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HomeMy WebLinkAbout1995-05-01 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 1, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 1, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Avril3. ADril 17 and ADril 24. 1995 Clerk of the Commission Sullivan asked that action on the minutes of the work session/agenda meeting held on April 24 be deferred for a period of two weeks, due to . questions which have arisen. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the meetings of April 3 and April 17, 1995, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Mayor Vincent requested that the minutes of the meeting of April 24 be placed on the May 15 agenda for action. Decision - Commission Resolution No. 3049 - intent to create 1995 sidewalk program . This was the time and place set for the decision on the 1995 sidewalk program, as set forth in Commission Resolution No. 3049, as approved by City Attorney, entitled: COMMISSION RESOLUTION NO. 3049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1995 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS '.14.4109 AND 7-14-4110, MONTANA CODE ANNOTATED. 05-01-95 -- - 2 - Commissioner Stueck stated he intends to vote against the 1995 sidewalk program, not because of the sidewalk program itself, but because of the additional workload on staff as a result of the recently-approved general obligation bond issue for transportation projects. He stated that if staff finds it has time to administer a sidewalk program this summer in addition . to all of its other duties, he feels it would be acceptable to create a program that includes the City-owned properties in that area, such as Christie Fields and Langohr Park. Commissioner Stueck emphasized the fact that he is not opposed to the sidewalk program. He then proposed that the Commission establish a list of sidewalk programs for the next two, three or four years; and send notices to all of the residents within those areas that sidewalks will be required within a specific timeframe. Commissioner Frost stated he recognizes the pressures on the staff in the Engineering Department. He noted, however, that staff was asked to bring in a sidewalk program with which they felt comfortable; and he believes they did that. He stated that sidewalks are an integral part of the transportation plan; and, since the City will be undertaking improvements for vehicular travel this summer, he feels it would be appropriate to undertake improvements . for pedestrians as well. Commissioner Frost stated support for the idea of a lengthy advance notice on the installation of sidewalks. He suggested that when the notice is sent, it would be beneficial to include some potential costs, to alleviate some of the misconceptions and misinformation. Commissioner Frost expressed interest in finding a successful method of informing people of the width of pUblic right-of-way for streets. He noted that notices in the newspaper could remind residents of the City's policy to require the installation of sidewalks throughout the city and that the sidewalk is to be installed in the public right-of-way. He stated property owners should be aware that when they install landscaping and sprinkler systems within the public right-of-way, there is a potential that they will need to be removed or relocated. . Commissioner Youngman stated her concurrence with Commissioner Stueck's proposal that a long-term notification program be established, so that property owners know well in advance that sidewalks will be required. She stated this will allow them to budget for the costs over a period of time. She also recognized the importance of making progress in ensuring pedestrian safety, particularly for children and those with limited mobility. She characterized the proposed 1995 sidewalk program as a reasonable proposal, with which staff seems to be 05-01-95 -.. -- -...--...- .-.- .--------..- .--~._. ---.--.-.... ---~ - 3 - comfortable. She noted that Wood brook was to have installed 718 feet of sidewalk in 1979, as a part of the improvements for Phase I; and this sidewalk program would bring those improvements current. Commissioner Stiff noted that when the 1995 sidewalk program was first discussed, he . expressed concern about the workload on staff, particularly since staff is already having trouble addressing all of the items coming before them at the present time. He stated that he feels the implementation of transportation projects is crucial; and he is concerned about the continued delays in implementing impact fees. He suggested that the sidewalk program should be put on hold until staff is ready to accept the additional workload, and all of the crucial projects are under control. Mayor Vincent stated his opposition to ordering in sidewalks around the Woodbrook Planned Unit Development, although he would be willing to proceed with the remainder of the sidewalks in the proposed program. He noted that when the sidewalk policy was revised a year ago, he expressed reservations about the policy but supported its adoption since all annual programs must be approved by the Commission. He then indicated his support for the . proposals of advance notice for future sidewalks as well as the reminder that the public right- of-way extends a distance back from the curb. Commissioner Frost noted that the sidewalk policy ensures that the gaps in the pedestrian transportation system are filled, so that the young, the disabled and the elderly can move around the community more safely and easily. He stated that for the five years he has served, the Commission has faithfully implemented a sidewalk program each year; and he is extremely frustrated that the Commission does not appear to support the continuation of the program. Commissioner Youngman noted that all attention is being focused on vehicular traffic at the present time; and she feels the pedestrian and bicyclist safety must also be addressed. She . then proposed that, within the next few weeks, the Commission establish a multi-year sidewalk schedule. She suggested that advance notices could then be sent to those property owners involved, so that when the program is actually implemented, it would not be a shock. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission defer the proposed 1995 Sidewalk Program for a period of one year, in light of the staff's workload for this construction season. The motion carried by the following Aye and No 05-01-95 -...-- - 4 - vote: those voting Aye being Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No being Commissioner Frost and Commissioner Youngman. Commission Resolution No. 3058 - intent to amend the 1990 Boieman Area Master Plan Uodate: decision - Master Plan Amendment revise the Land Use Element of the 1990 Bozeman . Area Master Plan UDdate to comDlv with existina zonina designation - Dortions of the W%. Section 10. T2S. R5E. MPM (bounded bv Durston Road. US 191. Ferguson Avenue and Cottonwood Road) (P-9513) This was the time and place set for the decision on the Master Plan Amendment, under Application No. P-9513, to revise the Land Use Element of the 1990 Bozeman Area Master Plan Update to comply with existing zoning designation in portions of the West one-half, Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is bounded by Durston Road, US Highway 191, Ferguson Avenue and Cottonwood Road. Included in the Commissioners' packets was a copy of Commission Resolution No. 3058, as approved the City Attorney, entitled: COMMISSION RESOLUTION NO. 3058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, STATING THE CITY'S INTENT TO AMEND THE LAND USE ELEMENT OF THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE ON APPROXIMATELY 320 ACRES GENERALLY BOUNDED BY FERGUSON AVENUE ON THE EAST, U.S. HIGHWAY 191 ON THE SOUTH, COTTONWOOD ROAD ON THE WEST AND DURSTON ROAD ON THE NORTH TO COMPLY WITH EXISTING ZONING DESIGNATIONS. City Attorney Luwe recommended that the Commission adopt this resolution prior to proceeding with discussion. He noted that it simply states the City's intent to amend the land use designation on the subject property, and is the formal step necessary prior to making a decision on the requested amendment. He then noted that after the decision, the Commission will act on findings of fact; and, if the Commission acts favorably on the master plan amendment, a resolution implementing the amendment. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the . Commission adopt Commission Resolution No. 3058, stating its intent to amend the land use element of the 1990 Bozeman Area Master Plan Update. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stiff. City Manager Wysocki reminded the Commission that the public hearing on this application was conducted at the April 17 meeting. 05-01-95 - 5 - Responding to questions from Commissioner Frost, Director of Public Service Phill Forbes reviewed how the existing sewer service area boundary was created. He noted that a major trunk serves the Valley Unit Subdivision, thus allowing an opportunity for additional development along the western edge of the community. He characterized the sewer service . area boundary as a flexible line; however, he cautioned that it is not expandable. He pointed out that under the City's current policy, sewer service is not extended beyond city limits; therefore, any request for sewer service must be accompanied by a request for annexation. He then reminded the Commission that the sewer service area boundary is based on capacity in the collection lines; not on capacity at the wastewater treatment plant. The Director of Public Service noted a map has been included in the draft update of the facilities plan for sewer. He posted that map, cautioning the Commission that it is still in draft form and noting it represents a 20-year planning boundary. He briefly reviewed the map, which shows a new sewer main extension is needed to serve the subject property. He stated that if the inflow and infiltration problems in the collection lines can be mitigated, the wastewater treatment plant should have adequate capacity to accommodate the 20-year plan. . Director of Public Service Forbes cautioned that the decision on the master plan amendment should be made based on the merits of the requested amendment. He stated that the sewer service area boundaries and attendant issues are not directly related to the master plan amendment that is currently before the Commission. Responding to questions from Commissioner Frost, City Engineer Craig Brawner stated that there are several different methods of funding sewer main extensions. He noted that in any instance, the City should be prepared to cover any costs associated with oversizing of the line. Responding to additional questions from Commissioner Frost, City Attorney Luwe stated that if someone wishes to develop land within the city limits, that individual is entitled to the . services provided by the City, subject to City ordinances and regulations. He noted that if the land is outside city limits, the Commission must make a decision on whether or not to annex the property and provide services so that development may occur. He further stated that if the staff and Commission determine that the City is unable to provide services within a reasonable time or at the same level as provided in the rest of the city, the Commission may determine it is not in the best interests of the City to annex the subject property at that time. 05-01-95 --..-- -. .