HomeMy WebLinkAbout1994-08-29 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 29, 1994
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e The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 29, 1994/ at 3:00 p.m. Present were Mayor Pro Tempore
Stueck, Commissioner Stiff, Commissioner Youngman, Commissioner Frost, City Manager
Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
Mayor Vincent was
absent.
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.
Authorize absence of Mavor Vincent from meeting in compliance with Section 7-3-4322(2),
M.C.A.
Mayor Pro Tempore Stueck announced that Mayor Vincent is not present due to illness.
I It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission authorize the absence of Mayor Vincent from this meeting, in compliance with
Section 7-3-4322(2)/ Montana Code Annotated. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner
Frost and Mayor Pro Tempore Stueck; those voting No, none.
Minutes
Mayor Tempore Stueck deferred action on the minutes of the regular meetings of August
1, August 8, August 15 and August 22, 1994/ to a later date.
e Decision - Commission Resolution No. 2955 - intent to annex 28.759-acre tract located in the
SW%. SE%. Section 24. T2S. R5E. MPM (west side of South Third Avenue)
This was the time and place set for the decision on Commission Resolution No. 2955/
as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2955
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
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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.
Included in the Commissioners' packets were a memo from City Attorney
Luwe, dated
e August 25, regarding the issue of possible conflicts of interest by three of the Commissioners
and a memo from Assistant Planning Director Arkell, dated August 25, responding to several
of the issues raised by representatives of the School District.
City Attorney Paul Luwe briefly reviewed his memo, in which he addressed
the possible
conflicts of interest of each of the three Commissioners.
He then forwarded his
recommendation that the Commissioners vote to invoke the doctrine of necessity and then vote
on this request, since it takes an affirmative vote of three Commissioners to act on an item.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission invoke the doctrine of necessity. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
Commissioner
Youngman and Mayor Pro Tempore Stueck; those voting No, none.
I Assistant Planning Director Debbie Arkell reviewed her memo of August 25, referencing
back to her memo of July 20 (actually, her memo dated "July 11, 1994 for your July 25, 1994
meeting") on some of the conditions which staff had recommended for annexation of the
subject parcel, which were:
1. That
the following rights-of-way be dedicated on the annexation map:
a)
45 feet on the south boundary of the property;
b)
45 feet along the west boundary of the property;
c)
30 feet on the north boundary of the property;
d)
Up to 50 feet for South Third alignment, with exact width
necessary to be determined by the City Engineering
Department and
the applicant's surveyor
prior to
completion of the Annexation Agreement.
2. That
the applicant shall execute the following waivers of right to protest
creation
of SID's, which shall specify that in the event SID's are not
e utilized for the completion of these projects, the property
owner shall
agree to participate in an alternate financing method for completion of
said improvements on a fair share, proportionate basis as determined by
square
footage of the property, linear front footage of the property,
taxable
valuation of the property, or combination thereof, as an
attachment
to the Annexation Agreement:
a)
Street improvements to South 3rd
Avenue including
paving, curb/gutter, sidewalk and storm drainage.
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b)
For reconstructing South 3rd from Kagy south through the
east-west portion of South 3rd (Graf Street extension).
c)
Signalization at South 3rd and Kagy Boulevard.
3. That
a detailed traffic study including the level of service evaluation
assessing
the transportation impacts of the future improvements of the
site
shall be provided by the applicant, and shall mitigate any significant
impacts
identified in the traffic study and complete any required
e improvements
necessary to maintain a Level of Service (LOS) "C" at the
Kagy/Third; Goldenstein/Third; and Graf/Wagon
Wheel/Third intersections,
where the traffic study determines the LOS will
drop below LOS "C" as
a result
of the project.
4. The
applicant shall participate in the cost of reconstruction of the
intersection
of 3rd/Graf/Wagon Wheel with the apportionment of the cost
based
on the traffic study provided by the applicant.
5. That
a minimum 20-foot wide recreation easement be provided for the
Gallagater
Trail along South 3rd Avenue, if additional easement is
identified
as being needed.
6. That
all floodplain and stream location permitting requirement identified
by the
City Engineering Department be satisfied prior to issuance of a
building
permit for the site.
