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HomeMy WebLinkAbout1995-01-17 ccm ___n.__._...._".. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 17, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 17, 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 - SeDtember 6 & 12. October 3 & 17. December 19 & 27. 1994. and Januarv 3 & 9. 1995 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the . minutes of the meetings of October 3, 1994 and December 19, 1994 be approved as amended and that the minutes of the meetings of September 6, September 12, October 17, and December 27, 1994, and January 3 and January 9, 1995 be approved as submitted. 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. Decision - reauest for modification of conditions for aDDroval of annexation of 147.23 acres located in the NE%. Section 25. T2S. R5E. and the NE%. Section 30. T2S. R6E. MPM (north of Goldenstein lane. east of South Third Avenue) - Don Hannah This was the time and place set for the decision on the request for modification of cond itions of annexation for 147.23 acres located in the Northeast one-quarter, Section 25, . Township 2 South, Range 5 East, and the Northeast one-quarter, Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, as requested by Mr. Don Hannah. The subject site is more commonly located north of Goldenstein Lane and east of South Third Avenue. 01-17-95 .--.--.. .-..-------.-- - 2 - Senior Planner Dave Skelton reviewed his memo of January 13, a copy of which had been included in the Commissioners' packets, noting that it provides responses to specific questions and issues raised during last week's agenda meeting. He then stated a willingness to review any of the specific issues contained in that memo if the Commissioners desire. . City Manager Wysocki noted that, distributed just prior to the meeting, was a memo from City Attorney Luwe and Planning Director Epple, dated January 17, regarding the possible addition of a condition if the Commission approves the requested deletion of Condition Nos. 4 and 5, as follows: That a section shall be included in the Annexation Agreement setting forth that developmental constraints exist on the subject property due to the presence of sensitive environmental conditions, including groundwater and surface water resources, floodplain, wildlife habitat, etc., with the final language and form of said addition to the Annexation Agreement subject to review and approval by the City Attorney. At Commissioner Youngman's request, Senior Planner Skelton reviewed his memo particularly as it pertains to septic tanks and deed restrictions. He stated that a conversation with Mr. Tim Roark, Gallatin County Health Department, revealed that almost 99 percent of all . applications for septic tanks are approved, unless the topographical conditions are too severe. He noted that high groundwater is not uncommon in the Gallatin Valley; and high-tech systems are generally allowed. He then indicated that of the 585 applications filed last year, 460 have been approved and the remaining are currently in the review process. The Planner stated that this morning, Mr. Roark indicated that he is the State's representative for Gallatin County; and he reviews and acts on all information submitted to the Montana Department of Health and Environmental Sciences from Gallatin County. Senior Planner Skelton then addressed the issue of deed restrictions. He noted that a deed restriction could be placed on approval of the annexation, possibly through language in the annexation agreement; or it could be attached through the subdivision plat. The Senior Planner stated that conversations with representatives from the Montana . Department of Natural Resources and Conservation, the Department of Fish, Wildlife and Parks, and the Soil Conservation Service reflect that the acts pertaining to degradation of streams pertain to development along those streams, but not to agricultural uses. He stated that deterioration from agricultural uses or livestock are not subject to any regulations by these agencies. He suggested that from a practical standpoint, environmental issues and critical 01-17-95 - 3 - lands issues can be most effectively addressed through subdivision review and a planned unit development. He stated that if the subject property remains zoned R-S, it can be developed at a density of 1.3 units per acre through the planned unit development, whether it is annexed or not. . Responding to Commissioner Frost, the Senior Planner stated that the difference between development of this parcel as a County planned unit development and a City planned unit development is whether City water and sewer services can be used. Responding to Commissioner Frost, City Attorney Luwe stated the condition which he and Planning Director Epple have recommended does not reference a deed restriction, rather, it proposes that language be added to the Annexation Agreement to cover the issue. He noted that in this instance, the proposed deed restriction is not designed to restrict use of the property; but it is intended to put people on notice that critical lands are involved