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HomeMy WebLinkAbout1993-11-29 ccm .'..J ,. MINUTES OF THE MEETING OF THE CITY COMMISSION BOlEMAN, MONTANA November 29, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 29, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, 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 - November 22. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of November 22, 1993, be approved as submitted. The motion carried by .the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - review of City's sidewalk installation Dolicy. as set forth in Commission Resolution No. ~ This was the time and place set for the decision on revision of the City's sidewalk installation policy as set forth in Commission Resolution No. 2816, entitled: COMMISSION RESOLUTION NO. 2816 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE POLICY GOVERNING THE DESIGN, IMPLEMENTATION, CONSTRUCTION AND REPAIR OFTHE SIDEWALKS WITHIN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki noted that, included in the Commissioners' packets, was a memo .rom City Engineer Brawner to Director of Public Service Forbes, dated November 24, along with a draft of a revised sidewalk policy for Commission consideration and a memo from Director of Public Service Forbes, dated November 24. He stated that, just before the meeting, a highlighted copy of the City Engineer's memo dated November 11 was laid on the Commissioners' desks. 11-29-93 -.-....-.. - ~ -- . . - 2 - Mayor Swanson reminded the Commission that the public hearing on this policy was conducted at the November 15 meeting. He then asked the Commissioners to respond to the following questions, in turn: (1 ) Do you concur that sidewalks are needed on every street in the city? If so, how should that be accomplished? . (2) Do you agree with the wording forwarded by staff in the draft revisions? and (3) Comments regarding the schedule for installation of sidewalks, particularly in the Figgins Addition, Westridge Subdivision and New Hyalite View Subdivision. Responding to Commission Frost, City Engineer Brawner stated that the language contained in the highlighted portion of his memo of November 11 should replace the language contained in Section 3.8 of the draft policy. Mayor Swanson began the Commission responses by forwarding the following comments: (1 ) Stated concurrence with the principle that sidewalks are needed throughout the community. (2) With that principle in mind, he feels the categories of "immediate need", "short- term need" and "no apparent need" in the sidewalk schedule are inconsistent with the policy, are very confusing and should be revised. He suggested the three categories of "immediate", "medium" and "long-term need" as an option. . (3) The residents of Figgins Addition who have installed sidewalks to date have done so with the expectation that all other residents in the subdivision would do likewise. In light of that, he would support requiring that sidewalks be installed along all streets in the subdivision. This would include acquisition of the additional right-of-way necessary to install sidewalks along the three cul-de-sac streets previously excluded because of lack of right-of-way, so that a consistent pattern of sidewalks is provided. Since there are no sidewalks in either Westridge Subdivision or the New Hyalite View Subdivision, he would support moving them into a long-term category. He suggested that this should include a range of twelve to fifteen years, during which time residents would not need to worry about being subjected to the possible requirement for sidewalks. He noted that since the average length of owning a home is seven years, this would provide for two turn-overs of the property. Commissioner Knapp noted the importance of ensuring that the sidewalk policy is consistent with current City codes, ordinances and regulations. She then submitted her comments, as follows: . (1 ) Agrees that sidewalks should be installed along every street in the city. (2) Concurred that a change in categories is needed. She suggested that four categories be established, including "immediate", "medium", "five to ten years" and "long-term need". She also suggested that the issues of "fairness and consistency" be added to the selection criteria. (3) The issue of fairness seems to address the need to install sidewalks in New Hyalite View Subdivision and Westridge Subdivision. 