7. That
the Montana Department of Health and Environmental Sciences,
Water
Quality Bureau, be contacted by the applicant to determine if an
erosion/sediment
control permit is necessary, prior to issuance of a
building
permit for the site.
I 8. That
the applicant shall extend the water and sewer mains necessary to
serve the site. The water main must "loop" in
and back to the City water
main infrastructure. Plans and specifications
and a detailed design report
for water and sewer main extensions must be prepared
by a Professional
Engineer
(PE) and shall be provided to and approved by the City Engineer
and
the Montana Department of Health and Environmental Sciences. The
applicant
shall also
provide Professional Engineering
services for
Construction
Inspection, Post-Construction Certification, and preparation
of mylar
Record Drawings. Construction shall not be initiated on the
public
infrastructure improvements until the plans and specifications have
been
approved and a preconstruction conference has been conducted.
Minimum
30-foot wide easements for the water and sewer main
extensions
shall be granted to the City of Bozeman, prior to construction
of said
infrastructure. In no case shall the utility be less than 10 feet
from
the edge of the easement.
9. That
the water and sewer main extensions must be constructed to the
site
prior to construction on the site. Improvements required to the street
and/or
sidewalk must be completed prior to opening the school.
e 10. That
the Annexation Agreement include a direct participation clause for
financial participation in the correction of sewer
system bottlenecks that
is acceptable to both the City and the School
District. The following
language
is proposed:
Both
parties hereby recognize that current capacity problems (bottlenecks)
exist
in that part of the City's sanitary sewer collection system proposed
to serve
this tract of land and other tracts within the City limits, upon full
development
of all served tracts. The City understands and agrees that
normally
it is the obligation of the City to take action to eliminate said
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Both
parties also hereby recognize and agree that this tract of land is
within
the "Far West Trunk" sewer service area. Said Far West Trunk
currently
terminates at US 191 in Valley Unit Subdivision approximately
four
miles from this tract of land. The use of the more proximate sewer
trunk
within the Figgins Subdivision by this tract of land is being proposed
for
the convenience of the landowner and will exacerbate current capacity
problems.
e In order
to mitigate the financial impacts of the City of eliminating said
bottlenecks at a point in time determined solely
by the City, the
landowner hereby agrees to participate in the
cost of those improvements
needed
to eliminate the bottlenecks. The level of participation shall be
calculated
as a percentage of the costs of such improvements to include
design,
construction, inspection,
and engineering certification
at
completion.
Said
percentage will be calculated as the ratio of the peak flow from said
tract
of land as it relates to the total peak flows within the sewer at each
bottleneck
at the time of construction of the improvements to eliminate
said
bottleneck.
All
sewer improvements necessary to provide sewer service to this tract
for
its development and use as a school will be done at the sole expense
of the
landowner only after the design of said improvements have been
reviewed
and approved by the City of Bozeman Engineering Office and
the
Montana Department of Health and Environmental Sciences.
11. That
water rights or cash-in-lieu thereof, sufficient to meet the peak
demands
for water after development of the site be provided to the City
I prior
to final acceptance of the annexation agreement. The preliminary
calculations estimate the need at 68 acre-feet
per year, with an estimated
cash-in-lieu amount of $24,601.51.
12. That the Annexation Agreement include a section
that the applicant will
submit
a plan to be approved by staff that addresses (a) a comprehensive
pedestrian
facilities needs evaluation for pedestrian access to the school
site,
and (b) a plan and recommendation for securing the needed
improvements.
13. That
a storm water plan be submitted to the City Engineering Department
for
review and approval that includes sufficient site grading and elevation
information
(particularly for
the basin site), typical
stormwater
detention/retention
basin and discharge structure details, basin sizing
calculations,
and a stormwater maintenance plan. The stormwater
maintenance
plan shall include plans for development of a system
designed
to remove solids, silt, oils, grease, and other pollutants from the
runoff
from the parking areas. This plan must be approved prior to
issuance
of a building permit for the site.
14. That
in the Annexation Agreement, the applicant shall stipulate that in lieu
of following
all applicable zoning regulations, a Site Development Report
e addressing
how all conditions placed on the annexation will be met.
15. That a written agreement from the applicant to
the City stating that all
educational
and commercial structures built on the property will be fully
equipped
with an approved fire sprinkler system be submitted prior to
completion
of the Annexation Agreement.