- - 6 - Responding to Commissioner Stueck, Planning Director Epple reiterated the fact that a trunk line is fed from both sides. He noted that in this particular instance, it would be appropriate for a trunk line to be run essentially down the center of the subject parcel, if the topography allows, and that it be fed from both sides. That means that the sewer services . would be provided to Cottonwood Road rather than to the generalized sewer service area boundary. Further responding to questions from Commissioner Stueck, the Planning Director emphasized the importance of making the decision on this requested master plan amendment on whether the subject parcel would be more appropriately developed as rural residential or urban residential on a long-term basis. Responding to questions from Commissioner Frost, City Engineer Brawner stated that under the draft facilities plan update, the anticipated population within the sewer service area is estimated at 32,600 in twenty years. He noted that the wastewater treatment plant capacity is based on a population of 50,000 people; and if the inflow and infiltration problems can be addressed, he believes the current plant can accommodate the growth projected under . the plan even though it is now being hydraulically challenged at times. Responding to Commissioner Stiff, Planning Director Epple stated the City-County Planning Board has conducted its public hearing on this application, and forwarded its recommendation for approval. The County Commission has conducted its public hearing, as well as the City Commission; and the County Commission is awaiting the City Commission's decision before it makes its final decision. He then stated that if both Commissions approve the requested master plan amendment, the next step will be to bring back a resolution implementing the amendment and findings of fact. Commissioner Stiff stated he has considered Ferguson Avenue as the current western edge of the community. He noted the traffic problems which exist on West Babcock Street and . Durston Road, stating he feels that further development to the west should be minimized until those roadways have been upgraded to handle the traffic load. He also expressed concern about the potential of extending the strip development along Huffine Lane. He suggested that, rather than approving the requested master plan amendment at this time, it would be more appropriate to consider the proposed change during the comprehensive master plan update. 05-01-95 -.. - 7 - Commissioner Stueck noted that failure to approve the master plan amendment will not stop development; it will simply allow that development to occur under county densities and regulations. Commissioner Youngman stated she believes that some of the roadway improvements . currently being made in that area, including the extension of Fowler Avenue from West Babcock Street to US Highway 191, upgrading of Ferguson Avenue from Durston Road to US Highway 191, and signalization of the intersection of Ferguson Avenue and US Highway 191, will alleviate some of the existing traffic problems. Commissioner Frost expressed concern about continued expansion or "bulging" of the sewer service area boundaries without knowing the impacts on the overall system. He stated that until a plan is available by which those impacts can be measured, he is uncomfortable with approving this type of request. Commissioner Stiff forwarded his concerns about infrastructure, including the transportation system. Mayor Vincent stated he is also concerned about impacts which this proposal might have . on the City's infrastructure. He also noted an interest in having a plan in place, so that the impacts of a Commission action can be quantified and recognized. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission deny the Master Plan Amendment, under Application No. P-9513, to revise the Land Use Element of the 1990 Bozeman Area Master Plan Update to comply with existing zoning designation in portions of the West one-half, Section 10, Township 5 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stueck. . ConceDt Dlan review - laura M. Danhof - olanned unit develoDment to allow construction of tri- Dlex on lots 19. 20 and 21. Block 8. Soringbrook Addition. in B-2 zoning district (116 North 8th Avenue) Assistant Planner Lanette Windemaker briefly highlighted the plans for this site, which were included in the Commissioners' packets. She stated that this concept plan is for a planned unit development to allow construction of a tri-plex at 116 North 8th Avenue, on lots which are zoned B-2, Community Business. The subject property lies along the east side of 05-01-95 - 8 - North 8th Avenue, abutting the businesses located along the west side of North 7th Avenue. The property immediately to the north houses Danhof Designs; and residences are located to the west and south. The Assistant Planner stated that the Development Review Committee, Design Review . Board and City-County Planning Board have reviewed this concept plan. Issues raised during those meetings include paving of the alley and a few minor comments about the proposed structure and the location of the retaining wall along the sidewalk. Ms. Laura Danhof, applicant, stated she would prefer to construct a residential unit on this subject property rather than a commercial building. She feels it would blend better with the existing neighborhood, and is an ideal location for more housing. She noted that the two lower units would be ADA accessible; and the upper unit would be hers. Responding to Commissioner Youngman, Ms. Danhof stated there would be approximately 1,200 square feet in each of the lower units, and 1,600 square feet on the upper level. The two lower units would each have a single garage, while she would have a two-car garage. She noted that those garages would be accessed from the alley. . Each of the Commissioners, in turn, expressed support for the proposed project, forwarding no comments of concern. Reauest for $7 .000 grant from City's CDBG Revolving Loan Fund to cover shortage in funding for the HRDC's land trust housing Droiect Commissioner Frost announced that, because of his affiliation with the Human Resource Development Council, he will abstain from discussion and action on this agenda item. City Manager Wysocki reminded the Commission that this issue has been previously discussed. He noted that authorizing expenditure of $18,500 in General Fund monies, previously committed for this project, has been discussed at length. He cautioned that, while this expenditure could easily be accommodated, care must be taken to ensure that this type . of procedure is not used on a regular basis, for larger amounts. He suggested that, if the Commission wished, it could authorize the expenditure of the $7,000 being requested at this time from the CDBG Revolving Loan Fund. Commissioner Youngman stated that she feels, since the cost overrun was generated by a contract between the City and the consulting engineer, the City should cover the costs. 05-01-95 - 9 - She also indicated support for expending those monies from the CDBG Revolving Loan Fund, as suggested by the City Manager. Commissioner Stiff expressed concern about precedent, stating it would be his preference to loan the monies to HRDC at no interest rather than a grant. He noted that, from . the information he has received, it appears that the next phase of the HRDC development is already encountering cost overruns; and he does not feel the City should be placed in a position where additional grants are anticipated. Commissioner Stueck stated he is comfortable with expending the original $18,500 from either the General Fund or the CDBG Revolving Loan Fund. He then indicated that, at this time, he has no preference on whether the $7,000 should be a grant or a loan. Responding to comments from Commissioner Stiff, Neighborhood Coordinator/ Grantsperson James Goehrung stated that the $7,000 overrun was for the installation of public facilities for the land trust project. He then stated that the HRDC has received monies for the 24-unit multi-family housing project and has decided to move forward with that project this summer. Based on estimates previously received, $20,000 was budgeted for architectural . services for that project; however, the actual costs will be about $80,000; and that generates a $60,000 shortfall early in the process. He noted that construction costs were estimated at $55 per square foot; and the Missoula project was recently bid for approximately $52 per square foot. He noted that if that kind of cost savings can be recognized in the Bozeman project, then the shortfall in monies budgeted for architectural services can be covered. The Neighborhood Coordinator then reminded the Commission that the $7,000 shortfall for engineering services on the public facilities was on a $1.3 million project. Those costs were encountered late in the process; therefore, it was not possible to recover any of those costs anywhere else in the project. Commissioner Stueck cautioned that the Missoula project was a very large one, allowing . for volume buying. He noted that this project is much smaller; and that type of price break probably cannot be anticipated. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, stated that the infrastructure for the land trust housing project were installed through a CDBG grant received by the City. He stated that HRDC has always viewed that as a City grant and City project, and has flot felt it was involved in any way. He then cautioned that the HRDC does 05-01-95 ----- -.-- -----..- -...--...-.- .-.--.--.. - 10 - not have $7,000 to repay a loan, if that is what the Commission chooses to do. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct staff to expend, as a grant, $7,000 from the Community Development Block Grant Revolving Loan Fund to cover the overrun incurred for engineering . services in conjunction with the installation of infrastructure for the land trust housing project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Commissioner Frost abstained. The Commission directed the City Manager to bring back a budget amendment to take the $18,500 previously committed to this project from the General Fund. The City Manager indicated that this budget amendment will be included in the fourth quarter budget amendments. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. . Proclamation - "Bozeman Historic Preservation Week" - Mav 6-13. 1995 Proclamation - "MuniciDal Clerks' Week" - Mav 7-13. 1995 Proclamation - "Food Drive Dav" - Mav 13. 1995 Authorize Citv Manaaer to sign - Annexation Aareement with Edward C. McCrone. President of the Mill Limited - 13.4247 acres known as Tract 1. COS No. 1224. located in the SW%. Section 32. T1 S. RGE. and the NW%. Section 5. T2S. R6E. MPM (SE corner of Storv Mill Road and Hillside Lane) Commission Resolution No. 3057 - annexing tract of land known as Tract 1. COS No. 1224. located in the SW%. Section 32. 11 S. RGE. and the NW%. Section 5. T2S. RGE. MPM (13.4247-acre Darcel located on the southeast corner of Storv Mill Road and Hillside Lane) COMMISSION RESOLUTION NO. 3057 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 CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE STORY MILL ANNEXATION (FORMERL Y REFERRED TO AS THE MILL ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. ADDlication for Beer and Wine Licenses for various weekends durin a summer - Gallatin Vallev Softball Association: aDoroval continaent UDon receiDt of State licenses 05-01-95 ._n____ -.-.- --- ,,-_. ..