11-29-93 - 3 - Commissioner Vincent noted the statement in the Director of Public Service's memo which indicates that staff has been unable to find objective criteria, such as the number of pedestrian trips per day, minimum pavement width, etc., to quantify whether a sidewalk is needed. He stated that, because no hard data can be developed to assist in the decision-making process, the issue of need .becomes much more subjective. He then forwarded his comments, as follows: (1 ) Stated he does not believe that sidewalks are needed on every street in the city. He feels that flexibility needs to be built into addressing the issue of need for sidewalks along streets in the community. He noted that the issue of safety is paramount when determining whether a sidewalk is needed along a street. In instances where safety is not a critical issue, he feels that flexibility should be allowed, although he recognizes the difficulty of administering a policy that contains such a provision. (3) The streets in Westridge Subdivision, New Hyalite View Subdivision and Figgins Addition were engineered without sidewalks. He noted many instances, in other communities, where streets were engineered twenty to thirty years ago without sidewalks and have been safely used through the years. He then stated that, to address the issue of fairness, he would support requiring the property owners in subdivisions not installing sidewalks to provide an equal amount of funding that would be diverted into another project that will benefit the neighborhood and address the issue of safety on a major street. Commissioner Stiff asked if there is a vehicle available for assessing neighborhoods for improvements to another area. . City Attorney Luwe responded that there is no mechanism in place to ensure compliance with a voluntary program to pay the costs of installing a sidewalk to the City for use on another street. He stated that the City can create an extended special improvement district and assess those properties not abutting the sidewalk if it can be shown that those properties are benefitted by those improvements. Commissioner Stiff then forwarded the following comments: ( 1 ) Stated he is comfortable with having sidewalks throughout the city. (2) Concurred with Commissioner Knapp that the issues of fairness and consistency are important. He then stated it is imperative that the City remain in a position to require the installation of sidewalks as development occurs. (3) He indicated he is uncomfortable with going into areas which were engineered and developed without sidewalks and devastating mature landscaping to install . sidewalks. He noted, however, that he is not sure the suggestion of participating in the funding of another improvement in lieu of installing sidewalks is a workable alternative. He noted that safety is a very important consideration, and raised a question about whether the City would be liable if it does not require the installation of sidewalks in New Hyalite View Subdivision or Westridge Subdivision and someone is subsequently killed on one of the streets in those areas. 11-29-93 - 4 - Commissioner Frost forwarded the following comments. (1 ) Stated that he believes sidewalks are needed throughout the city, noting it is a safety issue. (2) Indicated concurrence with the idea that the categories need to be revised. He is not sure that four categories are necessary, but suggested that "immediate", "short term" and "long term" would be adequate. He noted that the long-term . would include any sidewalks beyond the five-year schedule under which the City is operating. He then concurred with Commissioner Knapp's statement that the issues of "fairness and consistency" be added to the selection criteria. (3) Stated that the Commission needs to look at obtaining the right-of-way along those streets in Figgins Addition that do not have sufficient right-of-way. He suggested that even a sidewalk along the curb on those three streets would be better than no sidewalk at all. He then stated that at the present time, there is no apparent need for sidewalks in Westridge Subdivision and New Hyalite View Subdivision. He noted, however, that neighborhoods change; and there may come a time when sidewalks are needed to ensure safety. He stated that, because of those concerns, he does not want to give those subdivisions a "bye"; and he does not want to double assess them, either, for a larger project and then a sidewalk in front of their homes. He stated those subdivisions should be kept on the list, under the "long term" category, with safety being the highest priority on which sidewalks are required. Responding to Commissioner Frost, City Attorney Luwe stated that the Commission has the right to order in sidewalks without going through the special improvement district process. He .hen stated that, even if the Commission does create a special improvement district for installation of a sidewalk along a major street, it can subsequently create another special improvement district or order in sidewalks under a sidewalk district, even before the first district is fully paid. Mayor Swanson summarized the Commissioner comments by noting that a majority of the Commissioners is interested in the principle that sidewalks should be installed throughout the city. He also noted a majority is interested in revising the categories, into either three or four categories and changing the header "no apparent need" to "long term". He stated most of the Commissioners are interested in a mechanism through which areas such as Westridge Subdivision could participate in the installation of improvements along an arterial street that would be of benefit to them, if that is determined possible. He also noted the issues of "fairness and consistency" should become a .art of the selection criteria, based on the favorable comments from a majority of the Commissioners. Commissioner Frost noted that discussions with business owners along North 7th Avenue have revolved around that fact that a ditch is located in the right-of-way where a sidewalk would typicany be 'ocated. He suggested that f'exibmty in the pottey, possib'y anowing for eurvmnear 11-29-93 --.