16. That
an annexation map be provided by the applicant on mylar, no smaller
in size
than 18" X 24", that clearly delineates the metes and bounds
description
of the parcel, the legal description of the property, existing
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16. That
an annexation map be provided by the applicant on mylar, no smaller
in size
than 18" X 24", that clearly delineates the metes and bounds
description
of the parcel, the legal description of the property, existing
public
utilities and adjacent developments. Said map shall also indicate
the
minimum improvements,
rights-of-way and easements judged
necessary
through the analysis conducted by affected City departments
to provide
services to the parcel.
e Assistant Planning Director Arkell addressed several of the issues which had been raised
by representatives of the School District, providing clarification regarding some of their
responses. She noted that under the original staff report,
one of the conditions was that a
paved secondary access be provided for day-to-day accessibility; however, that condition was
eliminated when the July 20 memo was submitted.
The Assistant Planning Director stated that Condition No.8 is the biggest
issue, based
on the testimony forwarded by representatives of the School District. She stated that the zone
code requires that water and sewer main extensions be installed prior to issuance of a building
permit. The School District is requesting that they be allowed to install the water and sewer
lines in conjunction with construction of the school rather than prior to obtaining a building
permit. She then forwarded a proposed revision to this condition which
would allow for
I issuance of a building permit and construction to begin prior to extension of the water and
sewer mains, with the understanding that no fire protection will be available and with the
stipulation that the water and sewer mains be extended when the shell is substantially
complete. She noted that this would be an acceptable alternative to staff, since the shell of
the structure is of non-flammable materials, such as masonry and steel.
The Assistant Planning Director turned her attention to Condition No.
12, in which she
proposed an amendment to require that the missing links in the pedestrian trail system be
provided to ensure the safety of children walking to and from the school. She noted that those
links are to be provided prior to the opening of the new school. She then noted that Condition
No. 14 was amended in the July 20 memo to require that the applicant provide a site
development report in lieu of requiring that they meet all applicable zoning regulations. She
e stated under this condition, the applicant will still be required to address all life safety and
public safety issues, such as adequate, safe access; ample parking; loading and unloading
areas; and storm water detention.
Assistant Planning Director Arkell concluded her presentation by suggesting
that the
Commission may wish to amend Condition Nos. 8 and 12; however, she suggested that all of
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the remaining conditions from her July 20 memo remain as originally forwarded.
City Manager Wysocki stated it will be difficult to quantify the condition
pertaining to
future bottlenecks in the sewer system. He noted that, based on conversations with Director
of Public Service Forbes, it would be acceptable to delete the requirement that the applicant
e bear the costs of correcting those bottlenecks, which would eliminate the blind financial
commitment that the applicant would be making. He then proposed that Condition No.4 be
amended to stipulate that the School District would contribute $1 2,500 to improving the
intersection of South Third Avenue/Graf Street/Westridge Drive rather than the South Third
Avenue/Wagon Wheel/Graf Street intersection, which has already been improved.
He then
noted that the Third/Graf/Westridge intersection improvements will not occur until at least next
fiscal year. The Commissioners concurred in that recommended revision.
Responding to Commissioner Frost, Assistant Planning Director Arkell
reviewed the
provisions of Condition No.2. She stated that, while the applicant
is being asked to sign a
waiver of right to protest the creation of special improvement districts for improvements to
South Third Avenue between Kagy Boulevard and Goldenstein Lane, they are being asked to
I participate in reconstruction of only that portion of South Third Avenue between Kagy
Boulevard and Graf Street, if the boundaries of the district include the school property.
Responding to questions from Commissioner Youngman, City Manager Wysocki
reviewed the anticipated reductions to the costs projected by the School District. Following
that review, Commissioner Youngman noted that the projected costs of $267,000 forwarded
by the School District might more realistically be $113,000.
The City Manager then noted that if one of the property owners in that
immediate area
proceeds with development of his property on the timeline anticipated, the costs of looping the
water main could be reduced through a cooperative effort.
Commissioner Frost requested that a payback provision be attached to
Condition No.
8. The City Manager responded by indicating that if the payback is limited,
that would be
e acceptable.