and are to be taken into consideration when developing the site. He noted that, because of that intent, staff feels that inclusion in the Annexation Agreement is more appropriate than a deed restriction; and it will surface in any title search. . Senior Planner Skelton reminded the Commission that if the property is annexed, the parcel will still be subject to the subdivision review process. He suggested that a notation could be required on the map, pertaining to the critical lands, similar to the notations which are often required regarding high groundwater. Responding to Commissioner Stueck, the Senior Planner stated that the only issue under consideration at this time is the applicant's request that Condition Nos. 4 and 5 be removed from the listed conditions for annexation (which were as follows). 1 . The landowner shall execute and file with the Gallatin County Clerk and Recorder's Office the following waivers of right to protest the creation of Special Improvement Districts, or other appropriate financial participation, on a prorata basis: A. Street improvements to South 3rd Avenue including paving, curb/gutter, sidewalk and . storm drainage facilities. B. Improvements to realign the intersection of South 3rd Avenue and Goldenstein Lane. C. Signalization improvements at the intersection of Kagy Boulevard and South 3rd Avenue. D. Street improvements to Sourdough Road including paving, curb/gutter, sidewalk and storm drainage facilities. 01-17-95 ----- -- -- -------- -- --.. -.---.-- -- --- -.. '.-. .--- ---. -.------ - 4 - 2. Reimbursement of the prorata portion of the costs for the South Third/Graf/Wagon Wheel intersection modifications, previously completed by the City, should be required. Calculation of the subject property prorata share will be determined for inclusion in the Annexation Agreement. 3. Adequate easements (80 foot total eventual right-of-way widths) . for the realignment of the intersection of South 3rd Avenue and Goldenstein Lane shall be granted to the City. 4. An appropriate urban Master Plan land use map amendment must be applied for and approved in accordance with applicable policy. 5. An appropriate, urban zone map designation(s) must be applied for and approved in accordance with applicable law. 6. The Annexation Agreement shall acknowledge that the landowner shall correct any sewer capacity problems identified by the City Engineering Department as being caused by development of the tract in question. 7. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat approval, final site plan approval, or the issuance of a building permit, whichever comes first. 8. The applicant shall provide a mylar, record annexation map which meets the requirement of the Director of Public Service. . The Senior Planner then stated that the requested master plan amendment and zone map amendment were triggered by the City's annexation policy. Commissioner Stiff stated his support for the City Attorney's suggestion that language regarding the critical lands be included in the Annexation Agreement rather than through deed restriction. Commissioner Frost stated his preference for a deed restriction. Commissioner Youngman stated a willingness to accept either option, recognizing benefits in each option. City Attorney Luwe suggested that alternative language for the proposed additional condition might be "That a deed restriction or similar mechanism pertaining to environmental concerns be filed with the Clerk and Recorder, ..." He then reminded the Commission that . Annexation Agreem~nts are also filed with the Clerk and Recorder. Commissioner Youngman stated her support for the requested modification of conditions, entering a lengthy written statement into the record. She noted her continued concern over the environmental issues, particularly those involved in the subject parcel. 01-17-95 --.-- __._____u....___ - 5 - Commissioner Youngman noted her familiarity with, and enjoyment of, the property, since she has spent years walking the Sourdough Trail; and she has spent an extensive number of hours at the site during the various review processes which have occurred this past year. She recognized, however, that she has also been aware of the fact that this is private property . and that it has been zoned for suburban residential development for more than twenty years. She stated that during development of the master plan update and the Parks, Open Space and Trails Plan a few years ago, no attempts were made to earmark this land for open space or park acquisition. She cautioned that, as the community grows, people can no longer take this type of amenity for granted, but must take the necessary steps at the appropriate time to protect the open, undeveloped areas that have been identified as desirable to maintain as open and undeveloped. She noted that, while she recognizes and applauds the efforts of the 50S, she realizes that today's decisions must be based on today's circumstances and not on tomorrow's potentials. Commissioner Youngman noted that, after review of all of the information available in April, she voted to annex the subject parcel, due in part to the