---- ------------ --.-- -- ---.--.- - 5 - sidewalks, be retained and stated that, as drafted, Sections 2.2.2 and 2.5.2 no longer provide that flexibility. City Engineer Brawner asked for Commission direction on the issues of flexibility and need, expressing his concern that changes not compromise staff's ability to require the installation of _idewalks in new developments. Mayor Swanson suggested that expanding the number of categories to four could provide the desired flexibility without jeopardizing the basic principles of the current policy. Commissioner Vincent stated that increasing the number of categories does increase the flexibility for installation of sidewalks in existing areas, but it doesn't provide the extent of flexibility that he would like to see. He stated, however, that all new construction and new projects should be engineered with sidewalks. Commissioner Knapp stated that, based on Commissioner Frost's comments, she feels it may be important to include specific language about sidewalks in entryway corridors, such as North 7th Avenue and West Main Street, where traffic speeds are higher. She noted both areas were developed rapidly and have specialized problems that require some flexibility. . Responding to Commissioner Frost. City Attorney Luwe stated that if the Commission decides on a sidewalk policy that conflicts with or deviates from the City code, he will prepare an ordinance which amends those portions of the code so they are consistent with the policy. Responding to Mayor Swanson, City Engineer Brawner stated he will have a revised policy, including selection criteria, for Commission consideration at their December 13 meeting. He then noted that a new sidewalk schedule should be ready for consideration some time in January. The Commission thanked the City Engineer for the revised policy. Ordinance No. 1376 - amending Section 10.32.350 of the Bozeman MuniciDal Code as created under Ordinance No. 1345 - enabling legislation for creation of a neighborhood Darkina district City Manger Wysocki presented Ordinance No. 1376, as approved by the City Attorney entitled: ORDINANCE NO. 1376 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY REVISING SECTION 10.32.350, PERTAINING TO THE CITY COMMISSION FINDINGS NECESSARY FOR THE ESTABLISHMENT OF A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM AND CLARIFYING THE NOTICE REQUIREMENTS FOR RESIDENTIAL PERMIT PARKING AREAS. 11-29-93 ---- --- --- - . -. -.-. -------"'._- .-.. ---.--..-...-..- - 6 - Assistant City Manager Brey reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of November 15, and recommended that it be finally adopted at this time. He noted this is strictly enabling legislation, with each specific district to be created through its own process. . Commissioner Frost noted the ordinance requires that one must be a resident within the ! district to obtain a permit. He suggested that it may be appropriate to allow others, such as MSU employees, to purchase parking permits to park within the district, possibly at the same fee rate as on-campus parking permits. Assistant City Manager Brey responded that under this ordinance, as written, employees of employers within the district may purchase permits; however, that does not include MSU employees. He noted his research has suggested that, after a number of years of operating a residential parking district, it may be possible to monitor the parking load on the streets within the district and determine whether there is space available for more on-street parking. He suggested that if it is determined there is available parking, it may be appropriate to issue permits for non- residents. He suggested that those permits would be for specific blocks and would be in an .amount equal to one-half of the average number of spaces available. He once again emphasized the fact that this type of program can be implemented only after,several years of a district being in place and after a lengthy period of observation, to ensure that this option does not compromise the program or result in the problems that initially caused the residents to petition for the district. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1376, amending Section 10.32.350, which provides enabling legislation for creation of a neighborhood parking district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Assistant City Manager Brey distributed copies of the cover letter, dated May 11, 1992, forwarding the petitions for creation of a neighborhood parking district near the University campus. He noted that, attached to that page are two pages of statistics regarding each of the block faces surveyed. He emphasized the fact that these figures represent a sampling of approximately 50 to 11-29-93 - 7 - 60 percent of the property owners in each block, and should be considered in that light. He noted that of those responding, approximately 90 percent of the residents within four blocks of the nearest classroom space indicated support for the proposed district. He reminded the Commission that this petition was received just before the litigation involving the Missoula parking district .began; and it has been on hold until that litigation was settled last month. The Assistant City Manager then presented the proposed procedure to be followed for possible creation of a neighborhood parking district along the east, northeast and north sides of the MSU campus. He distributed copies of a draft advertisement to be printed in the newspaper, if the Commission agrees with the timeline he is proposing. He suggested that, since the Commission has just finally adopted the revisions to the enabling legislation, he will bring back an ordinance at next week's meeting for creation of the specific district near the Montana State University campus. He indicated that he will provide a more specific staff report at that time and ask for provisional adoption of the ordinance. He noted that the public hearing on the ordinance would then be scheduled for 7:00 p.m. on Monday, December 13, which will allow an opportunity for student input. He stated that the Commission could then finally adopt the ordinance at its December 20 .meeting, if it determines that creation of the district is appropriate. He Assistant City Manager Brey then reviewed the specifics of the proposed district. stated that the boundaries of the proposed district are generally set four blocks from the nearest classroom space, although portions of the north boundary are only two blocks from one of the dormitories that has been partially converted into office space. He stated that West Dickerson Street is the southernmost boundary of the proposed district, with stairsteps southward as it moves along the campus. He noted that the district includes Irving School and stairsteps around Southside Park. He stated the easternmost boundary is South Willson Avenue, although none of South Willson Avenue is included in the district. The southernmost boundary is West Lincoln Street, which is an unimproved street right-of-way. The western boundary follows along the University campus, following South Sixth Avenue, West Harrison Street, South Eighth Avenue and .est College Street, with control of the side of the street adjacent to the campus remaining under MSU jurisdiction as it has been in the past. The district then extends to South 13th Avenue, stair- stepping to West Dickerson Street at South 12th Avenue. The Assistant City Manager stated that the hours of the district would be from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for legal holidays. 11-29-93 ..---...-- --- - 8 - Assistant City Manager Brey then reviewed the existing parking restrictions within the district boundaries and those proposed under the recently adopted transportation plan update. He suggested that the proposed restrictions be implemented in conjunction with the neighborhood parking district, rather than a layered implementation. He stated that those parking restrictions will _ake precedence over the parking district restrictions. The Assistant City Manager emphasized that the parking permit program does not guarantee each resident that a parking space will be reserved in front of his or her residence. He noted that it is designed to reduce the congestion on the street, increasing the changes of being able to park in front of or close to one's residence. He noted that in some isolated portions of the district, particularly those located close to fraternities and sororities, the parking congestion may not be substantially reduced. Assistant City Manager Brey reminded the Commission that the appropriate signage must be installed before the district can be enforced. He noted this can be accomplished with two large signs or three smaller signs on each block face. He stated the Commissioners had previously reviewed the impacts of that signage, when it was installed for a brief period of time for their .review. He noted that, due to the amount of time that has lapsed, it may be necessary to go through that review again before making a determination on the signage, which is a large portion of the costs involved in implementing the program. The Assistant City Manager stated that parking permits would be valid for a period of one year, beginning on August 1 of each year, which will coincide with the academic year. He stated the cost of