-- - 11 - Authorize City Manaaer to sign - Amendment No.2 to Professional Services Aareement with Marvin & Associates - Traffic signals at intersection of South 19th Avenue and West College Street Authorize City Manager to sian - Sewer and Water Pioeline and Access Easement and Agreement - SAAM COrDoration - 30-foot easement across Tracts A and A-1. COS No. 1 059A (southeast corner of South 19th . Avenue and West Olive Street) Authorize City Manager to sian - Amendment No. 1 to orofessional services aareement with Thomas. Dean &. Hoskins - Hiahland Boulevard reconstruction Aoorove reauest from GalaVan for City assistance in funding travel of Executive Director to Community Transoortation EXPO in Portland. Oregon on May 22-26. 1995 in an amount not to exceed $300 from the City Commission's "other" line item Reaffirm Commission aoals for Fiscal Year 1995-1996 with revised lanauage for the high orioritv aoal Dertaining to long-range olanning Acknowledae receipt of third auarter budget review for Fiscal Year 1994-1995: authorize Mavor to sign attendant budget amendments Aooroval of short-term loan from CDBG Revolving Loan Fund. oer recommendation from CDBG Loan Review Committee Acceotance of Warranty Deed and Riaht-of-Wav Easement for a Dortion of Parcel 3 - Eula Mae Lesslev (West Main Street/West Babcock Street/South . 23rd Avenue intersection realignment and signalization) Award orooosal for audit for UDcoming fiscal vear(s) to Junkermier. Clark, Camoanella. Stevens. PC. per Audit Committee recommendation: authorize and direct staff to enter into standard Deoartment of Commerce audit contract Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Discussion - FYI Items . City ManagerWysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from the County Commission, dated May 1, 1995, listing the topics which they wish to discuss at next week's work session. 05-01-95 - 12 - (2) Memo forwarding information from a telephone call received this morning regarding the sidewalk program. (3) Invitation to attend the dedication ceremonies for the Sacajawea sculpture, to be held at 2:00 p.m. on Sunday, May 14. . (4) Letter from the Gallatin Saddle & Harness Club, dated April 14, requesting permission to conduct the CNFR parade at 2:00 p.m. on Tuesday, June 13; and the Chief of Police's comments in support of the request. (5) Late submittal letters received from various residents of Woodbrook Townhouses regarding the sidewalk program. (6) Memo announcing that a tree was planted at the northeast corner of City Hall on Arbor Day, commemorating the children who were killed in the recent bombing in Oklahoma City. (7) Letter of complaint about a parking ticket, submitted by Jennifer Hoversland. (8) Letter of complaint about a parking ticket, submitted by Mark Harry Walters. (9) Comment from Renee Sundquist, county resident, stating opposition to the . proposed library fee for county residents. (10) Letter from William Madden, attorney, dated April 26, questioning the legality of a library fee for county residents. The City Manager announced that City Attorney Luwe is researching this issue. (11 ) Letter from the Department of Natural Resources and Conservation announcing the City's successful application for grant/loan monies for a separator waste collection facility. ( 12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 2, in the Commission Room. (13) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 2, in the Commission Room. (14) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, . May 2, at the Courthouse. ( 15) Copy of an information brochure on Missoula's housing shortage. (16) At Mayor Vincent's request, Commissioner Stiff reviewed the process followed by the Audit Committee in reaching its recommendation, which was acted upon by the Commission in the previous agenda item. He noted that the Audit Committee received nine 05-01-95 -.... ..---..--.- - .-.., ..------- -- - 13 - proposals for the audit for upcoming years. Following completion of a weighted evaluation form, and compilation of those results, the Committee determined that the top three firms should be interviewed; and those interviews were conducted last Tuesday, Wednesday and Thursday. He noted that the firm which the Committee recommends surfaced as the top . ranked firm in both the written evaluation and the interviews. Mayor Vincent noted there are adequate safeguards in the audit process to ensure that the City and its taxpayers receive a quality audit. He noted that this bid represents a substantial reduction in costs to the community over past years' audit costs. ( 17) The City Manager submitted his weekly report, as follows. (1) Announced that alley clean-up and street clean-up has begun. (2) Attended the Greater Open Spaces City Management Association (GOSCMA) meeting in Great Falls last week, where topics of discussion included court rulings, personnel and retirement. (3) Attended a meeting on backflow and the importance of cross connections within the City's water system. (4) Announced that parking on the north side of East Babcock Street in front of the Federal Building has been changed from two-hour parking to fifteen-minute parking. (5) Attended the . TCC meeting on Wednesday, at which the North 19th Avenue interchange was discussed. (6) Announced that the North 7th Avenue milling project will be undertaken this summer, although it will not include sidewalks. (7) Announced that work on the West Main Street/West Babcock Street/South 23rd Avenue intersection realignment project is about to begin. Discussion - reauested eXDansion of Swim Center durina this fiscal vear City Manager Wysocki reviewed his memo of April 25, which was included in the Commissioners' packets. He noted that the total of all of the major capital items listed is $2,350,000. He cautioned that each of these projects is important and should be funded within the next two or three years. . Responding to Mayor Vincent, the City Manager stated that he prepared this list of projects so that the Commissioners could understand the demands which are being placed on the City's budget. He cautioned that approval of the requested expansion of the Swim Center at this time could result in delaying one of the other projects contained on the list. Responding to Commissioner Frost, the City Manager stated that INTERCAP monies could be used for some of the listed projects; and the loan could be repaid over a five- or ten- 05-01-95 .--.-..--. --.-.. -----.-.- ----.----.-.-.---.--.... - 14 - year period, depending on the type of project. He noted that at the present time, the interest rate on INTERCAP loans is roughly 6 percent. Commissioner Stiff noted that if the City were to borrow INTERCAP monies for all of these projects, on a ten-year loan, the principal payment would be $235,000 annually with . approximately $141,000 in interest in the first year. He suggested that, in light of those costs, it would be beneficial to implement some of the projects without using borrowed monies. Commissioner Stiff then noted that he received telephone calls regarding this proposed project. In response to those individuals, he indicated his support for considering this project during the budget process, where it can be appropriately compared to the other projects. He noted that none of the individuals opposed that approach, particularly when they learned what the other projects were. Commissioner Frost stated his support for considering this project as a part of the general budgeting process for the upcoming fiscal year. Mayor Vincent asked if a change in the fee schedule is anticipated, in an effort to generate revenues to offset some of costs involved. . Recreation Superintendent Suzette Harkin stated that the Recreation and Parks Advisory Board has discussed the possibility of increasing fees at various times over the years; but they have been unable to support any type of increase without an offsetting expenditure. She then noted that it has been roughly fifteen years since the last fee increase for Bogert Pool and eight or nine years since the last fee increase for the Swim Center. She stated that at this time, probably both the Board and the public would be willing to support a fee increase to offset some of the expansion costs. Responding to Commissioner Stueck, the Recreation Superintendent stated that the School District previously paid $54,000 annually for use of the Swim Center; and with the elimination of the elementary school classes, that amount has been lowered to $38,000. She stated that the swim lessons were eliminated not because of the costs involved but because . the Principals felt that they took too much time from the classroom. She noted that, through teacher pressure, the lessons may be reinstated. Commissioner Stueck stated his support for considering this request during the budgetary process. He noted that, rather than trying to rush the project through in an extremely short time, that would allow for more leisurely preparation of the bid documents; and bidding of the 05-01-95 ., ____un --:-._"_.~... _,,__ _ __. - 15 - project could occur at a time when more contractors may be able to bid, generating a more favorable price to the City. He noted that the contractor could also prepare for the project, and be prepared to start as soon as possible in the spring. Commissioner Youngman stated she is supportive of the project being considered . through the budgetary process. Mayor Vincent noted that this project is the only one on the list of projects that enhances the recreational opportunities of the community. He then indicated that, in light of the other Commissioners' comments, it appears that this project will be considered during the upcoming budget process rather than approving its completion this fiscal year. Responding to questions from Mayor Vincent, the Recreation Superintendent explained the fees charged for the Swim Center go into the General Fund; and those monies cannot be earmarked for a specific purpose. City Manager Wysocki stated, while revenues for the General Fund may not be earmarked for a specific project or use, those revenues can be recognized in the budget highlights, and identified as off-setting revenues for a project. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to include expansion of the Swim Center in the budget considerations for Fiscal Year 1995-1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Discussion - reauest from CDBG Loan Review Committee for direction on use of remaining funds in CDSG Revolvina Loan fund Community Development Block Grant Loan Review Committee members present at this meeting were Assistant Planning Director Debbie Arkell, ex officio member; Controller Peg Biekert, representing the City Finance Department; Jackie Engdahl, representing low- and . moderate income persons; and Monte Cooper, representing real estate sales. Assistant Planning Director Debbie Arkell, ex officio member of the CDBG Loan Review Committee, stated that the Human Resource Development Council is under contract with the City to administer the Community Development Block Grant Revolving Loan Fund monies; and 05-01-95 -. .... --- - - 16 - the CDBG Loan Review Committee forwards its recommendations to the Commission for action on applications which have been submitted for use of those monies. The Assistant Planning Director stated that at one of its recent meetings, Committee members raised questions about loans versus grants and decided that guidance should be . sought from the Commission. She noted that, based on the resolution which established the fund, the purpose of the fund is to make loans, at 0- to 12-percent interest, to rehabilitate the low- and moderate-income housing stock in Bozeman. She stated that the Committee has received several requests recently for grants rather than loans; and the Committee is concerned that approval of these requests will result in eliminating the fund. She noted that, in the past, based on an individual's ability to pay, the Committee has recommended that a portion of the monies for a project be granted and that a portion of the monies be repaid at possibly a low interest rate. She indicated that latitude is allowed under the resolution for this fund, since it allows for the issuance of grants in special circumstances. Commissioner Frost stated he feels that if an individual is capable of paying back monies, then a loan should be made, even if it is at 0 percent. He noted, however, that there are cases . when an individual or a non-profit organization truly has a need but not ability to repay the monies; and it is appropriate to consider a grant in those instances. Mr. Monte Cooper stated he would like to see the funds remain available for qualified applicants, keeping in mind the parameters of the original program. He cautioned that if the principal is eroded through the approval of grants, then the fund will ultimately be drained; and monies will no longer be available to assist in renovation of low- and moderate-income housing. He noted that a trip around town will reveal a lot of old "junker" houses that need rehabilitation; however, the owners will not step forward and ask for assistance. He suggested that greater promotion of the program, possibly through the realtor community, might help to generate interest in using this source of funds. Respondingto questions from Neighborhood Coordinator/GrantspersonJames Goehrung, . Assistant Planning Director Arkell stated that the monies in this fund are from the 1983 and 1985 CDBG programs. She noted that some of the monies being repaid at this time are loans from the original grants, rather than from reloaned monies. She noted that some of the loans, which were made on a 1 O-year basis, were issued as late as 1990, 1991 and 1992; therefore, 05-01-95 - - 17 - those monies will not be fully repaid for several years unless the homes are sold, at which time the loan must be paid in full. The Neighborhood Coordinator stated that if the City is receiving monies from loans made from the original grant monies, there is a potential that the State will require the City to . fund a portion of any grant application made during that repayment period. He noted that once those original loans have been repaid, the monies are considered the City's; and the State will not ask the City to fund any portion of a grant application. Assistant Planning Director Debbie Arkell noted that the City has received approval of its current Revolving Loan Fund plan from the Department of Commerce. She noted that plan states that the monies will be used for upgrading of low- and moderate-income housing and, on occasion, that monies would be granted. She cautioned that if the plan is amended, it must be submitted to the Department of Commerce for approval once again. She noted that an issue has been raised about the potential of the State requiring that some of the current fund balance be used for the application for public facilities monies for expansion of the Senior Center, if the application is successful. She reminded the Commission that when the HRDC application for . affordable housing was approved, $60,000 in local CDBG Revolving Loan Fund monies were committed to that project. She suggested that if over $100,000 is being maintained in the Fund when new applications are approved, the State will probably require the use of some of those local monies. Responding to Commissioner Stueck, the Assistant Planning Director stated that when monies are loaned from this Fund, the City receives a second mortgage on the property. She stated that if the property is sold before the loan is paid off, the property owner is required to payoff the entire loan upon sale of the house. She then indicated that, although some foreclosures have been threatened under this program, none have been undertaken to date. Controller Peg Biekert stated she would like to see the balance in the Fund retained . because there are many worthwhile projects that could be funded from this source. She noted, however, that she does not want to see the monies revert back to the State because of lack of activity. Commissioner Youngman noted that when the Commission adopted the affordable housing policy, one of the issues discussed was expansion of the CDBG loan Review Committee and its duties, to include forwarding recommendations for use of the Community 05-01-95 -, -, ~-,:..- . - 18 - Housing Fund monies. She noted that the Fund has a current balance of $100,000; and there is a potential for monies being added through the budgeting process. She suggested that membership on the Committee could be expanded to include one low- or moderate-income person and one individual from a housing-related organization. She asked if the Committee . members can identify any other holes which need to be filled to generate a viable committee that can address both funds. Commissioner Youngman stated that the possible pooling of the funds has also been discussed, and asked for Committee input on that issue as well. She noted that items of discussion have included the protection of a certain amount of the monies for loans, the potential for greater interest revenues from combining of the funds, and ease of administering a combined pot of monies. Controller Peg Biekert stated that the monies should remain separated. She cautioned that there are different criteria for expenditure of the monies; one set of criteria has been established by the State while the other set has been established locally. She further noted that the monies for the Community Housing Fund have been generated locally; and care should . be taken to ensure they are protected and remain local. She expressed concern that, if the funds are combined, within one year, she will be unable to track the source of funding for a particular loan or grant. She forwarded her strong preference to retain both funds, noting that it will create no problem for the Committee as it considers applications and determines whether monies should be loaned or granted. Ms. Jackie Engdahl noted that she served on the affordable housing task force. She noted that the task force had no real guidelines for use of the Community Housing Fund in mind; they simply viewed it as a first step to addressing the affordable housing issue. Commissioner Stueck stated he is not in favor of using the monies in these funds for grants, except possibly in isolated instances that involve a non-profit organization. He noted . that no-interest loans are acceptable; and he feels that any grants could be handled by the Commission rather than burdening the Committee with those decisions. Commissioner Youngman asked if the Committee envisions developing a plan for Commission consideration. Mayor Vincent stated he feels it would be beneficial for the Commission to hear the Committee's ideas and recommendations. He then indicated his preference for loans, even 0- 05-01-95 - 19 - percent interest loans, rather than grants. He likes the idea of upgrading and rehabilitating existing housing, noting that it is a good method of providing affordable housing in the community. Assistant Planning Director Arkell reminded the Commission that the Human Resource . Development Council is currently contracting with the City to administer the CDBG Revolving Loan Fund and asked if they will be expected to administer the Community Housing Fund monies as well. Mr. Jeff Rupp, Executive Director of the HRDC, stated he had anticipated that they would assume administration of the Community Housing Fund monies under their existing administration contract, if the Committee and its duties were expanded. City Manager Wysocki suggested that the Committee try to establish a proposed ratio between grants and loans, possibly with a maximum amount set for grants. He also suggested that the Committee develop proposed guidelines and criteria for use of the Community Housing Fund. Commissioner Youngman suggested that the Commissioners develop a list of questions . which they would like to have answered in conjunction with this process, and possibly set another meeting with the Committee prior to the submittal of their proposal. Mayor Vincent asked that the Commissioners forward their questions to the Clerk of the Commission within the next couple of days. Mr. Monte Cooper asked for information on the current principal in both funds as well as anticipated revenues from repayments and length of repayment schedules; Controller Peg Biekert responded she can provide that information. Recess - 5:55 c.m. Mayor Vincent declared a recess at 5:55 p.m., to reconvene at 7:00 p.m., for the . purpose of conducting the scheduled public hearings. Reconvene - 7:00 c.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 05-01-95 ----- .. ---.--- -- -- _,. n - 20- Public hearina - Deviations from Sections 18.20.050 and 18.50.050.F.1 - Jennifer Smith Mitchell - to allow existing structure to encroach 16% feet into reauired 20-foot rear yard setback and 6 Y:z feet into 10-foot reauired rear yard setback for accessory structures - west 110 feet of lots 5 and 6. Block A. Rouse's Second Addition (122 South Church Avenue) (Z-93158) This was the time and place set for the public hearing on the deviations, as requested . by Jennifer Smith Mitchell under Application No. Z-93158, from Sections 18.20.050 and 18.50.050.F.1, to allow existing structure to encroach 16 % feet into required 20-foot rear yard setback and 6 % feet into 10-foot required rear yard setback for accessory structures on the west 110 feet of Lots 5 and 6, Block A, Rouse's Second Addition. The subject site is more commonly located at 122 South Church Avenue. Mayor Vincent opened the public hearing, reviewing the process to be followed. Senior Planner Dave Skelton presented the staff report, distributing photographs of the subject property. He reminded the Commission of the importance of visualizing the relationship of the garage to the existing residence and to surrounding properties during this public hearing, taking into careful consideration the proportion of the existing facades and the proposed facade. . The Senior Planner reminded the Commissioners that the Design Review Board recommendation was forwarded to them in October 1993; and that recommendation is still valid for this proceeding. He stated that the request before the Commission is to allow replacement of a flat roof on a 14-foot by 22-foot garage with a gambrel style roof and a 2-foot by 2-foot cupola for venting purposes. The existing garage door is to be replaced with a style more consistent with the Queen Anne style of the residence; and the windows along the west elevation are to be replaced to be more in keeping with the historic integrity of the subject property. The siding is to be horizontal lap siding, painted yellow with white trim to match the house; and brown asphalt shingles are to be used on the roof. The existing chain link fence is to be relocated to the actual property line; and the curb cut is to be widened 3 % feet to the . east, extending to the property line. The Senior Planner explained the purpose of the requested renovation is to create storage and a work space on the upper floor of the existing garage. Since the subject property is located within the neighborhood conservation overlay district, the Design Review Board has reviewed the application for a Certificate of Appropriateness, with the deviations outlined 05-01-95 - - ____n_n___ ..