fact that the area is too . sensitive to allow the potential of groundwater degradation because of the lack of City water and sewer services. She stated that since that time, more detailed information on issues such as the environmental sensitivity of the land has been submitted. She noted that the issue before the Commission at this time is whether to change two of the standard conditions for annexation. She stated that, typically, a master plan amendment and a zone map amendment to allow for urban density development are required, which helps to avoid urban sprawl. In this instance, however, because of the unusual characteristics of the property, she feels that the standard approach isn't necessarily appropriate. She noted that, while the Commissioners registered some discomfort with the urban density zoning designation, none of them thought to ask if the R-S zoning could be retained. She stated however, that since they have learned it is an option, she feels it is appropriate and would provide a greater comfort level for the City . Commission, and possibly address some of the County Commission's concerns. Commissioner Youngman noted that the Planning staff and the Planning Board recommended against the urban density. The Planning staff did not, however, recommend against annexation; and the Planning Board does not become involved in the annexation process. 01-17-95 -- .....------ ...--. --.. - 6 - Commissioner Youngman reminded the Commission that during the public hearings, many citizens stated their preference that the property not be developed. They further expressed concern that any development greater than that allowed under the R-S zoning would be inappropriate for the area. She stated that by eliminating the requirement for an urban . zoning designation and adding a deed restriction or other mechanism which pertains to environmentally sensitive lands, the City may better serve the public interest. She also noted that through the planned unit development process, additional protection may be possible. Commissioner Youngman noted that the public testimony received during the past year has been valuable, helping the Commission to recognize the importance of addressing special circumstances during the annexation process and providing the motivation to begin the critical lands study. Commissioner Youngman concluded her statement by once again stating her support for the requested modification, with the additional condition recommended by staff. Commissioner Stiff stated concurrence with Commissioner Youngman's statement. Commissioner Stueck stated his agreement with Commissioner Youngman. He stated . his main concern is water quality, noting he has no confidence in septic systems. He stated support for removal of the two conditions and addition of the recommended condition. He noted that development of the site through the use of City services will ensure that the existing wells and septic systems in the immediate area are not negatively impacted. Commissioner Frost recognized the uniqueness of the property which is involved. He noted that two issues which have surfaced through the various review process are the need for a critical lands study and a recognition that the master plan does not protect these lands as much as the Commission had originally thought. He stated that those deficiencies are currently being addressed. Commissioner Frost stated he feels that retaining the R~S zoning designation is appropriate for this annexation, noting he was never comfortable with the proposed R-1 zoning . because of the density that is allowed in that zone. He emphasized the importance of remembering that the subject parcel is privately owned property and that the developer has a right to develop it if he so chooses. He noted that to annex the parcel will ensure that City services are used and will provide opportunity for review of any development proposals to ensure that the unique characteristics of the site are protected. He then forwarded his support 01-17-95 -- -..--...----.-..- - - 7 - for removing Condition Nos. 4 and 5 from the original approval of the annexation, and adding the new condition proposed by staff, stating he feels it is in the best interests of the community, the subject parcel and the general area. Responding to questions from Mayor Vincent, the City Attorney stated he does not . believe that the Commission must determine that substantial change has occurred to justify removal of the two requested conditions. He noted, rather, that the request is for reconsideration of the original decision and should be addressed in that light. Mayor Vincent stated his opposition to removing the two conditions as requested. He stated that, while he supports the idea of requiring a deed restriction, under the proposed additional condition, he does not support the larger question under consideration. The Mayor stated he feels the staff recommendations, the Planning Board vote and the County Commission vote are all relevant and should be considered in this decision-making process. He noted that, had the County Commission voted to approve the master plan amendment, this