permits will be $10 per vehicle and that guest parking permits will be available for $5 per year. Half-year fees will be available for those first-time permits purchased after February 1; and permits may be transferred for a $1 fee. Residents will be allowed to purchase one parking permit for each vehicle they own, if it is to be parked on the street, plus up to three guest parking permits. Residents who do not intend to park their vehicles on the street will not be required to purchase a permit. Special events, such as bridge parties or birthday parties, can be .ccommodated through prior contact with the City. The Assistant City Manager stated that the ordinance creating the district will include annexation and de-annexation provisions. He noted that, typically, a one-block buffer is desired, to ensure that a parking district does not simply push the problem further out into the community. He noted that a windshield survey of the area under consideration reveals that most of the district 11-29-93 ------ ---- - 9 - has a one-block buffer, although portions of the north side are congested out to the proposed boundary along West Dickerson Street because it is only two blocks from the nearest classroom space. He suggested that it may be necessary to annex another block in that area after the initial district has been created to avoid problems. . The Commissioners concurred with the schedule as proposed by Assistant City Manager Brey and thanked him for his presentation. Staff reDort - reSDonse to auestions and issues raised bv Neil Ganser reassessment of his proDertv for SDeciallmDrovement District No. 656 City Manager Wysocki stated that, included in the Commissioners' packets, was a memo from City Attorney Paul Luwe, dated November 26, forwarding staff responses to the questions and issues previously raised. He noted that, attached to that memo were copies of the cases cited by Mr. Ganser's attorney at the October 25 meeting. Mayor Swanson reminded the Commission of his conflict of interest on this agenda item. He stated that he has purchased one of the bonds for this special improvement district and, . therefore, has a financial interest in the district. He then yielded the gavel to Mayor Pro Tempore Vincent at 4:50 p.m., and excused himself from the remainder of the meeting. At Mayor Pro Tempore Vincent's request, City Attorney Luwe reviewed his memo. He stated that, during the public hearing, Commissioner Frost raised four issues which he wished staff to address, noting that responses to each of the four issues are contained in the memo. He stated that staff has identified two options for the Commission to consider at this time, as follows: 1. The Commission may determine that it erred in its initial determination, which will result in a need to find an alternative source of funding for that portion of the assessment; or 2. The Commission may conclude it did not err in the initial determination, in which case it may consider the possibility of a payback agreement for that portion of the assessments attributable to the disputed portion of the property or it may reaffirm its position that Mr. Ganser owes the assessment as originally billed. . The City Attorney stated that if the Commission determines that it erred in assessing the back portion of Mr. Ganser's property because that portion of the assessment exceeds the benefit to the property, then an aternative source of funding must be found. He suggested that, in all likelihood, that source would either be from the City's General Fund or the City's Water Fund. He 11-29-93 -. -- .- - -- ---.- ------ -------..---....--- I - 10 - was in disagreement with Mr. Ganser's suggestion that it would be possible to relevy and reassess the district, with the other property owners paying a larger portion of the costs. City Attorney Luwe stated that if the Commission determines that it did not err in its determination, it can either reaffirm its previous decision or consider the option of developing a <<aVback agreement. He suggested that. if the Commission reaffirms its previous decision, it would be appropriate to allow Mr. Ganser thirty days in which to make his payment from the date of the new Commission action. He stated that if the Commission wishes, it may direct staff to prepare a payback agreement for that portion of the assessment pertaining to the R-O zoned portion of the property. Such an agreement should include an amount equal to the original assessment plus interest to the date of development, and should also include an adjustment for inflation. He noted that this would allow the rate payers or the taxpayers of the community to be made whole, since the City would be paying those assessments as they came due. Responding to Mayor Pro Tempore Vincent, the City Attorney stated that any Attorney General's opinion which may be sought in conjunction with this request would take time. He noted that if an issue is not complicated, an opinion can be anticipated ill ninety