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HomeMy WebLinkAbout1993-07-26 ccm - #' . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 26, 1993 ***************************** -., The Commission of the City of Bozeman met in regular session in the Commission Room. unicipal Building, July 26, 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 - Julv 19. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of July 19, 1993, be approved as amended. The motion carried by the .ollowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - Conditional Use Permit - Michael Sweeney - Dlanned unit develoDment to allow construction of a commercial catering kitchen adiacent to existina residence on Tract A-2-A. located in the NW%. Section 34, T2S. R5E. MPM (2950 Hamer Puckett Road) (Z-9378) This was the time and place set for the decision on the Conditional Use Permit requested -. by Michael Sweeney, under Application No. Z-9378, for a planned unit development to allow construction of a commercial catering kitchen adjacent to an existing residence on Tract A-2-A, located in the northwest one-quarter of Section 34, Township 2, South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at 2950 Harper Puckett Road and is zoned A-S, Agriculture--Suburban, District. . City Manager Wysocki reminded the Commissioners that they had conducted and closed the public hearing on this application at last week's meeting. Planning Director Andy Epple posted copies of the site plan and vicinity plan, noting he had nothing to add to the staff report presented by Senior Planner Skelton at last week's meeting. 07-26-93 -..-. . nm ~ -- .----...---.. ~ " , - 2 - Commissioner Frost reiterated that he is troubled by the fact that this application does not meet the code requirements of being located at the intersection of an arterial with an arterial or a collector street. Responding to Mayor Swanson, Planning Director Epple stated that when staff evaluated _hiS project, they were considering it in terms of expanding a home occupation. He recognized the f concerns expressed by the City Commission and the City Attorney with regard to strict application of the zone code and master plan elements. Further responding to Mayor Swanson, the Planning Director stated that the "home occupation" category typically contemplates uses such as professional offices, dress making, tutoring and music lessons, although there is not a specific listing of what is or is not allowed under that category. He stated, when considering whether a use can be categorized as a "home occupation", items to be addressed include whether any additional electrical or utility service is needed for that use and whether a different fire rating will be assigned to it. He suggested that if either of those is needed, then the use is not eligible for the "home occupation" category. The Planning Director next addressed the level of employment allowed in a home eccupation. He stated the husband and wife may participate in that operation plus a one-half time employee. He stated that in this instance, the applicant indicates he and his wife and one full-time employee will be operating the business, which is above the allowable maximum for a home occupation. City Manager Wysocki reminded the Commission that during the public hearing, concern was raised about the additional traffic that would be generated; and he suggested the type of vehicles should also be taken into consideration. He noted that in this zone, a home should look and act like a home, to avoid negative impacts to the surrounding area. Commissioner Knapp stated she has been troubled by the recommendation for approval of this application, noting she is not convinced that this application is not in violation of the zone code. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission deny the Conditional Use Permit requested by Michael Sweeney, under Application No. Z-9378, for a planned unit development to allow construction of a commercial catering kitchen adjacent to an existing residence on Tract A-2-A, located in the northwest one-quarter of Section 34, Township 2, South, Range 5 East, Montana Principal Meridian, on the following bases: (1) it 07-26-93 . - 3 - conflicts with the zone code, (2) it does not meet the definition of a "home occupation" and (3) its approval could result in an undesirable precedent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. _ontinued Dubli~ hearina - Conditional Use Permit - Larrv Bowman for SAE House - allow eXDansion of non-conformina use and allow modification of existina aarage/barn structure to accommodate housing for four to twenty persons - lots 1-26. Block 3. Butte Addition (811 South Willson Avenue) (2-9375) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Larry Bowman for the Sigma Alpha Epsilon House, under Application No. Z-9375, to allow the expansion of a non-conforming use and allow modification of the existing garage/barn structure to accommodate housing for four to twenty persons on Lots 1 through 26, Block 6, Butte Addition. The subject parcel is more commonly located at 811 South Willson Avenue and is zoned R-2, Residential--Single-family, Medium-density, District. Mayor Swanson reopened the continued public hearing. Assistant Planner David Grigsby noted that, included in the Commissioners' packets, was . memo dated July 22, in which he forwarded some revised conditions for Commission consideration. He distributed a memo dated July 26, along with a revised layout for the main floor of the garage/barn, noting that the newly revised conditions are the result of a meeting with representatives of the SAE House Corporation on Friday. He asked that the July 26 memo be the basis for discussion. The Assistant Planner read through the revised conditions, as contained in his memo of July 26, carefully highlighting the proposed revisions and the reasons for each. The Planner stated that the applicants have forwarded their proposal to remodel the garage/barn structure for living purposes, finishing four bedrooms, a bathroom and common living area at this time. They have further indicated their desire to have a total of eight residents in that .acility at some time in the future; and the new plan for that building, which was just submitted to the Commission, includes four future bedrooms along the west end of the structure and expansion of the common area. He stated that the proposed revisions to Condition Nos. 5 and 6 would allow for the initial four rooms as presented at last week's meeting plus the four future rooms without additional review. 