request would not be before the City Commission. Mayor Vincent reviewed many of the goals and policies contained in the annexation . policy, stating he does not believe that this requested annexation meets them. Those goals include smoothing of the city boundaries; enhancing the existing circulation system; preserving unique environmental and aesthetic values of the community; incorporating properties within the urban service boundaries; requiring that the appropriate master plan land use designation be sought and obtained; requiring that consideration be given to the impact of the annexation on services affecting the public's health, safety and welfare, including fire protection and streets; considering impacts on the schools; and giving preference to annexations proposals that show promise of immediate and steady growth. He stated that, in light of these goals and policies, he feels that a vote against this annexation is justified. Mayor Vincent noted that many of the statements which were made in previous hearings are no longer being made. Those include the shortage of R-1 zoned lots in the . community, and the need for additional lots in that zoning designation. He then reaffirmed his opposition to removing the two conditions as requested by the applicant. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the request for modification of conditions of annexation for 147.23 acres located in the Northeast one-quarter, Section 25, Township 2 South, Range 5 East, and the 01-17-95 - 8 - Northeast one-quarter, Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, as requested by Mr. Don Hannah, by deleting Condition Nos. 4 and 5 and adding a new conditions, so that the conditions for annexation are as follows: 1. The landowner shall execute and file with the Gallatin County . Clerk and Recorder's Office the following waivers of right to protest the creation of Special Improvement Districts, or other appropriate financial participation, on a pro rata basis: A. Street improvements to South 3rd Avenue including paving, curb/gutter, sidewalk and storm drainage facilities. B. Improvements to realign the intersection of South 3rd Avenue and Goldenstein Lane. C. Signalization improvements at the intersection of Kagy Boulevard and South 3rd Avenue. D. Street improvements to Sourdough Road including paving, curb/gutter, sidewalk and storm drainage facilities. 2. Reimbursement of the prorata portion of the costs for the South Third/Graf/Wagon Wheel intersection modifications, previously completed by the City, should be required. Calculation of the subject property prorata share will be determined for inclusion in the Annexation Agreement. 3. Adequate easements (80 foot total eventual right-of-way widths) . for the realignment of the intersection of South 3rd Avenue and Goldenstein Lane shall be granted to the City. 4. That a deed restriction or similar mechanism pertaining to environmental concerns be filed with the Clerk and Recorder, setting forth that developmental constraints exist on the subject property due to the presence of sensitive environmental conditions, including groundwater and surface water resources, floodplain, wildlife habitat, etc., with the final language and form of the document to be subject to review and approval by the City Attorney. 5. The Annexation Agreement shall acknowledge that the landowner shall correct any sewer capacity problems identified by the City Engineering Department as being caused by development of the tract in question. 6. Water rights or a cash-in~lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat approval, final site plan approval, or the issuance of a building permit, whichever comes first. . 7. The applicant shall provide a mylar, record annexation map which meets the requirement of the Director of Public Service. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Commissioner Youngman; those voting No being Mayor Vincent. 01-17-95 --...-- - u..._ - 9 - Reauest for permission to address Commission re snow shoveling ordinance - Paddv Ferriter. 113 South Bozeman Avenue City Manager Wysocki stated Ms. Ferriter is not present at this meeting. He then distributed copies of Chapter 12.24 of the Bozeman Municipal Code to the Commissioners, noting that he can provide the background information on her request as a result of several . conversations with her over the past few weeks. He stated the subject property is zoned B-3, which triggers a shorter timeframe for removal of snow than is typical for most residents in the community. The City Manager noted that at one timet the City plowed all of the sidewalks in the community; however, that program was eliminated in 1978/ due to the City's financial condition. To date, the program has not been re-implemented; and to do so would cost a substantial amount, both in start-up costs and operational costs because of the additional sidewalks that have been installed since then. The City Manager reminded the Commission that the current ordinance requires that all property owners and residents be responsible for cleaning the sidewalks adjacent to their homes, making no allowances for the