---- - 21 - above. He reminded the Commissioners that the recommendation of the Design Review Board is to be given substantial weight in the Commission's decision-making process. The Senior Planner quoted from several sections of the Bozeman Zone Code, pertaining to the intent and purpose of neighborhood conservation overlay district. . Senior Planner Skelton reviewed the two deviations which are required for this project, and the reasons they are needed. He noted that neither deviation was identified in the applicant's application; however, since the garage is an accessory structure and is located within the setbacks, deviations are needed to allow the remodeled garage to continue to encroach into those setbacks. The Senior Planner stated that the Design Review Board reviewed this application in light of the three criteria set forth in Section 18.42.060 of the Bozeman Municipal Code. He noted that the 1990 Bozeman Area Master Plan Update, recognizes the importance of historic preservation, and the need to protect potentially historic structures in older portions of the community which are not yet historic in nature. He noted that renovation/replacement of old garages or carriage houses is one of the most common upgrades to take place in such a . neighborhood. He further recognized that, typically, because of the size of the lot and the manner in which it has been developed, deviations are usually required. He noted that the second criterion pertains to adverse effects on abutting properties, often because of a building's proximity to the property line. He emphasized the importance of ensuring adequate light and air to adjacent properties, and that the residential character of the area is maintained. The third criterion ensures that the public health, safety and welfare are retained, and that there is adequate access for emergency vehicles. Senior Planner Skelton noted during original consideration of this application, the applicant submitted a list of neighbors in the area who supported the proposal. He noted, at the time the packets were prepared for the Commission meeting, no new public testimony had . been received. The Senior Planner forwarded the Design Review Board's recommendation, dated November 9, 1993, for approval of the deviations, subject to the following conditions: 1. That the applicant install a gable roof, similar in pitch, eave detail, shingles and color, that the proposed cupola not be erected, and that the exterior elevations be revised accordingly for review and approval by the Planning Office prior to issuance of a building permit; and 05-01-95 -- _u _.~... .~.~ . -.-.- - 22 - 2. That the applicant obtain an approved Certificate of Appropriateness from the Planning Director and a building permit from the City Building Department prior to proceeding with the project. The Senior Planner reminded the Commission of the purpose of the neighborhood conservation overlay district, and further reminded them that their decision must be in . accordance with the goals and objectives of the Master Plan and the Zone Code. Senior Planner Skelton noted that the Commissioners have received copies of his memo, dated April 24, as well as all of the supporting documentation for this application. He noted that the Commissioners have also received a letter from Mrs. Mitchell, dated April 24, in which she provides information on the requested deviations and the errors which she has identified in the staff report. Historic Preservation Officer Derek Strahn stated that he is present to respond to questions, but is not prepared to make a staff presentation. Ms. Jennifer Bordy, attorney representing the applicant, reminded the Commission that the District Court has remanded this application back to the City Commission for a public hearing because it failed to follow the proper procedures during its initial consideration. She . noted that Planning Director Andy Epple represented the City in Court; and she feels it is important that the Commission understand what occurred during those proceedings. She then distributed folders containing a copy of the Court Order and information about the project, which she carefully reviewed. She stated that, hopefully, the Court decision will eliminate future problems with due process, for all people who go through this process. She noted that one of the primary issues was the lack of opportunity for public participation, a violation of not only the City's zoning ordinance but the Montana Constitution and the United States Constitution as well. Ms. Bordy stated that Mr. Keith Swenson, one of those who helped draft portions of the zone code pertaining to historic preservation, testified at length in Court about how amendments to the code have eliminated provisions for public input which he believes are . essential. She noted that when the Mitchells obtained a Certificate of Appropriateness to relocate a four-plex across West Mendenhall Street from its former location, public participation was allowed throughout the process; and that resulted in a project which was acceptable to the applicant as well as the surrounding neighborhood. She stated that under this application, 05-01-95 .- - 23 - however, the Mitchells were allowed only one opportunity for input; and they were precluded from addressing the Commission after additional information was submitted by staff. Ms. Bordy stated that three different definitions of "neighborhood" have been identified. She noted that under staff's interpretation, there are no gambrel roofs in the Mitchells' . neighborhood; however, in reality, there are gambrel roofs within only a few blocks of the subject property. Ms. Bordy then cited examples of inconsistent decisions under the zone code. She noted that at 216 North Wallace Avenue, which is individually listed on the National Register of Historic Places, a garage with a roofline four feet higher than the structure was allowed. She also cited the Gallatin Valley Seed Company renovation which was recently approved, despite the fact that it could lose its listing on the National Register of Historic Places with the renovation. Also, the Methodist Church was recently allowed to demolish its sanctuary, which will cause it to lose its listing as well. She then showed pictures of gambrel roofs in the community, noting that was the style most utilized by Mr. Fred Willson, a famed local architect. She also showed pictures of 302 North Wallace Avenue, which she characterized as the "twin" . to the Mitchells' house. She drew attention to the fact that the storage shed/garage at the back of the lot has a gambrel roof. Ms. Bordy noted that Mr. Ben Tintinger, a former member of the ORB, now serves as a consultant in Helena, and has written a letter in support of Jennifer Mitchell's proposal. She emphasized the importance of encouraging diversity within the neighborhood conservation overlay district. Ms. Bordy referenced Mr. McDonald's report regarding the subject property, commenting on several portions of it. She stated that, despite assertions that the Mitchells have done substantial restoration to house, the only thing they have done is to remove the siding that hid the siding which is now exposed. She noted that the 1984 inventory characterized the subject . property as an intrusive element in a potentially historic district. Ms. Jennifer Bordy stated that comments from the neighborhood have been positive; in fact, five of the neighbors testified that the applicants should be able to do anything they want to with their property. Ms. Jennifer Smith Mitchell, 122 South Church Avenue, stated that in 1947, Mr. Guy Warwood constructed the flat-roofed garage on the subject property. She noted that in 1990, 05-01-95 - 24- she applied for, and received, a Certificate of Appropriateness to construct a front porch addition, install a bay window where the four windows along East Olive Street currently exist, restore the original kitchen, restore the original back porch, add an arbor, and remove the masonite siding. To date, only the siding has been removed because of repairs and . maintenance problems which demanded immediate attention. One of those was a leak in the flat roof on the garage, which began in 1992. She noted that, due to the deteriorating condition of the roof, it became the top priority item; and, in an effort to renovate the structure with a roofline that would be compatible with the house while providing adequate room for a work area and storage, she considered several alternatives. She stated that construction of a gable roof on the existing garage would generate a finished space 4 % feet tall at its highest point, which is not tall enough for either herself, at 5 feet 6 inches, or her husband, at 6 feet 4 inches. She noted that to gain the height they need, the side walls would need to be extended; and then the width of the usable space would be limited. She noted, however, that with a gambrel roof, the needed height can be obtained without adding to the height of the walls. . Mrs. Mitchell stated that a review of the barn at the back of the lot at 302 North Wallace Avenue, which is a "twin" to her house, revealed that the structure is 16 feet wide, 26 feet long, and 12 feet tall. Her garage, on the other hand, is 16 feet wide, 22 feet long and 7 feet tall from the yard level. She further noted that the garage is set further back from the sidewalk than the barn at 302 North Wallace Avenue. She concluded that the site at 302 North Wallace Avenue has a nice appearance; and she believes it would be appropriate for her property as well. She cited her reasons for seeking approval of the gambrel roof, which include: it is less expensive to build; it provides usable work and storage space; it is historically sensitive; and her husband likes it. She stated that the cupola was added to provide ventilation for the upper level, rather than using modern techniques. Also, it provides a nice base for a weather vane. Mrs. Jennifer Mitchell stated that neighborhood comment is very important to her; and . the comments she received were supportive. She expressed concern that, until she reached the Design Review Board, she was not aware that the Planning office had any problem with the proposal. She stated that at that meeting, the DRB did not seem interested in her examples of neighborhood response; and one neighbor was present to speak in support of the design. 05-01-95 --...