days; however, he feels .this issue is more complex and could take substantially longer. Responding to Commissioner Stiff, City Attorney Luwe stated his review of the legal issues raised by Mr. Ganser and his attorney has not changed his original recommendation to the Commission. He believes the City has followed appropriate procedures and that the decision is legally defensible. Commissioner Knapp stated that the Commission took a considerable amount of time to reach its original decision on this issue; and she feels that decision was fair and equitable. She then forwarded her support for Option No.2, stating she does not have a preference on the two options available under that option. Commissioner Frost stated his support for Option No.2, with reaffirmation of the original decision and allowing Mr. Ganser an additional thirty days in which to make his payment. . Commissioner Stiff also stated his support for Option No.2. He stated that he has many concerns about the payback option, noting that over a period of time, the interest computations could create a large payback figure. He also expressed concern about the precedent that such an action could create. \ 11-29-93 .. - _n._._..____.___ - 11 - Mayor Pro Tempore Vincent stated that, after reviewing the City Attorney's memo and the copies of the case law submitted several times, he feels the Commission took the appropriate action. He noted that not just the short-term, immediate benefit, but the potential benefit must be considered as well. He stated that, based on those factors, he supports Option No.2, with .eaffirmation of the Commission's previous action and a thirty-day period for payment of the assessment. The Mayor Pro Tempore noted that he had considered the possibility of a payback agreement; however, according to the City Attorney's memo, Mr. Ganser does not favor that option. He then noted that Mr. Ganser has indicated he does not intend to develop the back portion of his property. He stated that, even though there is no intent to develop at this time, there is no legal prohibition on future development of the site; and a future property owner may choose to do so. Mr. Chris Ragar, attorney representing Mr. Ganser, requested an opportunity to address the Commission, indicating his desire to respond to some of the points in City Attorney Luwe's memo. . Break - 5:05 to 5:08 D.m. Mayor Pro Tempore Vincent declared a break from 5:05 p.m. to 5:08 p.m., to confer with the City Manager and the City Attorney. Staff reDort (continued) - response to auestions and issues raised bv Neil Ganser reassessment of his DrODertv for SDeciallmDrovement District No. 656 Mayor Pro Tempore Vincent stated that the staff report had been prepared in response to the questions and issues raised during the public hearing. He then stated that, if new information needs to be submitted to the Commission, he would be willing to grant Mr. Ragar five minutes in which to present his comments. He cautioned that those comments must be confined to a very .narrow scope; and this opportunity is not to be used to cover information previously submitted to the Commission. Mr. Chris Ragar, Mr. Neil Ganser's attorney, addressed the issue of access to the rear portion of the lot. He stated there is only a 16-foot-wide unimproved access to that portion of the site; and that does not create an access that will accommodate commercial development. He then 11-29-93 - 12 - stated that for Mr. Ganser to take full advantage of the assessment, he would be required to destroy his existing home and replace it with a commercial structure. He stated that, for that reason, he believes that the cases he had previously cited are applicable in this instance. Mr. Ragar stated that Mr. Ganser has indicated a willingness to consider the possibility _f a payback alternative. He stated that his client is not trying to get "a free ride" but is willing to pay his fair share of the cost, but not the costs of the benefit to others. Responding to Commissioner Stiff, Mr. Ganser stated he is not aware of any covenants or conservation easements that would restrict the use of his property. He noted, however, that approximately 20 percent of the R-Q zoned portion of the property is basically a wetland. Responding to Commissioner Knapp, City Attorney Luwe stated that tax assessments are usually mailed so they are received around November 1, allowing 30 days for payment to be made before they become delinquent. He stated that, since Mr. Ganser had raised issues to which the Commission requested staff to respond, he feels it would be appropriate to allow Mr. Ganser thirty days from the date of Commission action to make his payment, should the Commission decision be adverse to him. . It was moved by Commissioner Knapp, seconded by Commissioner Frost. that the Commission did not err in its original assessments for the subject special improvement district, and allow Mr. Ganser an additional thirty days in which to pay his assessment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Schedule for orientation of the new Commission, scheduled for Saturday, December 4, beginning at 8:00 a.m., at the Lindley Park Center. .' (2) Letter from Karen G. Johnson, 8117 Indian Paint Brush Road, dated November 22, expressing concern about the possible creation of a neighborhood parking district. The City Manager indicated this letter will be forwarded as a part of the testimony received at the December 13 public hearing. 