Commissioner Stueck noted that the City Manager's suggestion would limit
the payback
provisions to only two property owners; the City Manager concurred.
At the City Manager's request, the Commission addressed Condition No.9.
He
proposed that the Commission allow the building permit to be issued for the shell only, with
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water and sewer to be installed before any interior work is begun, and
requiring that the water
main be looped prior to occupancy. The Commissioners concurred.
Commissioner Stueck asked that a payback provision be added to Condition
No.8, with
that payback limited to the property which the extension passes between
Figgins Addition and
e the north property line of the School District property.
At Commissioner Frost's request, Assistant Planning Director Arkell reviewed
the
changes which have been made in the conditions, based on this discussion.
She stated that
Condition No. 4 is amended to require that the applicant participate
in the costs of
reconstruction of the intersection of South Third Avenue/Graf Street/Westridge
Drive in an
amount not to exceed $12,500. Condition No.8 is amended to allow the
applicant a limited
payback on the extension of the water and sewer mains, limited to a payback
from property
owners between Figgins Addition and the school site. She noted that the
applicant will still be
required to provide the looped water main. Condition No.9 is to be revised
to provide "That
a building permit may be issued and construction may begin prior to the
extension of water and
sewer main extensions to the site, with the understanding that there
is no fire protection (i.e.,
I water source/hydrant) for the site. The water and sewer main extensions must be extended
when the shell of the building is substantially complete and the water
main looped to Wagon
Wheel Road prior to occupancy of the school."
She indicated that the remainder of the
condition is to remain as forwarded.
Condition No. 10 is to be revised to eliminate the
requirement for financial participation in the correction of sewer system
bottlenecks. Condition
No. 12 is to be amended to add a sentence that "A pedestrian trail shall
be installed from
Westridge Avenue to the existing trail on the west side of South Third,
and from the end of the
existing trail on the west side of South Third to the school site, prior
to opening the school for
student use."
Dr. Paula Butterfield, Superintendent of Schools, reviewed the expenses
which the
School District is incurring with this annexation and construction of
the new school. She
e indicated that the School District is dedicating four acres, at a value
of $50,000. It is also
installing a sprinkler system in the school at a cost of $140,000, to
ensure the safety of the
children. She noted that the easements for extension of the water and
sewer lines does not
currently exist, and expressed concern about possible costs to the School
District for acquiring
those easements. She then asked if the City would be willing to acquire
those easements. She
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estimated the costs of looping the water main at $260,000 and the cash-in-lieu of water rights
payment at $24,000. She expressed concern that this is a substantial cost to
the School
District and suggested that the City not requirement the cash-in-lieu of water rights payment.
Responding to questions from Commissioner Stueck, City Manager Wysocki suggested
e that the Commission allow City staff to work with the School District in acquiring the easement
for extension of the water and sewer mains.
In response to Dr. Butterfield's request that the School District not be required to pay
the cash-in-lieu of water rights, the City Manager reminded the Commission that the City has
a formula for calculating this payment; and that formula is based on the amount of water
needed to service that parcel. He noted the alternative is to provide
water rights which are
usable to the City, which means those water rights would need to be from Bozeman Creek or
Hyalite Reservoir. He then reminded the Commission that this requirement has been in place
for several years and has served the City well.
Commissioner Frost stated he feels this is a good policy. He then noted that the City
has to acquire the water to serve its expansion and new customers; and he supports the
I condition as forwarded by staff.
Commissioner Youngman pointed out that this is a standard condition; and she feels it
would be inappropriate to waive it. Commissioners Stiff and Stueck stated their concurrence.
Dr. Butterfield forwarded the concerns of some of the School Board members over
waiving their right to protest the creation of special improvement districts.
She stated that,
while they are not opposed to participating in special improvement districts for improvements
to the transportation system in that area, the Board members wish to retain their right to
protest what they may feel is an unfair assessment.
City Attorney Luwe assured Dr. Butterfield that the waiver of right to protest affects
only the ability to protest the creation and boundaries of a special improvement district, noting
that the City must ensure that the property is benefitted and that the assessment is
e proportionate to that benefit. He then stated that the School District
can still express its
objection to the creation and boundaries of a proposed district; however, that protest will not
count toward the statutory provisions for precluding the City from proceeding with creation.
