual advantage to the parties hereto. wI~EREAS, the parties have determined that it is in the best interests ~f the City and Landowners, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. wTNESETH; IN CDNSTDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. ~. A11f1eXat1011 The Landowner, Manley Clommercial Partners, LLC filed an application for annexation of the MA..Il1LEY Cf~MMERCIAL ANNE.~A ~.~C)N with the City on November 21, 200 5. The City, on February 21, 2006,. adopted a Resolution of intent to Annex the MANLEY COMMERCIAL A11~NEXAT10~11: By execution of this Agreement, the City has manifested its intention to annex the MANLEY COMMERCIAL AN.N..F.,"XATIO.IV tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the MANL.EY COMMERCIAL ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the MANLEY COMMERCIAL ANNEXA7"IONtract to the City. N~anley ~omrr~ercial Annexation Agreement 3 72 3. Services ~'rovided `.I~he City will, upon annexation, make available only existing City services to the extent currently available,. including municipal water service, municipal sewer service, police protection, and fire protec~.on, to the MANLEY CDMME.RCIAL ANNE.~ATIDN, as provided in this Agreement. 4. Munici al wager Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of fines or construction of necessary improvements at any cost to the City for delivery of water to and within the 141ANLEY CDMIVIL"RCIAL ANNEXA~~C~N Nothing in this Agreement shall obligate the Cit~j to pay for right-of way acquisition, engineering, construction, and other costs. for the delivery of water to or within the .~IA.NLL'Y C®IVI.1V11.~'.KCIAL ANN.~.~A~'IDNta include, but not limited to, any impact fees, hoof-~up, connection, or development charges which have been or maybe established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of fines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 11~ANLEY CD~11l~ERClAL ANNEXAT,ID.N Nothing in this Agreement shall. obligate the City to pay far right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the MANLEY CDMMERCIAL ANN~XA7~`IDN to include, but not limited to, any impact fees, hookup, connection, or development charges which maybe established by the City. Ma~iey commercial Annexation agreement 4 73 6. 'hater Rights .~^~ _.~ 't'he parties acl~nowledge the following City policy, Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee maybe used to acquire water rights or for improvements to the water system, which would create additional water, supply capacity. Except, however, that for any annexation ire excess of ten X10} acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No. 5, Cotnmission resolution 3137, Adopted August 19,1996 The Landowner, Manley Commercial Partners, LLC, underst~~ilds and agrees that they must provide sufficient water rights or cashrvin-lieu of water rights in accordance with the City's policy according to the following schedule: 1V~A~LE"~ COMM.E.RC.IAL A1~~E..~A~"IL~~11; consisting of a fatal of 15.411 ~ a.cres, pxlar to f111.~g of a 1zna1 su,~dlvlsrar~ lalat(s), ~~al slte play approval, or Issua.~~e of and ,br~rldr~g pertnlt(s), w.~lchever occurs f rst. The Landowner, Manley Commercial Partners, LLC, shall provide sufficient water .rights or cash- in-lieu as calculated by the City i.n accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development far the property at the time such calculation is made. ?. Cam rehensive Water and V~ater Desi n Re ort Prior to future development of the property, Manley Commercial Partners, LLC may be required to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the filll development of the land. if adequate infrastructure capacity is not available far full clevelopme~at, the report must identify necessary system improvements l~anie~ Commercial Annexation Agreement 5 74 required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Develo went Limitations The Landowner, Manley Commercial Partners, LLC understands and agrees that all future development on the MA.NLEY COMMERCIAL ANNEXATION Tract shall be served by City Water and Sewer as provided for in the City's facility master planning documents. The Landowner understands and agrees that municipal services are not currently available to the area proposed for annexation and that there is no right, either granted or implied by the City, for the l~andotivner to develop any of the MANLEY COMMERCIAL ANNEXATION Tract until it is verified by the City that necessary municipal services, including but not lhnited to police and frre protection, are available to all or a po~tiori of the MANL.