elderly or disabled. He cautioned that to begin providing . exemptions to the requirements of this ordinance could create problems, stating he feels that it would be better to pursue other alternatives, like trying to establish a list of those who would be willing to clean sidewalks either on a volunteer basis or for a set price. Responding to questions from Commissioner Frost, the City Manager cautioned against the City becoming involved in the clearing of more than just the sidewalks around City- owned properties. Commissioner Frost stated support for the existing ordinance, noting his appreciation for the clean sidewalks. Commissioner Youngman stated she feels that sidewalks must be kept clear in the winter, noting that the elderly and the disabled often use them. She then stated support for . the idea of developing a list of volunteers who would be willing to assist the elderly and disabled in keeping their sidewalks clear. Commissioner Stiff stated he does not feel the City should assume any responsibility for keeping sidewalks clear. He noted, rather, he feels that the individual residents or property 01-17-95 ...-.-- -.- - -. - ..--..-----..- ... -....-..-.-.-....-. --.- ..--.--...-. --.------.-.-.. ------ - 10 - owners should be responsible for their own sidewalks, hiring someone to do the work if necessary. Mayor Vincent stated his support for developing a list of volunteers, for those who need such services. He noted that in some areas of the community, neighbors are willing to . clear sidewalks for their elderly or disabled neighbors, just to help out; and this type of effort could possibly be encouraged. He recognized the importance of keeping the sidewalks clear, particularly for those who are disabled. He noted that sometimes his wife is "block bound" because the plows have piled the snow up too high at the corners for her to cross it. He then stated that this type of policy is an important one, however, he suggested it may be beneficial to review the policy when time allows. Mr. Bob Lee, 2101 Fairway Drive, noted that people often hesitate to become involved in contracting for sidewalk clearing because of the liability issues. He then suggested that the City could possibly provide a blanket liability coverage for all bona fide volunteers, similar to the program which has been adopted by the Forest Service for the national trail system. . The City Manager stated he will be in contact with Ms. Ferriter regarding this issue. Commission Resolution No. 3038 - support for efforts to retain Montana Law Enforcement Academv in Bozeman City Manager Wysocki noted that, included in the Commissioners' packets was a copy of Commission Resolution No. 3038, as approved by the City Attorney, entitled: . .COMMISSION RESOLUTION NO. 3038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IN SUPPORT OF EFFORTS TO RETAIN THE MONTANA LAW ENFORCEMENT ACADEMY IN BOZEMAN. The City Manager reminded the Commission that he had requested this item be removed from the Consent Items for discussion. . City Manager Wysocki suggested that, in light of the meeting which he attended last Friday, it would be appropriate for the Commission to not adopt this resolution at this time. He stated that the Police Department and Sheriff's Department have chosen to back the Governor's recent proposal to relocate all phases of the Montana Law Enforcement Academy to the Mountain View facilities in Helena. He stated that the committee which was recently 01-17-95 .. .--. ----...-.--. ---.-. --.... .- ---- ..-- -..-.-...- - 11 - formed recognizes the benefits of having the dorms and all training facilities, including the driving range and shooting range, all in one location and have decided to support the Governor's proposal rather than seeking to retain the MLEA in Bozeman. He noted, however, that the committee has indicated an interest in pursuing this issue once again if the Governor's . proposal does not become a reality. Commissioner Stiff stated his concurrence with the City Manager's comments, stating he feels it is important to support the position which has been taken by the local law enforcement agencies. He noted that the Governor has worked diligently to develop a proposal that seems to be in the best interests of law enforcement, and he agrees that proposal should be supported at this time. Responding to Commissioner Frost, the City Manager suggested that, rather than adopting this resolution, it would be better to send a letter which states support for the Governor's proposal and indicates that if that proposal does not become a reality, Bozeman wants to be reconsidered for the site of the Academy. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the . Commission not adopt Commission Resolution No. 3038, but send a letter to the Legislators stating the City's support for the Governor's proposal. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Nicholas H. Davis to Detective Mark LaChapelle, dated January 12, thanking him for a tour of the Police Department. (2) Letter from Big John's, LLC, dated January 11, regarding their proposal to . dump their pumpings from portable toilets and septic tanks at the Waste Water Treatment Plan. (3) Copy of the annual report from the City-County Planning Board, which is to be included as an insert in Sunday's edition of the Bozeman Daily Chronicle. Commissioner Frost stated that this flyer is very informative. He noted that it reflects the importance of addressing the issue of growth as quickly as possible, particularly when one 01-17-95 -- - . - 12 - recognizes that it is occurring at nearly twice the rate projected. (4) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse. (5 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. . on Wednesday, January 18, in the Commission Room. (6) Agenda for the Development Review Committee which was held at 10:00 a.m. today in the Commission Room. (7) Agenda for the Chamber meeting which is to be held in Helena at 10:00 a.m. on Thursday, January 19, and an invitation to attend an evening with legislators on January 31 . (8) Listing of the members on the various boards and commissions, dated December 21, 1994. (9) The City Manager announced that Assistant City Manager Brey has set the meeting with the County and the School District regarding the urban renewal program for 4:00 p.m. next Monday. He stated that, in light of this meeting, he will provide an update on the . status of goals for this fiscal year at 3:00 p.m., with the presentation of staff goals being deferred to the January 30 work session. He noted that the Commissioners' goals will then be due to the Clerk of the Commission on February 6, for tabulation in preparation for setting of goals for Fiscal Year 1995-96, beginning at the February 13 work session. (10) The City Manager stated that other topics for work sessions may be selected after the February 13 work session, unless the goal-setting process is not yet complete. He noted that several of the topics contained on the listing developed by the Commissioners seem to be relatively close in priority, and asked that the Commissioners consider selecting the next few topics, in order, so they can be appropriately scheduled. Commissioner Frost asked that the discussion on growth management and update on the critical lands study be set for the next available work session . The City Manager indicated that can be set for the February 27 work session. (11 ) The City Manager submitted his weekly report, as follows. (1) Made two trips to the Legislature last week to testify on bills being introduced to committees. (2) Announced that Administrative Services Director Gamradt attended a meeting with other Finance Directors from around the State last week to work on redrafting of portions of Title 7. 01-17-95 -.....- - 13 - (3) Announced that staff has received two proposals in response to its request for a financial advisor for the $5 million general obligation bond issue. (4) Noted the substantial amount of snow that the Bozeman area has received. He noted that, while the snow routes look pretty good, there is a lot of snow on the other streets. (5) Announced that the Police Department . appears to be close to clearing up some outstanding burglaries. (6) Met with representatives from the Downtown Bozeman Association about removing snow from Main Street, Mendenhall Street and Babcock Street, and the costs of doing so. (7) Announced that he has agreed to serve on the search committee for an Executive Director for the Bozeman Area Chamber of Commerce. (8) Announced that staff review of the capital improvement program is currently in process. (9) Reminded the Commission that Local Government Day will be held in Helena on Friday. (12) Commissioner Youngman submitted the following. (1) Stated she will attend the Transportation Coordinating Committee meeting tomorrow if possible. (2) Noted that a citizen commented to her about the magnificent snow plowing this winter, and asked that the comment be passed along to staff. . (13) Commissioner Stiff submitted the following. (1) Attended the City-County Health Board retreat last week. (2) Attended the Cemetery Board meeting last week. (3) Attended a meeting last week regarding the Montana Law Enforcement Academy. (14) City Attorney Luwe announced that last week, the Montana Supreme Court upheld City Court and District Court convictions on a misdemeanor assault case, determining that his contention that the trial did not meet speedy trial requirements was unfounded. (15) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for the January 24 work session. (2) Stated that she will be out of town for the remainder of the week, to attend a meeting in Ogden, Utah. (16) Commissioner Frost noted that construction is occurring at The Pines project on South 11th Avenue and questioned how that could occur since the issue is in litigation. . City Attorney Luwe stated that he must obtain a copy of the building permit before he can respond to the question. He then stated that a close review of the minutes at the time the planned unit development was approved revealed that the applicant could choose to proceed with the construction of up to twenty units on the site without the density bonus, but that he must comply with the conditions for the density bonus if he chooses to construct the 01-17~95 .