The City Attorney then stated that if the Commission wishes to proceed with this
annexation, the next step should be to direct staff to bring back a resolution of annexation after
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Condition Nos. 1 through 16, as amended, have been met and the Annexation
Agreement
executed.
Commissioner Youngman stated her appreciation for the cooperation between
the City
and the School District which has allowed this request for annexation
to proceed. She stated
e that efforts have been made to ensure the life safety of the children; and she feels that the
conditions which have been developed serve the best interests of the
School District and the
City.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission authorize and direct staff to bring back a resolution of annexation
upon execution
of the Annexation Agreement, subject to the following amended conditions:
1. That
the following rights-of-way be dedicated on the annexation map:
a)
45 feet on the south boundary of the property;
b)
45 feet along the west boundary of the property;
c)
30 feet on the north boundary of the property;
d)
Up to 50 feet for South Third Avenue alignment, with
exact width necessary to be determined by the City
Engineering Department and the applicant's surveyor prior
to completion of the Annexation Agreement.
I 2. That
the applicant shall execute the following waivers of right to protest
creation of SID's, which shall specify that in
the event SID's are not
utilized for the completion of these projects,
the property owner shall
agree to participate in an alternate financing
method for completion of
said
improvements on a fair share, proportionate basis as determined by
square
footage of the property, linear front footage of the property,
taxable
valuation of the property, or combination thereof,
as an
attachment
to the Annexation Agreement:
a)
Street improvements to South Third Avenue including
paving, curb/gutter, sidewalk and storm drainage.
b)
For reconstructing South Third from Kagy south through
the east-west portion of South Third Avenue (Graf Street
extension).
c)
Signalization at South Third and Kagy Boulevard.
3. That
a detailed traffic study including the level of service evaluation
assessing
the transportation impacts of the future improvements of the
site
shall be provided by the applicant, and shall mitigate any significant
impacts
identified in the traffic study and complete any required
improvements
necessary to maintain a Level of Service (LOS) "C" at the
e Kagy
Boulevard/South Third Avenue; Goldenstein Lane/South Third
Avenue; and
Graf Street/Wagon Wheel Road/South Third
Avenue
intersections, where the traffic study determines
the LOS will drop below
LOS
"C" as a result of the project.
4. The
applicant shall participate in the cost of reconstruction of the
intersection
of South Third Avenue/Graf Street/Westridge Drive, based on
apportionment
of the cost of reconstruction, in an amount not to exceed
$12,500.
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5. That
a minimum 20-foot wide recreation easement be provided for the
Gallagater
Trail along South Third Avenue, if additional easement is
identified
as being needed.
6. That
all floodplain and stream location permitting requirement identified
by the
City Engineering Department be satisfied prior to issuance of a
building
permit for the site.
e 7. That
the Montana Department of Health and Environmental Sciences,
Water Quality Bureau, be contacted by the applicant
to determine if an
erosion/sediment control permit is necessary,
prior to issuance of a
building
permit for the site.
8. That
the applicant shall extend the water and sewer mains necessary to
serve
the site. The water main must "loop" in and back to the City water
main
infrastructure prior to occupancy of the school. Plans and
specifications
and a detailed design report for water and sewer main
extensions
must be prepared by a Professional Engineer (PE) and shall be
provided
to and approved by the City Engineer and the Montana
Department
of Health and Environmental Sciences. The applicant shall
also
provide Professional Engineering services for Construction Inspection,
Post
-Construction Certification, and
preparation of mylar
Record
Drawings.
Construction shall not be initiated on the public infrastructure
improvements
until the plans and specifications have been approved and
a preconstruction
conference has been conducted.
Minimum
3D-foot wide easements for the water and sewer main
extensions
shall be granted to the City of Bozeman, prior to construction
of said
infrastructure. In no case shall the utility be less than 10 feet
I from
the edge of the easement.
The applicant shall be entitled to a limited payback
from property owners
between the south boundary of Figgins Addition
and the school site at the
time of development of those properties and connection
to the water
and/or
sewer mains. The payback shall be limited to a prorated share of
the
project costs associated with the original installation of the mains,
with
said costs to be calculated, collected and distributed by the City.