~'YC'DMMEI~CIAL ANN~XA~I(~NTract. IVtanlcy Commercial Partners, LLC furthet understands and agrees that at the tune future development provides municipal water and sewer services to the existing residences that they must connect to these services. ~ fter connection to city water services, any existing wells may be used only for irrigation purposes only, and the septic systems and tanks must be properly drained, filled and abandoned. upon future development of the MANL.EY COMMERCIAL ~INNEXATIDN Tract, the City dater/Sewer Department will review plans for development of the proposed water infrastructure when they axe provided and make any recommendations required to supply water to any proposed development on the MANLEYCDMMERCIA.L ANN~XATIONrl~ract. 9. Stormwater Master Plan Manley Commercial Partners, L~~C understands and agrees that a Stormwater Master Plan for the MANLEY CDIVIMERCIAL ANNEXA7'I®N for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The master plan, if required, must depict the Manley Commercial Annexation Agreement b 75 maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 1U. '~aiver of RI ht-to-Protest S ecyal ~m ravement Districts The Landowner has executed a Waiver of Right-to-Protest Creation of special Improvement Districts for maintenance of any parks within the annexed area and/or of a City--wide Park Maintenance District, and Waivers of Right-to-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit "A", and is hereby incorporated in and made a part of this Agreement. Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements, including: 1) street improvements including but not limited. to paving, curb and gutter, sidewalk, stormwater drainage improvements to Griffin Drive and Hanley Road, and 2) any associated traffic signalization improvements at the intersection of Griffin Drive and .~Vlanley Road, is attached hereto as Exhibit "B", and is hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event a Special Improvements District is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from. the development or a combination thereof. ~2. Utility Easeme~t~ The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in width,. may be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the Manley Commercial annexation A,:greement 7 76 appropriate development procedures, but in na event later than the frling of any final plat or site plan review or issuance of a building permit an the parcels). 13. ~xa~act Fees T Landowner hereby acknowledges that annexation and development of their property will impact the City's existing street, water, and sewer infrastructure, and fire service requirements. Landowners shall pay to the City Fire and Street Impact Fees for any existing structures within the 7"tact prior to or at the time of Landowners' execution of this Agreement. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees far any existing structures within the Tract. At the time of any further development on the properties, the landowners and their successors shall pay all Fire, Street, Water and Se-cver Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the dine of application for any permit listed in Section 3.24.050A, 3.24.OGOA, 3.24.070A, or 3.24.OSOA, respectively. Landowner further understands and agrees that any improvements, either on- or ofd=site, necessary to provide connection of MANLEY C0~`~IMERCIAL ANNEXATION Tract to municipal services which are wholly attributable to the property are "project related ~nprovements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for ~npact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30} days after written notice by City to Landowner of such default, City may at their option: A. Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amounts by levying an assessment on the premises. B. Elect any other remedy available to City under the laws of the State of Montana. 1~Tanley Commercial Annexation Agreement 77 C. ~~ny waiver by City of any default shall nat be construed as a waiver of any subsequent default. Landowner hereby acknowledges and agrees that it shall be no defense to the enforcement of this provision by City that impact fees unposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided ar declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either htniting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated for all such fees based upon the rates established at the date of this agreement. 