---.,. - 25 - She stated that the ORB followed the Planning staff's recommendation, which is for a design that she had not submitted. Mrs. Mitchell stated that she believes in good planning and supports a process which allows for public input. She characterized the gambrel roof style as very common in Bozeman, . stating she believes it is historically compatible with her house and the surrounding neighborhood. She encouraged the Commission to remember her property rights, her needs, her personal tastes, their budget, and the neighborhood comments. She also encouraged the Commission to act fairly and objectively, taking public opinion into consideration. Mr. William Mitchell, 122 South Church Avenue, raised the issue of consistency. He noted that the Gallatin Valley Seed Company renovation was approved, despite his wife's caution that the work being done on that building, which was listed on the National Register of Historic Places, could cause the building's de-listing. He noted that in this instance, their house is not on the Register, and is not a candidate for listing; however, the Commission previously voted to not allow the requested gambrel roof. He then reviewed some of the correspondence and minutes from the meetings at which the Gallatin Valley Seed Company . project was discussed and approved. Responding to Commissioner Stueck, Historic Preservation Officer Strahn stated that an entire site, or an entire neighborhood, is considered when listing on the National Register is contemplated. He noted that, because of the blanket type of review, the date of construction of the garage, even though it was built after the house, has no impact on the overall age of the property. He then noted the importance of realizing that buildings are dynamic. He stated that the neighborhood conservation overlay district has been created in recognition that probably the structures in that area are not fifty years old; but in a few years they will be. In an attempt to protect the potential for listing on the National Register of Historic Places, the neighborhood conservation overlay district provides an opportunity for review of proposals to modify buildings to ensure that the potential for listing is not compromised. . Responding to Commissioner Frost, the Historic Preservation Officer stated he feels that some day the subject property could be part of an historic district on the National Register of Historic Places. He noted that removal of the siding which had been installed over the existing siding has been an "incredible improvement" to the site and has helped to restore its appearance and integrity. He noted that Mr. James McDonald, who looked at the house during 05-01-95 -..----... - .----- .....-- - 26 - his original survey in 1984, has looked at the house since the siding was removed and agrees that the house is now a contributing element to the historic nature of the area, which it was not before. Historic Preservation Officer Strahn stated that Mr. McDonald is an architect from . Missoula who deals primarily with historic structures, noting the fact that Mr. McDonald is the main architect in charge of all historic preservation activities in Yellowstone Park. He also supervised the survey of over 4,000 properties in Bozeman in the mid-1980's. Mr. Rodney Campbell, 511 East Olive, stated his house abuts the Mitchell property on the east; therefore, it is the closest residence to the subject garage. He stated the requested gambrel roofline goes well with the house; he likes it; and encourages the Commission to approve it. Mr. Ernie Neckermann, 115 South Church Avenue, stated he lives across the street from the subject property, in a Queen Anne style home. He noted his strong belief in the planning process; however, he is concerned about the complicated process which the Mitchells have encountered, particularly since he is contemplating improvements to his own home. He stated . that he has supported the Mitchell's proposal since its introduction; and he still supports it. He noted that just about every other type of roofline is represented in the immediate area; and he feels a gambrel roof will blend well. Mr. Neckermann recognized that it takes a long time to change one's mind set. He encouraged the Commission to become supportive rather than adversarial, and to approve this application. Mr. Jeff Downhour, 418 South Bozeman Avenue, stated that, as an architect, he has worked on many historic as well as non-historic projects. He noted that the subject garage was built well after the neighborhood was established. He stated that if one looks at the types of construction used at the turn of the century, gambrel roofs are very typical. He also noted that . the cupola is very appropriate, designed for a useful purpose when they were used 100 years ago. Mr. Downhour stated the primary issue to be considered is impact on the neighborhood; and he feels the impact of this application would be positive. He stated that a gambrel roof would be preferable to the existing flat roof; and in five years, no one will realize it was done just a few years before instead of a long time ago. 05-01-95 n_.__ - 27 - Mr. Downhour stated he has sat before the Design Review Board on a number of occasions. He noted that the staff presentation sets the tone for the meeting; and, had the applicant been given an opportunity to make a positive presentation, the outcome would have been quite different. He indicated that one of the issues raised by Planning staff was the mass . and scale of the proposed gambrel roof. He feels that the mass and scale of the proposed gambrel roof is similar to that of other styles of roofs; and he feels the design is more appropriate. He then encouraged Commission approval. Mr. Gary Gullickson, 404 South Church Avenue, noted that he spoke in support of the restoration of the Gallatin Valley Seed Company, which is a significant structure in that part of the community. He then stated that he also supports this application, and that he feels a gambrel roof is an appropriate architectural style for the neighborhood. He expressed concern that all of the new buildings being constructed in the community have gable roofs, rather than a diversity of style. Mr. Gullickson noted that lots in the older part of the community are 25 feet wide by 150 feet long; and most structures do not meet today's setback requirements. He noted, . therefore, any attempt to upgrade those properties means that deviations or variances must be sought. He then encouraged the Commission to act upon applications in the neighborhood conservation overlay district with consistency. Mr. Gullickson cited several locations in the community where remodeling has occurred in older neighborhoods which is more obtrusive than this proposed roofline. He then expressed his pleasure at having an opportunity to provide input on this application, and encouraged Commission approval. Mr. Joe Zinner, 113 South Wallace, stated he has lived at that address for 68 years. He has a gambrel roof on the tool shed in his back yard; and no one has complained about it. He then encouraged the Commission to approve this application. . Ms. Rose Wentzel, 514 East Olive Street, stated she has been looking at the blue tarp on the garage for the past year and a half. She recognized the importance of historic preservation; however, she noted that renovation of the Gallatin Valley Seed Company has led to disruption of the lives of those who live in the neighborhood. She believes that approval of this application would result in an asset in a neighborhood that has been negatively impacted over the past three years. 05-01-95 --- ..-..--- ----- -'-~ - - -- - 28 - Mr. Arlan Wentzel, 514 East Olive Street, forwarded his support for the requested gambrel roof, or any other type of roof which the Mitchells wish to construct, because he does not believe the blue tarp has much historic significance. Mr. Chad Groth, 701 South Willson Avenue, stated he drives past this subject property . on a daily basis, on his way to work. He forwarded his support for the design of the garage roof, citing examples of different styles of architecture in close proximity in the South Willson Historic District. Ms. Carol Dietrich, 120 East Story Street, stated that she attended the District Court hearing recently held on this request. At that hearing, she was impressed with Mr. Keith Swenson's testimony and was reminded of the intent to provide for public input under the new zone code. She noted the importance of gaining the public input early in the process and of making decisions based on the best information possible. City Attorney Luwe drew the Commissioners' attention to the four charts standing against the wall, noting they are self-explanatory. He then stated that, since Ms. Bordy has referred to Mr. James McDonald's report, he is submitting a copy of that report to complete . the Commissioners' files. He cautioned that the report was prepared in response to the previous Commission's decision; and this decision is to be based on the information which has been submitted during this public hearing. Ms. Jennifer Bordy stated the subject garage will never be historic because it has a flat roof. She also noted that the bay window proposed for the house is not historic, either, although it is pleasing to the eye. She pointed out that Mr. McDonald's report reflects that significant restoration has been undertaken; however, in fact, only removal of the siding has occurred to date. Responding to Commissioner Stueck, Senior Planner Skelton stated that this application was remanded back to the City Commission to hold a public hearing. He stated that the . Commission's decision following the public hearing will determine whether review by the staff or the Design Review Board is necessary. City Attorney Luwe stated that the applicant is asking the Commission to accept the Design Review Board's recommendation, but eliminating Condition No.1. In response to Commissioner Youngman, Historic Preservation Officer Derek Strahn provided a clarification to one of the statements made during the public portion of this public 05-01-95 --- - - 29 - hearing. He recognized that Gallatin Valley Seed Company is in very close proximity to the subject property. He cautioned, however, that when considering neighborhood, it is important to separate residential development from commercial development because their characteristics are substantially different. He explained that the boundaries of a neighborhood are artificial; . however, for the purposes of reviewing a proposed project, it is important to consider the neighborhood in which the property is located. Further responding to Commissioner Youngman, Historic Preservation Officer Strahn stated he feels it is more likely that the neighborhood would be listed as an historic district on the National Register of Historic Places than for the Mitchell property to be listed as a single listing. He recognized the incredible amount of character and number of different styles represented in a very small area, noting that a gambrel roof does not currently exist within that area, but would not exclude the area from future listing on the Register. Mrs. Jennifer Smith Mitchell stated she does not have the time to pursue placement of her neighborhood on the National Register of Historic Places; and, with the remodeling that has occurred over the years, she is not sure it would qualify. She characterized the area as a . "working stiffs' neighborhood", noting that no famous people have lived there and no significant events have occurred in that area. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Responding to Commissioner Frost, City Attorney Luwe stated the references made to Mr. Swenson's court testimony is the applicant's interpretation of that testimony. He stated that if the Commission wants a transcript of the Court proceedings, the decision will be delayed for approximately one month. Commissioner Youngman expressed a desire to defer the decision for a period of two weeks, in light of the additional written material which the applicant's attorney submitted during this meeting. . Mayor Vincent requested that this item be placed on the afternoon agenda for the May 1 5 meeting. Break - 9:05 to 9: 15 D.m. Mayor Vincent declared a break from 9:05 p.m. to 9: 15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 05-01-95 --..