-.. .---....- ...---. -- ....--- -----..-------... .- --.----- -.-.... - 14 - additional four units. He further noted that, since resolving any issues pertaining to the additional four units was not mandated before construction of any of the units began, the applicant may proceed with construction while still in litigation. (17) City Manager Wysocki noted that he has asked a local sound business to . provide speakers in the Commission Room in an effort to make it easier for the audience to hear. He stated, however, that one individual in the audience has indicated it is still difficult to hear. The Commissioners recognized the importance of ensuring that the audience can hear, and encouraged staff to continue seeking ways to improve the situation. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Honoring 50th Anniversary of the Battle of the Bulae" Appointment of Racene Friede. CVB Coordinator for the Bozeman Area Chamber of Commerce. to replace Daria Joyner as the City's representative on the Yellowstone Country Board of Directors . Application for Kennel license - AI Gadoury's 6X Outfitters. 305 West Lamme Street - Calendar Year 1995 Staff report - reauest for annexation of 2.526 acres described as Lot 2 and 13. Gordon Mandeville State School Section Subdivision - 2275 North 7th Avenue (immediately north of old KBMN site) Commission Resolution No. 3039 - intent to annex 2.526 acres described as Lots 2 and 13. Gordon Mandeville School Section Subdivision - 1175 North 7th Avenue (immediately north of old KBMN site) COMMISSION RESOLUTION NO. 3039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN. AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Staff report - reauest for annexation of 1.0 acre located in the NE%. SE%. Section 31. T1 S. R6E. MPM - 1233 Story Mill Road (west side of Story Mill Road between Bridaer Drive and Mcllhattan Road) (A-941 0) 01-17-95 ... .--.....-----.-- --.-...--- ..-..-.-.---". ----.--. --.---.---.- - - 15 - Commission Resolution No. 3040 - intent to annex 1.0 acre located in the NE%. SE%. Section 31. T1S. RGE. MPM - 1233 Story Mill Road (west side of Story Mill Road between Bridger Drive and Mcllhattan Road); set Dublic hearina for February 21. 1995 COMMISSION RESOLUTION NO. 3040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manager to sian - Right-of-Way Aareements for Parcel Nos. 2. 7 and 8. and Riaht.of-Way Easement for Parcel No.2 - for West Main Street/West Babcock Street/South 23rd Avenue intersection realianment and signalization croiect Authorize City Manaaer to sign - Professional Services Aareements - Eneray Resource Manaaement. Inc. - for chanaina out of motors at Waste Water Treatment Plant and light fixtures in the City Hall ComDlex ADDoint Commissioner Stueck and Commissioner Frost to sub.committee to review Pledged Securities as of December 31. 1994 Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, that . the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by 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. Executive Session - evaluation of Citv Manaaer At 4:50 p.m., Mayor Vincent announced that this is the time set for evaluation of the City Manager. He then stated that, pursuant to Section 2~3-203(3), Montana Code Annotated, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He stated that this determination is based an agreement which he and the . City Manager have reached. under which the evaluation will be held in closed session; a copy of the blank evaluation form will be released to the press; a composite evaluation score will be released to the press; and the Mayor will prepare a letter of summary which provides an overview of the City Manager's performance, for release to the public. He then stated that City Manager Wysocki has indicated he does not wish to waive his rights to privacy for this 01-17-95 -.--... -..----- --- -....-----.-- ..___._n_._._ _ _____.___ ---.-.-----:c;:::::-- ~ 16 - evaluation. The Mayor stated that, following the closed session, the Commission will reopen the meeting. Mr. AI Knauber, reporter for the Bozeman Daily Chronicle, stated his objections to . closure of the meeting. He stated that evaluation of the City Manager should be an open process, since the City Manager is in a position to impact the lives of everyone in the community. He stated that when one accepts this level of responsibility, he gives up the right to privacy, because he is not the typical employee. At 4:55 p.m., Mayor Vincent called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager, City Attorney and Clerk leave the room. At 6:35 p.m.. Mayor Vincent closed the executive session and reconvened the open meeting. City Manager Wysocki asked that the Commission authorize the Mayor to work with him in preparing recommended adjustments in the Employment Agreement and salary, for . Commission consideration at their next regular meeting. The Commission concurred. Adjournment - 6:37 p.m. There being no further business to come before the Commission at this time, 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. . ATTEST: 01-17-95