14. P~biic Sheet and ~Jtility Easements ~. _~ The Landowner understands and agrees that public street and utility easements shall be provided .for l~Ianley Road and Griffin Drive unless adequate right~of way exists. Said easements shall be fifty ~50~ .feet wide (half of a mi~.or arterial standard for Griffin Drive, and ninety X90} feet wide Mull collector standard} for Manley Road. The Landowners shall create such easements in locations determined agreeable to the City during annexation of said tract of land. 15, Urban Desk 1Vlanley Commercial Partners, LLC acknowledges and agrees that that future development will comply with the goals and policies of the Ba~em~n 2020 Cammuni y Flan, and having recognized the City's concern far implementation of progressive urban design guidelines outlined in the .Bo~emau 2020 Community flan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with, and sensitive to, the .immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided. Manley Cammerelal Annexation Agreement 78 1G. Parks, ®~en 5pace and Trails Manley Commercial Partners, LLC understands anal agrees that to achieve the goals and objectives set forth ~ the ~o~eman 2~2D Co~n~nuni~ ~'ldn, any contiguous parks, open space, and/ar trails shall be extended to the annexed property when possible, and a Master Plan demonstrating the connectivity of said parks, open space and trails shall be provided 17, .Additional Terms o£ waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the 11IA1VLEY C~IVIMER~`IAL AN.~VVFXA~"IO.V The parties further agree that the City may file these documents at any time. 1~. Governin Law and Verne ~. This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of .Montana. ~.9 Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 20. Waiver No waiver by either party of any breach of any term, covenant ar agreement shall be deemed a waiver of the wine or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing, 1V~anle~ Commercial Annexation Agreement 1~ 79 21. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted 22. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 25. No Assignment It is expressly agreed that the landowner and/or Landowner/Developer shall. not assign this Agreement in whole or in part without prior written consent of the City. 24. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and. assigns. 25. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Ilandowner affirms that they have authority to enter into this Agreement on behalf of their corporation, and to bind the corporation to this Agreement IN WITLESS W:F3ERFOF, the parties hereto have caused this agreement to be executed the day and year first above written. 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O ~~ y rn Z D ~ 0 ~ D o~ 0 o Z m~ ~, rn o Z ~ m °o ~ ~ ZN ~Q D0 o 0 r,~ ~ ~ ~ ~° ~.LL~ .r~ ~ ` =_`~, ~.~ I9+Cfi: Corrn~m~ssi~~ l~l[e~~~an~u Honorable Mayor grid City Commission Carol. l~eibauer, Licensing Clerlt and Chris lnulsl~i, City 11anager .Approval ~ Non~pralrt Liquor ,icense for Bz~d~er Clinic to sell deer and ~uVine at l l I brand ~ve.~ Emerson Cultural Center,. on February 1~, 2l} at the ~veet Tooth fall. .A~-HI~I~; l~ozernan Municipal Code ~, l~.tl states the City Commission may grant ~ license l`or non-profit tQ sell Beer and Vine if the applicant ~s Iicer~ed b the N~a~ta~ Liquor Control Board special Pe it 4l P, and upon receipt ~" a completed city application. +~[~l'~~I~.'~~-1~; Approve the ~iuor license for Brc~er Clinic to sell Beer and'4ine at I I I and. Ave, Ernersc~n Cultural Center c~an~in~ent on the final appraval o their state license. ~I+]L 1~~°+C; lone A'EI,ATIV; As suggested y the City Commission. lie tfully Submitted, } ~f~'' '9 Carol Neil~auer, Licensing lerl~ Chris A. l~.ukulsl~i, City Manager ss ~ ~ ~' fox 13, ~a~~~aa~, ~'? r1~~` ~._, .°~ ~ eeo~.e ~ - Fay; ) -4 ~'~ ~~ ° Ap LI,T~~t FAR CI LI+~E~` I~ER CHAPTER. 5.~ ZE N~UN~~C~P.A~L C~~E NI(~TA1~A BEE~t ACT ,, Montana, under the Fontana Beer A.ct as ~ ~ ~~ R ~ `~~ ~ ~ .The date of .. said. license is ~ ~ ' ~,~~ 1, ~t number is ~ ~ ~ _ "~ d expires j ~, t~~. ~y residence is ~ ~~. ~~ r ~ ~ have yes " ~- here, years. The IOG~tl.f~n lIl the Clty of ~~eman ~rhere propose to carry on business under the license hereby applied fQr t~ ' [ ~, r is ~~ ~a ~ ~ ~ ~~~~ ~ t.. ~ a~. ~`~ ` , ~ ~, ''". _ ,and. understand that the City License hereby applied .L! ~ ~oz, if ~ra~ated, shall net be food ft~r ~Iy other location in said pity without the consent a~.d permission of the ~Gity ~ issic~n first anti obtained after application and sash permission endoxsed on such license by the director {~Financ~e, which endorsement shall refer to the ocial proceedings ofthe ~'ity Ccmn~ision whew reference to such application and per.ission is entered. ~; The fee of as prescribed by said erdinance, is tendered herewith, :Applicant's Signature The applicant above named., being first duly sworn, on this oath says; that he has read the above anal foregoing application for the +ity License and mows the contents thereof, and the same is true, Mate of ~ ss bounty of } subscribed & Sworn to befdre me this day of , ~(~ by Notary Public My Commission Expresf 89 90 ,.