9. That
a building permit for the school may be issued and construction may
begin
prior to extension of the water and sewer mains to the site, with
the
understanding that
there is no fire
protection (Le., water
source/hydrant)
for the site, and that there will be no water available to
the
site for construction until the water main is extended. The water and
sewer
mains must be extended when the shell of the main structure is
substantially
complete; and the water main must loop back to the City
water
main infrastructure prior to occupancy of the school.
Improvements
required to the street and/or sidewalk must be completed
prior
to opening the school.
10. That
water rights or cash-in-lieu thereof, sufficient to meet the peak
e demands
for water after development of the site be provided to the City
prior to final acceptance of the annexation agreement.
The preliminary
calculations estimate the need at 68 acre-feet
per year, with an estimated
cash.in-lieu
amount of $24,601.51.
11. That
the Annexation Agreement include a section that the applicant will
submit
a plan to be approved by staff that addresses (a) a comprehensive
pedestrian
facilities needs evaluation for pedestrian access to the school
site,
and (b) a plan and recommendation for securing the needed
improvements.
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The
developer shall install a pedestrian trail from Westridge Drive to the
existing
trail on the west side of South Third Avenue, and from the end
of the
existing trail on the west side of South Third Avenue to the school
site,
prior to opening the school for student use.
12. That
a storm water plan be submitted to the City Engineering Department
for
review and approval that includes sufficient site grading and elevation
information
(particularly for
the basin site), typical
stormwater
e detention/retention
basin and discharge structure details, basin sizing
calculations, and a stormwater maintenance plan.
The stormwater
maintenance plan shall include plans for development
of a system
designed
to remove solids, silt, oils, grease, and other pollutants from the
run-off
from the parking areas. This plan must be approved prior to
issuance
of a building permit for the site.
13. That
in the Annexation Agreement, the applicant shall stipulate that in lieu
of following
all applicable zoning regulations, a Site Development Report
addressing
how all conditions placed on the annexation will be met.
14. That
a written agreement from the applicant to the City stating that all
educational
and commercial structures built on the property will be fully
equipped
with an approved fire sprinkler system be submitted prior to
completion
of the Annexation Agreement.
15. That
an annexation map be provided by the applicant on mylar, no smaller
in size
than 18 inches by 24 inches, that clearly delineates the metes and
bounds
description of the parcel, the legal description of the property,
existing
public utilities and adjacent developments. Said map shall also
indicate
the minimum improvements, rights-of-way and easements judged
necessary
through the analysis conducted by affected City departments
I to provide services to the parcel.
The motion carried by the following Aye and No vote: those voting Aye
being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore
Stueck; those
voting No, none.
Ordinance No. 1387 - settina salaries for Commissioners. effective Julv
1. 1994
Included in the Commissioners' packets was a copy of Ordinance No. 1387,
as approved
by the City Attorney, entitled:
ORDINANCE
NO. 1387
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING ORDINANCE NO. 1295. FIXING THE SALARIES OF THE
CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA,
e IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL
CODE.
City Manager Wysocki reminded the Commissioners that they had provisionally
adopted
this ordinance at their meeting of August 15 and recommended that it
be finally adopted at this
time.
08-29-94
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It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission finally adopt Ordinance No. 1387, setting the salaries of the Commissioners and
Mayor, effective July 1, 1994. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor
e Pro Tempore Stueck; those voting No, none.
Discussion - desi9nation of voting and alternate voting delegate to the NLC Annual Congress
of Cities. to be held in MinneaDolis. Minnesota. on December 1-4. 1994
Included in the Commissioners' packet is a copy of a letter from Donald J. Borut,
Executive Director of the National league of Cities.
City Manager Wysocki stated that, as a general rule, the Mayor or the Mayor Pro
Tempore is designated as the City's voting delegate to the NlC Congress of Cities.
Mayor Pro Tempore Stueck noted his difficulty in scheduling a meeting this far in
advance, due to his workload.
Commissioner Youngman stated a willingness to attend the NLC Congress of Cities.
The City Manager suggested that Mayor Vincent could be listed as the alternate voting
I delegate.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission appoint Commissioner Youngman as voting delegate and Mayor Vincent as
alternate voting delegate to the National League of Cities Congress of Cities, which is to be
held in Minneapolis, Minnesota, on December 1 through 4, 1994. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none.