11-29-93 . I - 13 - (3) Minutes from the Beautification Advisory Board meeting of November 12, along with notice of the next meeting, which is scheduled for noon on December 3 at the Bacchus. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, November 30, at the Courthouse. . (5) Information on the League of Women Voters programs, as forwarded by Mayor Swanson. (6) Information from the recent meeting of the steering committee for the water quality district, as forwarded by Mayor Swanson. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 30, at the Carnegie Building. (8) Copy of a memo from Neighborhood Coordinator/Grantsperson Goehrung, dated November 29, regarding energy audits for the various City buildings. (9) The City Manager submitted his weekly report, as follows. (1) Announced that project engineers have been selected for the various projects to be funded through the Valley Unit Subdivision special assessments receivables and notes receivables. He indicated that those .projects will be submitted back to the Commission for consideration as a package, hopefully in January. (2) Stated that staff members have been meeting with representatives from the Department of Health and Environmental Sciences in Helena regarding their activities and billings for the Bozeman Solvent Site. (3) Forwarded an unconfirmed report that the Highway Commission has let the bid for the North 19th Avenue interchange to Pioneer Ready Mix. (4) Met with Don Weaver several times over the past week about deeding a parcel of land to the City for the Sourdough Trail in lieu of its current status as a dedicated easement. (10) Commissioner Knapp announced that she attended a Bozeman Public Library Foundation meeting this past week. (11 ) Commissioner Frost submitted the following. (1) Attended the Downtown Improvement Steering Committee meeting on Tuesday morning, at which time they looked at the eOSSibility of bulbing the intersections. (2) Indicated he will attend the meeting with business owners along North 7th Avenue tomorrow evening. (3) Attended the Bozeman Interfaith Housing committee meeting, at which time they reviewed the selection criteria for renters. (4) Attended the annual meeting of the Bozeman Preservation Society board. 11-29-93 --..--. -- . " - 14 - (12) City Attorney Luwe stated that the District Court Judge has petitioned the Supreme Court for a rehearing on the DUI court case which was remanded back to the District Court, for further guidance on some specific issues. ( 13) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the _genda for next week's meeting, which includes several public hearings. (2) Announced that public hearings will be conducted at each of the three meetings in December, as a result of the special public hearing scheduled for December 13. (3) Stated that she has been busy gathering information for the orientation session to be held on Saturday. (4) Reminded the Commissioners that evaluations are due next Monday. (14) Mayor Pro Tempore Vincent stated he has been working with City Manager Wysocki to develop a retreat for the new Commissioners that is slightly different from those conducted in the past. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. . Reauest for oermisslon to close Main Street for Christmas Stroll '93 - Downtown Bozeman Association ~ Saturday. December 4. 1 :30 to 7:00 o.m. Deviation from Section 18.50.060 ofthe Bozeman Municloal Code. to allow roof oroiections to encroach 2 feet into the reauired 20-foot front yard setback - Locati Architects for American Bank. 1632 West Main Street: oer DRB recommendations (2-93164) Acknowledae receiot of oetition from residents in New Hvalite View Subdivision askina the Commission to re-evaluate the need for installation of sidewalks in that subdivision: refer to staff Award bid - motor arader for Street Deoartment - Hall Perrv. Billings. Montana - in the bid amount of $74.686.50 Authorize City Manager to sian - Chanae Order No.2 for SID No. 656 (water main in Burruo Annexation) - Van Dvke Construction. Bozeman. Montana ~ add $192.00 and 0 calendar days It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the .ommission 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 Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. 11-29-93 ..-.----.-..-.---... . J - 15 - Adjournment - 5:27 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, .commiSSioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. ATTEST: (?~ d~ ROBIN L. SULLIVAN Clerk of the Commission . . 11-29-93