~ x ~~ ~~~ ~~ r ~~~~ ~~~~ r ,' . 5 ~~. ~ -rr ~~ f' r~. ~'~r`~ '` ~~Y ~~ ~~~ ~ - ^ ~-_-~ ~ Commission Memorandum ~a. a. ~. ~ u a ~ '~ ~. ,~ ~ _ `.~~:~. REPORT TO: Honorable Mayor & City Commission FROM: Brian Krueger, Associate Planner SUBJECT: Zone Map Amendment Ordinance No.1735, for the 1Vleadow Creek III and IV Z1VIA, #Z-06274 Consent Item 2nd Reading MEETING DATE: Monday, January 7, 2007 RECOMMENDATION: The City Commission finally adopts Ordinance No. 1735 for the Meadow Creek III and IV Zone Map Amendment. BACKGROUND: On Monday, December 17, 2007 the City Commission provisionally adopted Ordinance No. 1735. The City Commission approved the requested zone map amendment application on Monday, February 26, 2007. The applicant is proposing to amend the City of Bozeman Zoning 1VIap to establish initial municipal zoning designations of "R-3" and "R-4" on 59.162 acres of land located south of Stucky Road, north of a future extension of Graf Street, generally west of the Genesis Business Park. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, if the property is further developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Brian Krueger at weer ,bone n. et if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City 1Vlanager Report compiled on January 2, 2008 9~ ORDINANCE N0.1735 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A MUNICIPAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) AND "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 59.162 ACRES LOCATED E 1/2 NE 1/4 NW 1/4 and the SE 1/4 NW 1/4 QUARTER IN SECTION 23, T2S, RSE, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "R- 3 ", Residential Medium Density District and "R-4", Residential High Density District, has been properly submitted, reviewed and advertised; and WHEREAS, after proper notice the Bozeman Zoning Commission held a public hearing on February 6, 2007, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved; and WHEREAS, after proper notice, the City Commission held its public hearing on February 26, 2007, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to be incompliance with the twelve criteria; and WHEREAS, at its meeting held on February 26, 2007, the City Commission found that the proposed zone map amendment would be in compliance with the City of Bozeman Growth Policy and would be in the public interest. 92 NO~V, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zoning district designation of the following-described property is hereby designated as "R-3" (Residential Medium Density District): A tract of land situated in the SEl/4NW1/4 of Section 23, Township 2 south, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Beginning at the Northwest 1/16th corner of Section 23, T.2S., R.SE. said point being the southeast corner of Tract 2 of Certificate of Survey 1996; thence S 89° 16'22" E, 669.61 feet; thence S 89°15'37" E, 516.75 feet; thence S Ol°27'54" W, 189.72 feet to a point of curve; thence along a 300.00 foot radius curve to the left, through an internal angle of 33°06'51 ", an arc distance of 173.39 feet (Chording S 15°05'31" E,170.98 feet); thence S 31°38'57" E, 101.25 feet to a point of curve; thence along a 300.00 foot radius curve to the right, through an internal angle of 33°06'51", an arc distance of 173.39 feet (Chording S 15°05'31" E,170.98 feet); thence S Ol°27'54" W, 741.39 feet to the center 1/4 corner of Section 23; thence N 88°56'40" W, 1335.20 feet along the east-west midsection line to the West 1/16th corner of said Section 23; thence N Ol°17'59" E, 1338.09 feet along the West 1/16th line to the Northwest 1/16th corner of Section 23 and the Point of Beginning, containing 39.80 acres, more or less, subject to any existing easements and/or rights-of way, whether of record or apparent on the ground. Section 2 That the zoning district designation of the following-described property is hereby designated as "R-4" (Residential High Density District): A tract of land situated in the E 1 /2NE 1 /4NW1/4 of Section 23, Township 2 south, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Beginning at the North 1/4 corner of Section 23, T.2S., R.SE.; thence S Ol°27'54" W, 764.95 feet to a point of curve; thence along a 300.00 foot radius curve to the right, through an internal angle of 33°06'52", an arc distance of 173.39 feet (Chording S 18°01'20" W, 170.98 feet); thence S 34°34'46" W, 101.25 feet to a point of curve; thence along a 300.00 foot radius curve to the left, through an internal angle of 33°06'52", an arc distance of 173.39 feet (Chording S 18°01'20" W, 170.98 feet); thence S O l°27'54" W, 169.81 feet; thence N 89° 15' 3 7" W, 516.75 feet; thence N Ol ° 22'52" E, 670.81 feet; thence N Ol ° 22'27" E, 670.73 feet to the North line of Section 23; 93 thence S 89°35'21" E, 671.63 feet along the North line of said Section 23 to the Point of Beginning, containing 19.36 acres, more or less, subject to any existing easements and/or rights-of way, whether of record or apparent on the ground. ~ectinn The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 17th day of December, 2007. JEFF KRAUSS Mayor ATTEST: STAGY ULMEN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 7th day of January, 2008. KAAREN JACOBSON Mayor ATTEST: STAGY ULMEN City Clerk 94 APPROVED AS TO FORM: PAUL J. LU~VE City Attorney 95 ~~~ ~ ~ ~~ r '' . rh `~ ~ F` ~~ ~ !~ ~~~ ~~ ~: ~~,-_-- ~~~ Commission Memorandum ,r, x ,. u .. ,. ~ ~ 1 ~ ~ ~ '~~ .. ~~ ~L, ~~ ~ v, -.: REPORT TO: Honorable 1Vlayor and City Commission FROM: Dave Skelton, Senior Planner SUBJECT: Manley Commercial Center ZMA Application #Z-05288 ADOPT ORDINANCE MEETING DATE: Monday, January 7, 2008 CONSENT AGENDA RECOMMENDATION: The City Commission adopt Commission Ordinance No. 1736 for said zone map amendment application to establish an initial zoning designation of "1VI-1" (Light Manufacturing District) on 15.411 acres of land, Zoning Application Z-05288. BACKGROUND: A Zone 1VIap Amendment application to amend the City of Bozeman Zoning Map to establish an initial "M-1" (Light 1Vlanufacturing District) zoning designation on approximately 15.411 acres of land located at the northwest corner of the intersection of Griffin Drive and Manley Road. On April 3, 2006 the City Commission voted 5-0 to approve the zone map amendment application and directed staff to bring back an ordinance enacting said amendment. UNRESOLVED ISSUES: There are no outstanding issues with this application. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Dave Skelton at dskelton(a~,bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: ZMA Map Exhibit City Commission Ordinance No. 1736 96 Report compiled on January 2, 2008 ORDINANCE N0.1736 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "M-1" (LIGHT MANUFACTURING DISTRICT) ON 15.411 ACRES SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF GRIFFIN DRIVE AND MANLEY ROAD. WHEREAS, the proposed zone map amendment to establish an initial municipal zoning designation of "M-1 ", (Light Manufacturing District) on 15.411 acres has been properly submitted, reviewed and advertised; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on March 28, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no members of the general public spoke in favor of, or opposition to, the requested zone map amendment on said lands; and WHEREAS, the City of Bozeman Zoning Commission found that a zone map amendment to establish an initial "M-1" (Light Manufacturing District) zoning designation would comply with the twelve (12) criteria established in Title 76-2-304, MCA; and WHEREAS, the City of Bozeman Zoning Commission motion recommending to the Bozeman City Commission that the zone map amendment be approved as "M-1" (Light Manufacturing District) on said 15.411 acres, passed on a vote of 3-0; and WHEREAS, after proper notice, a public hearing was set before the City Commission on March 20, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and 97 WHEREAS, the City Commission opened and continued its public hearing for March 20, 2006, to April 3, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission opened and held its public hearing on April 3, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, no members of the general public spoke in opposition to, or in favor of, the proposed "M-1"zoning designation for said zone map amendment; and WHEREAS, the City Commission, finding there was no public testimony elected to waive its Rules of Procedure to postpone its decision on week and make a decision on said matter; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment, as recommended by the Zoning Commission, to be incompliance with the twelve criteria; and WHEREAS, the City Commission found that a "M-1 ", (Light Manufacturing District) zoning designation for the proposed zone map amendment would be in compliance with the Bozeman Area Master Plan and would be in the public interest upon annexation of the subject property; and WHEREAS, the subject property was annexed through adoption of Commission Resolution No. 4093, adopted on the 7th day of January, 2008. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: - 2- 98 ~ectinn 1 That the zoning district designation of the following-described property is hereby initially established as "M-1" (Light Manufacturing District). Tract A tract of land being Lot 1 of Minor Subdivision No. 154, situated in the SWl/4 of Section 31, Township 1 South, Range 6 East, P.M.M., more particularly described as follows: Said parcel contains 15.411 acres more or less, and is subject to all existing easements of record or apparent on the ground; and ~ectinn 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 7th day of January, 2008. KAAREN JACOBSON Mayor ATTEST: STAGY ULMEN City Clerk -~- PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 21st day of January, 2008. KAAREN JACOBSON Mayor ATTEST: STAGY ULMEN City Clerk APPROVED AS TO FORM: PAUL J. LU~UE City Attorney -1 ~0 / ~~N 0 ~~~ / a~~ ~ ~~, o / o h~ / ~ ; ' ~ ~ ~ ~ r ;' , ~ ti~ / / r ' ~ ~ ~ y / // ' '' / ~ ~j ,,\ A AO~ / J ' N~z~ , ,~ / LODN f,~ .1 / / / {Zp / ~' zm i y ~ / ' ~ /~ / ~' ~a~ ` ,. ~? ~ `O\~ '~'~ j ff ~ / ~ ~' o ~~~~ ~~ / ~~y ~ f / , d~ d ~~a~. ~~°a~ f ~~~ ~ ~ ~ ~ a°l, m O/ ~ 0 ~ 0 '~" ' N ~ ~ / m ~ ~ ~ Z oti° ~ / ~ ~ = ao~^~ l~ 0,, Rio ,' ` ~ oo ~ ` 2 ~ ` ~ / z Z //Z~~O7 a . ~~~ ~ t, ~ / / ~ D 14., / ~ ~ ~ m ~ ~ ~J ,/ ~ ~ ~ ~ z~ F~ //~/.,. 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REPORT TO: Honorable Mayor & City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Zone Map Amendment Ordinance 1701, for East Gallatin Recreation Area & Old City of Bozeman Landfill Z1VIA, #Z-07006 Consent Item MEETING DATE: Monday, January 7, 2008 RECOMMENDATION: The City Commission adopts Ordinance 1701 for the East Gallatin Recreation Area & Old City of Bozeman Landfill Zone Map Amendment. BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning 1VIap to establish an initial municipal zoning designation of PLI (Public Lands and Institutions) on 81.95 acres of land located north of Griffin Drive between 1Vlanley Road and North Rouse Avenue. The City Commission approved the requested zone map amendment application on 1Vlonday,lVlarch 5~1, 2007. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, if the property is further developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email 1Vlartin Knight at i t , oze a . et if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City 1Vlanager Report compiled on January 2, 2008 102 ORDINANCE N0.1701 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF PLI (PUBLIC LANDS AND INSTITUTIONS DISTRICT) ON 81.95 ACRES WHICH IS DESCRIBED AS TRACTS GL-2 & GL-3, LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E; AND TRACT GL-3 OF CERTIFICATE OF SURVEY N0. 12, LOCATED IN THE SOUTHERN HALF OF THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTRY, MONTANA. WHEREAS, the proposed zone map amendment to grant an initial zoning designation of PLI (Public Lands and Institutions District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on Wednesday, February 21, 2007 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved with a designation of "PLI," Public Lands and Institutions District; and WHEREAS, after proper notice, the City Commission held its public hearing on March 5, 2007, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to establish an initial municipal zoning designation of PLI (Public Lands and Institutions District), with contingencies, to be incompliance with the twelve criteria; and WHEREAS, at its meeting held on March 5, 2007, the City Commission found that the proposed zone map amendment would be in compliance with the Growth Policy and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: -1- 103 CPrtlnn 1 That the zoning district designation of the following-described property is hereby designated as PLI (Public Lands and Institutions District): Tracts GL-2 & GL-3, located in the northwest quarter of Section 31, T1S, R6E; and Tract GL-3 of Certificate of Survey No.12, located in the southern half of the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, Montana. Said tracts of land being 81.95 acres along with and subject to any existing easements. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 7th day of January, 2008. KAAREN JACOBSON Mayor ATTEST: STAGY ULMEN City Clerk APPROVED AS TO FORM: PAUL J. LUWE City Attorney -2- 104 PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 22ND day of January, 2008. KAAREN JACOBSON Mayor ATTEST: STAGY ULMEN City Clerk APPROVED AS TO FORM: PAUL J. LUWE City Attorney -3- 105