ApDointment to Recreation and Parks Advisory Board
Included in the Commissioners' packets was a memo from Clerk of Commission Sullivan,
e dated August 25, listing the applicants for this board.
Commissioner Frost nominated Mary Vant Hull, citing her strong support of parks and
recreational activities over the years.
Commissioner Stiff nominated Don Weaver, citing his "decades of demonstrated sweat
equity" and his contributions of parkland over the years.
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The Commissioners then voiced their preferences on the two nominations, which
resulted in a two/two split. Because of that split, they decided it would be best to table the
appointment of one of these two applicants until next week's meeting.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
e Commission table the appointment for a period of one week, until a full Commission is present.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Stiff, Commissioner Youngman and Mayor Pro Tempore Stueck; those
voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following
"For Your
Information" items.
(1 ) Memo from City Engineer Craig Brawner, dated August 24, providing a status
report on the 1993 sidewalk program.
The City Manager noted that 18 of the residents who had committed to private
I installation of their sidewalks had failed to complete the work by the August 1 deadline. He
then stated that City staff has extended the deadline to September 23 for those sidewalks
which are to be privately installed; however, after that date, the City's contractor will be
directed to install those sidewalks.
Mayor Pro Tempore Stueck stated that, given the workload of the concrete contractors,
there is a strong possibility those sidewalks will not be installed by September 23.
(2) Letter from Linda Ward, 4747 Heavenly Lane, dated August 21, regarding
the
new middle school site.
(3) Letter from Elinor Bowles, 809 South 3rd Avenue, dated August 23, stating
opposition to the proposed Fourth Avenue Linear Park.
(4) Letter from Don Bachman, 109 North Broadway Avenue, dated August 24,
e withdrawing his appeal of the Cupola project in response to the applicant's withdrawal of the
minor site plan application.
(5 ) Letter from Caren Couch, Human Resource Development Council, dated August
25, announcing that Mr. Don Belflower, member ofthe CDBG Revolving Loan Fund Committee,
has left town.
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(6) Letter
from Jennie Borland, 711 South 10th Avenue, stating opposition to the
parking district.
(7) Letter
from Arnold Craig, 1215 South Grand Avenue, regarding a lost parking
permit.
e The City Manager asked if the Commissioners want this item placed on the agenda for
discussion, or if they want staff to handle the matter under the provisions of the ordinances
and resolutions which have been adopted.
Commissioner Youngman requested that it be placed on the agenda for discussion.
Commissioners Stiff and Frost and Mayor Pro Tempore Stueck stated their preference for
allowing staff to handle the matter.
Commissioner Youngman suggested that, through discussion, the Commission
could
possibly identify legitimate situations where lost parking permits should be replaced at no cost.
Commissioner Frost stated that, if that is something the Commission wishes
to pursue,
it should first direct the staff to propose what they deem would be a workable process.
(8) Letter
from Roy Kruger, Portland, Oregon, dated August 23, stating opposition
I to the parking district.
(9) Letter from Cathy Baumbauer, 312 Y:z North 11th Avenue, dated August
25,
thanking the Commission for installation of the bike lanes on South 11 th Avenue and College
Street.
(10) Copy
of a memo from Neighborhood Coordinator/Grantsperson James Goehrung,
dated August 12, regarding proposed signage changes at the Willson School.
(11 )
Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, August 30, at the Carnegie Building.
( 12)
Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
August 30, at the Courthouse.
( 13)
The City Manager submitted his weekly report, as follows. (1) Noted the civil
e defense sirens rang at 5:05 a.m. today, but he has no answers on why, particularly since
telephone service to those sirens was to have been cancelled about a month ago.
(2)
Reminded the Commission that enforcement within the residential parking district is to begin
on September 1. (3) Met with three different people this past week regarding possibilities for
affordable housing. (4) Met with Judge Wyckman at the Law and Justice Center last week
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regarding video arraignments. He noted that this would allow
judges to arraign prisoners
without them being moved from the Detention Center. (5) Stated that City crews are beginning
to clean up the gravel from the chip and seal projects around town.
(14) Commissioner Frost submitted the following.
(1) Drove around the parking
e district today, observing the changes that have occurred as a result of the parking restrictions.