- - 30- Public hearina - Commission Resolution No. 3053 - intent to vacate West Cleveland Street and West Harrison Street between the west riaht-of-way line of South 8th Avenue and the east right-of-way line of South 10th Avenue on Montana State University CamDus . reauested by Montana State University This was the time and place set for the public hearing on Commission Resolution No. 3053, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO V ACA TE AN D ABANDON THOSE PORTIONS Of WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT-Of-WAY LINE Of SOUTH 10TH AVENUE, LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS. Mayor Vincent opened the public hearing. City Engineer Craig Brawner presented the staff report, as contained in his memo dated March 31. He provided a history of street vacations on the Montana State University campus from 1901 to date, including vacation of West Harrison Street and West Cleveland Street between South 10th Avenue and South 11 th Avenue in 1905 and vacation of West Harrison Street between South 10th Avenue and South 8th Avenue in 1916. He further noted that . portions of South 11th Avenue were vacated in 1901 and 1905; however, conditions of subsequent street vacations in 1956 and 1991 required that South 11th Avenue remain open and be maintained for public use. City Engineer Brawner stated that staff reviewed this application for street vacations, taking into consideration the Transportation Plan Update. He noted that TSM SW14 sets forth the goal of establishing a perimeter route around the northeast corner of the campus. He further noted that the Transportation Plan Update supports the vacation of West Cleveland Street between South 8th Avenue and South 11th Avenue, along with the administrative closure of South 11 th Avenue. He stated that, following review of these transportation system management projects, the Planning Director has determined that closure of West Cleveland Street without administrative closure of South 11 th Avenue would be acceptable under the . current transportation plan. The City Engineer highlighted the comments of the various City staff members who had reviewed the requested street vacation, as contained in his memo. He noted that he, the fire Marshal, Director of Public Service, and Planning Director concur with the closure, under certain conditions; however, the Street Superintendent has forwarded his opposition to the vacation. 05-01-95 .---- - 31 - City Engineer Brawner informed the Commission that Montana State University is currently working on its underground utility tunnels. The tunnel has been constructed along most of the Garfield Street right-of-way; and construc,tion of the poured concrete tunnel under South 11th Avenue between West Cleveland Street and West Grant Street is scheduled for this . summer. He noted, because of that construction, South 11th Avenue will be closed for most of the summer. He cautioned that, coupled with the current closure of West Grant Street between South 6th Avenue and South 7th Avenue, the impact on traffic patterns in that area will be significant. He then forwarded his recommendation that vacation of the requested streets should not be allowed until after both of those streets are reopened on a permanent basis. The City Engineer presented the four conditions which staff recommends be attached to approval of the requested vacation, if the Commission chooses to act favorably on this application. He reviewed those conditions, noting that they address the concerns which the various staff members have raised, particularly over potential impacts on surrounding streets. Mr. Bob Lashaway, Director of Facilities at Montana State University, provided an . extensive background on the Montana State University campus as well as an update on the new parking lot plans on campus, which are currently being implemented. He reminded the Commission that surveys conducted in 1990 revealed that approximately 600 commuters were using neighborhood streets along the north and east sides of campus, rather than parking on campus. Creation of a neighborhood parking district in 1993 has caused those commuters to relocate, many of them to campus parking lots. He stated that, to cover the costs of the additional parking lots, stickers have increased from $17 for staff and $10 for students in 1989 to $60 this year and possibly $65 or $70 next year. He reviewed the parking spaces that have been added and lost due to various activities on campus over the last few years, noting that the main need for additional parking still lies within the northeast sector of the campus. Mr. Lashaway delivered a lengthy history on the changing orientation of the campus. . He noted that in the late 1930's, the main access to the campus was via South 8th Avenue; in the 1940's and 1950's, the main entrance was via West Garfield Street; in the 1960's and 1970's, the main entrance became South 11 th Avenue; and with the current construction of the North 19th Avenue interchange, it will change once again, as people enter the campus at the intersection of South 11 th Avenue and Kagy Boulevard. He stated that, in anticipation of 05-01-95 - 32 - this reorientation, the pylon on South 8th Avenue has been removed; and the information sign which has been located at the intersection of South 8th Avenue and West Cleveland Street is being relocated to the Huffman Building. Mr. Lashaway noted that, in conjunction with the requested street closures, a new . parking lot is proposed along the west side of South 8th Avenue, to accommodate 150 parking spaces for residents of Hapner Hall and Hannon Hall; and the lot along the east side of South 11 th Avenue is to be expanded with an additional 140 parking spaces. The remaining space between the two parking lots will remain in open space, which is a recognized amenity on campus. Mr. Lashaway reminded the Commission that the issue of pedestrian and vehicular interaction along South 11 th Avenue has been recognized for many years. He noted that surveys have identified 18,000 pedestrian crossings between 8:00 a.m. and 4:30 p.m. on school days; however, vehicular counts are not known. He stated that, because of the high number of pedestrian crossings, motorists seem to be cautious when traversing this section of the street; thus conflicts have been very minimal. . Mr. Bob Lashaway provided his responses to the four conditions which have been forwarded by City Engineer Brawner. He noted a willingness to comply with Condition Nos. 1 and 2. He expressed concern about Nos. 3 and 4, stating that he is willing to participate in the projects identified; however, he is concerned about the logistics which may be necessary for MSU to participate in off-site projects. At Commissioner Stueck's request, City Engineer Brawner reviewed the partial closure of South 6th Avenue at West Cleveland Street, characterizing the closure as an extended pedestrian bulb which does not allow northbound traffic on South 6th Avenue to cross West Cleveland Street and continue northward on South 6th. He noted that southbound traffic on South 6th Avenue would still be able to continue southward, crossing West Cleveland Street. . Responding to Commissioner Frost, the City Manager stated' he believes the City Commission would make the final decision on any administrative closure of South 11th Avenue. Responding to questions from Commissioner Frost, City Attorney Luwe stated that once a public right-of-way is vacated, the property reverts back to adjacent property owners. He 05-01-95 -- ...- _._---~,._-- -_.,--~ - 33 - stated that dedication of the right-of-way, eminent domain and prescriptive easements are possible alternatives for regaining the right-of-way. Responding to questions from Commissioner Youngman, City Engineer Brawner stated that an analysis of traffic impacts is needed within six months after the street closures to . determine how the closures have impacted the surrounding area. He noted that if any safety concerns arise, they can be quickly identified and addressed. Responding to Commissioner Stiff, Mr. Lashaway recognized that the proposed football stadium will take up a substantial amount of the parking currently located south of the Fieldhouse. He noted that options for replacement parking include construction of a parking lot across Kagy Boulevard, which would be used for events, or construction of a three- or four- level parking structure at the corner of West Grant Street and South 11 th Avenue, in the existing parking lot. He stated that his preference is for a multi-story parking facility; however, he noted that expense may preclude that alternative. Mayor Vincent asked if MSU plans to ask for closure of South 11 th Avenue and Kagy Boulevard during construction of the new football stadium, similar to the requested closure of . West Grant Street for the new engineering building. Mr. Lashaway responded that they would not. He reviewed the differences in the sites, noting there was not sufficient room to store materials and work on the site for the new engineering building; therefore, the materials are being stored across the street. The area around the new football stadium site is sufficient for storing of materials; therefore, he anticipates that any requested closure of the surrounding streets might be for one or two days, while work is being done in the street. Mr. Jim Goetz, 1019 South Third Avenue, reviewed the contents of his letter to the Commission dated April 27, a copy of which was included in the Commissioners' packets. He stated that the current closure of West Grant Street has significantly impacted traffic patterns in that area of the community; and reaching the southwest corner of the campus from his home is very difficult. He quoted from the City Engineer's written report to the Commission, in which . the Street Superintendent forwarded his reasons for opposing the requested street vacations. He concurred with the Superintendent's recognition of already congested traffic on South 11th Avenue, South 8th Avenue and West College Street. He cautioned that closure of West Cleveland Street and West Harrison Street will remove alternative routes currently being used; and that will only add to the congestion of those roadways and their intersections. 