(2) Attended the Historic Preservation Advisory Commission meeting, at which the Carnegie
Building was discussed. He stated that the HPAC is very concerned
about the Carnegie
Building and its future, and are interested in finding a way to raise funds to rehabilitate it. He
stated they prefer to keep the building as a public building; however, they would support selling
it to a private individual for re-use of that is determined the most appropriate way to proceed.
He briefly highlighted its historic value to the community, noting it was one of eighteen in the
State which were constructed through Carnegie grants.
( 15) Commissioner Youngman noted that this evening's session had been
tentatively
set aside for a work session with the Planning Board and the Design Review Board.
She
suggested that since that is no longer scheduled, the Commission select topics to be discussed.
I Commissioner Frost asked that such a discussion be delayed for one week, to allow the
other Commissioners a week in which to prepare for that type of discussion. Commissioners
Stiff and Stueck stated their concurrence.
(16) City Manager Wysocki reminded the Commission that discussion of the housing
task force recommendations has been scheduled for September 12.
He asked that the
Commissioners forward any additional thoughts or information they may have to the staff in
writing prior to that discussion.
( 17) Commissioner Stiff submitted the following. (1) Has spent a considerable
amount
of time reviewing the housing task force recommendations this past week. (2) Attended the
Parade of Homes this past weekend. (3) Met with residents of the northeast sector this past
week, at which time he listened to their concerns and received a packet of information.
(4)
e Attended the opening program for the School District today.
(18) City Attorney Luwe forwarded information from Assistant City Manager
Brey
regarding the parking district, noting that enforcement within the district will begin on
September 1. He noted that some students have found a way to purchase a visitor's
tag
through another student living in the district so that can park in that area.
He reminded the
08-29-94
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Commission that is a violation of the ordinance; and efforts will be
made to ensure those
violations are addressed.
He then stated that in an informal survey, he and Administrative
Services Director Gamradt have been monitoring Garfield Street.
The number of vehicles
displaying stickers had increased over the past couple weeks from 10f
27 to 4 of 27 to 4 of
e 25 to 15 of 27 vehicles parked along the street today.
(19) Clerk of the Commission Sullivan reviewed the agenda for next week's
meeting,
which is to be held on Tuesday because of the Monday holiday.
(20) Mayor
Pro Tempore Stueck submitted the following. (1) Stated he was at the
same events as Commissioner Stiff.
(2) Stated he has received a complaint about the
neighborhood parking district from a resident on South Grand Avenue who
is one block outside
the district. (3) Provided an update on development of the park on West
Babcock Street. He
stated that the well driller should be on the site on Wednesday or Thursday;
Montana Power
Company is schedule to run power at no cost; and grass seed has been
purchased, with
planting of the grass seed to be provided by Clair Daines at no cost.
The parking lot is
beginning to take shape; the ditch has been relocated and the culverts
installed; and the area
. for the soccer field has been leveled.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Commission Resolution No. 3007 - oroviding that the City will budaet
an
increased
amount of ad valorem tax revenue for Fiscal year 1994-1995
COMMISSION RESOLUTION
NO. 3007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE CITY WilL BUDGET AN INCREASED
AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1994-1995.
Reauest
for cermission to
conduct Bozeman Senior Hiah
School
Homecomina
Parade - Saturday. October 1.10:00 a.m. - Main Street
from
Rouse Ayenue to 15th Ayenue
e Authorize absence of Commissioner Stueck from meeting of Seotember 19.
in comoliance with Section 7-3-4322(2L M.C.A.
Authorize absence of City Manager Wysocki from meetings of Sectember
19 and
26 (attendance at International City Management Association
annual
conference and annual leave); confirm aDDointment of Assistant
City
Manaaer Ron Brey as Acting City Manaaer
Claims
08-29-94
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-
It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Frost,
Commissioner
e Youngman and Mayor Pro Tempore Stueck; those voting No. none.
Adjournment - 4:30 D.m.
There being no further business to come before the Commission at this
time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those
voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Tempore Stueck;
those voting No, none.
O~
[~
DON
E. STUECK
Mayor
Pro Tempore
I ATTEST:
(j~;j~4~
ROBIN L. SULLIVAN
Clerk of the Commission
e
08-29-94