05-01-95 - 34 - Mr. Goetz encouraged the Commission to consider the permanent residents in that area when taking action on the requested street vacations. He stated that, while he has no strong opposition to closure of West Harrison Street, he is very concerned about the potential closure of West Cleveland Street, which is frequently used for east/west travel. . Mr. Goetz stated that a review of Ordinance No. 305, which is the 1905 vacation of portions of West Cleveland Street and West Harrison Street between South 10th Avenue and South 11th Avenue, reflects a very ambiguous legal description. He cautioned that the Commission should not automatically assume that those portions of the roadways have been vacated. He noted that, even though those rights-of-way may have been vacated, public use of those streets has been allowed to continue for 90 years; and these circumstances could provide grounds for a prescriptive easement. Mr. Goetz stated he is very sympathetic to the needs of the University; and he recognizes the benefits they provide to the community. He stated, however, that he believes the safety of students on campus must be balance with the interests of the residents of Bozeman. He noted there is no apparent loop close to campus; rather, it appears that the loop . is South 19th Avenue and Kagy Boulevard. He stated this creates a significant inconvenience for people who live close to the campus and encouraged the Commission to carefully consider those residents when taking action on this request. Mr. Goetz expressed concern over the lack of public notice of this proposed street vacation. Mr. Bill Kolwyck, 812 South Third Avenue, stated that traffic has increased substantially in his area because of the closure of West Grant Street. He expressed his opposition to the closure of streets, particularly because of the negative impacts they have on emergency services such as fire and police, as well as for service operations such as snow plowing and garbage collection. He stated that, while he recognizes the benefits the University provides, the community still needs roads to move traffic. . Ms. Lisa Prugh, 404 South 6th Avenue, stated she is neither supporting nor opposing the requested street closures. She did, however, stated that she was involved in development of the transportation plan update from its inception to its completion; and she raised several questions and issues which she asked the Commission to carefully consider in its deliberations. She noted that when South 7th Avenue was vacated between West Cleveland Street and West 05-01-95 - 35 - Grant Street, northbound traffic on South 6th Avenue increased tremendously. She stated that if the closures under consideration are approved, she feels it is imperative that the proposed condition to partially close South 6th Avenue at West Cleveland Street be included. She cautioned that closure of the two subject streets could have significant impacts on the . intersections of South 11th Avenue/West College Street and South 19th Avenue/West College Street. She noted that the transportation plan recognizes the existing deficiencies of those intersections, which will become even greater with closure of these two streets. Ms. Prugh questioned the wisdom of a multi-level parking facility at the intersection of South 11 th Avenue and West Grant Street when the new entrance to the campus is to be at the intersection of Kagy Boulevard and South 11 th Avenue. She suggested, instead, that a large parking lot be constructed at the edge of the campus, with a small shuttle bus service providing rides from that parking lot to the interior portions of campus. She noted that would better allow the University to attain its goal of no private vehicles on campus while allowing people to move around in an efficient manner. Ms. Prugh asked the Commissioners to consider the citizens of Bozeman, and the . residents and businesses to the north of the campus when taking action on these requested street vacations. She characterized travel along West College Street between South 8th Avenue and South 11 th Avenue as a "nightmare" and cautioned against adding traffic to that portion of the roadway. Ms. Lisa Prugh stated she is definitely concerned about the timing of the closure. She recognized the importance of having South 6th Avenue, West Grant Street and South 11th Avenue open on a permanent basis before closure of West Cleveland Street and West Harrison Street is allowed. She also noted that the pedestrian bulb on South 6th Avenue at West Cleveland Street must be installed before the streets are closed, to avoid the potential for negative impacts on that street. Ms. Prugh asked that the Commission leave the public hearing open, because she . believes they have not yet received adequate public input. Mr. Bob Lashaway responded to several of the comments which had been forwarded, reminding the Commission that a majority of staff supports the requested street vacations, under certain conditions which the University is willing to meet. He noted that comments pertaining to the lack of pUblic notice are typical. He reminded the Commission of the process 05-01-95 - 36 - and public input which have accompanied development of the transportation plan update, of which the requested street vacations are a part. He noted that West College Street has been identified as the east/west link in this portion of the community. He recognized that traffic has increased on South 6th Avenue; and that street is a residential street. He further noted it is . difficult to understand why people would use this street, which is uninviting with its unprotected intersections. He suggested that closure of West Cleveland Street between South 8th Avenue and South 11 th Avenue might actually benefit the residents along that street between South 8th Avenue and South Willson Avenue, since it would no longer be considered an east/west link. Mr. Lashaway recognized the need to seek vacation of the subject streets, even though old records suggest that a majority of the rights-of-way have already been vacated because of the fact that the rights-of-way have remained open to public use rather than being abandoned shortly after the vacations were approved. Mr. Lashaway acknowledged that a new parking facility could be located in a number of places on campus. He noted that if it were constructed in the location he proposed, at the . corner of South 11th Avenue and West Grant Street, it could be used by campus users on a daily basis. He believes that if it were constructed across Kagy Boulevard, it would probably be used for special events only. He stated that operating a bus system on campus for the convenience of the campus users would be extremely expensive; however, an extra stop has been added to the Bobcat transit system at the Huffman lot, for the convenience of those who park there. Mr. Lashaway stated that, with closure of streets and improved lighting on the campus, the safety of students walking at night should be enhanced. He noted that it is much easier to be accosted at night when walking along a street than when walking across a well-lit closed campus, especially around bar closing time. He then stated he feels that the lengthy process followed to this point has provided adequate opportunity for public input. . Commissioner Frost stated an interest in seeking more public input. He noted that, after an article has run in the newspaper regarding the proposed closure, it is likely that some people will wish to address the issue; and if the public hearing is closed, they will be precluded from doing so. 05-01-95 - - 37 - Commissioner Youngman agreed, noting she also has an interest in leaving the public hearing open to receive more public input. Mayor Vincent stated his concurrence as well. He stated his interest in seeking a comprehensive analysis of traffic around the entire University area, noting that studies have not . been conducted since 1990. He believes that traffic patterns around the campus area have changed significantly since that time; and, without knowing the major impacts that might occur, given today's traffic patterns, he is concerned about acting on this item. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission continue this public hearing to a special Commission meeting to be held at 7:00 p.m. on Monday, May 8. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. PreDaration of City Commission's orooosed budaet unit for Fiscal Year 1995-1996 City Manager Wysocki suggested that the Commission defer this agenda item until after . the public hearing has been completed next Monday evening. Commission Resolution No. 3056 - revisina the structure of the Community Develooment Block Grant {CDBG} Loan Review Committee and renaming it the "Housing Loan Review Committee" Distributed to the Commission in last week's packet was a copy of proposed Commission Resolution No. 3056, entitled: COMMISSION RESOLUTION NO. 3056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE STRUCTURE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOAN REVIEW COMMITTEE, AND SUPERSEDING COMMISSION RESOLUTION NO. 2569. City Manager Wysocki suggested that, due to the late hour, this item be deferred to next week's special meeting. . Discussion (continued) - FYI Items ( 17) City Manager Wysocki continued his weekly report, as follows. (8) Participated in Clean Up Bozeman on Saturday. (9) Announced that capacity testing of the South Bozeman 05-01-95 - 38 - Street sewer line is being done this week; and a neighborhood representative has been contacted. ( 18) Commissioner Stueck stated he has received a call from an individual concerned that a snow shoveling citation appears as a criminal offense rather than a civil offense, and that . it will show on his record. The City Attorney responded that the citation is a local citation only and will not be reflected on any record. ( 19) Commissioner Frost submitted the following. (1) Participated in Clean Up Bozeman on Saturday. (2) Attended the affordable housing workshop on campus on Saturday. He noted that in that workshop, it was stressed that plans may include relaxation of standard street sizes, not for affordability, but to achieve a sense of neighborhood. He also noted that a 15- percent set aside for "moderate-priced development units" was discussed. (3) Noted an article in the April 24 edition of the Nation's Cities Weekly, entitled Cards Ensure That Residency Has Its Privileges, and suggested that such an approach might be beneficial for the library and recreation programs in Bozeman. e (20) Commissioner Frost noted that in the April 24, 1995 edition of Nation's Cities Weekly, the National League of Cities encourages local governments to write letters encouraging the ban on assault weapons. He then asked that the Commission consider writing such a letter. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct Mayor Vincent to send a letter to the Congressional delegation encouraging them to retain the ban on assault weapons. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No being Commissioner Stueck. (21 ) Commissioner Youngman submitted the following. (1) Went on a sign tour this week with Mr. Tom Burnett. She suggested that the staff prepare a memo for general . distribution which lists typical questions and the answers, noting that standard questions seem to arise as the date for sign amortization approaches. She noted this approach might help to alleviate a number of misconceptions in the community. (2) Noted that the Commissioners have received copies of a letter from Mr. Svehla to Director of Public Service Forbes regarding closure of Perkins Place, and asked for a staff update on that issue. (3) Attended the TCC 05-01-95 - 39 - meeting on Wednesday morning. She noted that the North 7th Avenue project will begin in the near future, without sidewalks. (4) Stated a willingness to speak on behalf of the Commission at the dedications ceremonies for the Sacajawea sculpture on May 14, if that is the Commission's desire. . (22) Commissioner Stiff submitted the following. (1) Attended Audit Committee meetings last week. (2) Attended a Senior Corp of Retired Executives last week, at which Representative Rod Marshall gave a presentation on the recent legislative session. (23) City Attorney Luwe stated that, this past week, the City received reimbursement checks from Safeco in the amount of $3,481 and from USF&G in the amount of $16,536 for the Bozeman Solvent Site. (24) Mayor Vincent reminded the Commissioners to forward Questions to be addressed by the CDBG Loan Review Committee to the Clerk of the Commission by 5:00 p.m. on Wednesday, May 3. , Adjournment - 10:40 D.m. . There being no further business to come before the Commission at this timet it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. --- ~~ J VINCENT, Mayor ATTEST: (~o/~ ROBIN L. SULLIVAN . Clerk of the Commission 05-01-95