07-26-93 ----- ,> - 4 - Assistant Planner Grigsby stated the proposed revision to No.8 would eliminate the time limit for playing outdoor speakers. He noted that the change to No.9 eliminates the requirement for SAE to distribute copies of the names and telephone numbers of the Board of Directors to those residents within 200 feet of the House. He explained that staff has forwarded a second alternative .or that condition, asking the Commission to select which they wish to include if they decide to approve this application. Mr. David Jarrett, speaking on behalf of the SAE House Corporation, stated that following last week's public hearing, he and Mr. Bowman talked to Mr. Good and some of the other residents who were concerned about this application. At that time, they set a meeting for Wednesday evening to further discuss the issues and concerns; however, that meeting did not occur. He stated that on Friday, representatives from the SAE met with the Planning staff; and the revised conditions, as contained in the July 26 memo, are the result. He indicated that the applicants are willing to accept the conditions as set forth in the memo. Mr. Jarrett stated that this project is going to cost substantially more than they had originally anticipated, due in large part to the conditions for approval; however, they are willing to .eet those conditions. Mr. Jarrett addressed the proposed revisions in Condition Nos. 5 and 6. He stated that they are concerned about the proposed limit of four students in the remodeled barn, noting that from an economic standpoint, they need to be able to accommodate eight students in the facility. He noted that at the present time, they only want to install four rooms, for four students; however, they desire the ability to expand that to eight rooms for eight students at some time in the future without going through the time and expense of a conditional use review. Mr. Jarrett then addressed Condition No.8, stating that "boys will be boys" and will play their stereos outside. He indicated that the residents of the SAE house have created problems through their actions; and they must take the necessary steps to resolve those problems. He added that House rules regulate the number of parties that are allowed to occur in the house; and the edditional parties that they have chosen to have on site must occur outside the house. He noted, as a result, those parties have been held in the barn, which has no bathroom facilities; and the students have chosen to use the grounds instead. He suggested that renovation of the old barn will substantially reduce the public exposure of these activities. 07-26-93 " - 5 - Mr. Jarrett stated he has no problem with either proposal for Condition No.9, as submitted in the memo of July 26. He noted that in either instance, a provision is made for meetings between the SAE and representatives of the neighborhood. Mayor Swanson stated that at last week's meeting, representatives of the SAE made fairly _trang statements that a limit of four individuals in the garage/barn was acceptable. He noted. owever, that the revised conditions and this latest presentation reflect an intent to establish a limit of eight instead. Mr. Jarrett responded that citizen concerns seemed to arise from the possibility of two students per room; and their intent is to allow only one student per room. He further affirmed their intent to only renovate four rooms at this time, thus limiting the occupancy to four students in the first phase; however, they wish to retain the ability to expand the renovation to allow for an additional four rooms and four students later. Responding to Mayor Swanson, Mr. Jarrett reiterated the SAE's intent to provide accommodations for eight students on the ground level under this application, although not all of those would be provided immediately. . Planning Director Epple reminded the Commission that the Planning Board's recommendation was to allow not more than a total of eight students to reside in the barn. He stated that Condition No.6, as revised in the July 22 memo, limiting the total to four students, was staff's response to the comments made in the public hearing and Commissioner concerns. The Planning Director stated that confusion seems to have arisen from the fact that, while staff had considered each room might accommodate two students during its review of this application, the applicants have emphatically stated that only one student will be allowed per room, thus limiting the number of students allowed under the proposed floor layout to four. He stated that when staff met with Mr. Jarrett and Mr. Bowman on Friday, they indicated their continued intent not to exceed a total of eight students in the barn and a total of 38 students in the entire .acility. Mayor Swanson stated that a "Phase II" was not discussed at last week's meeting, asking if this is a new concept. Mr. Jarrett responded that they are continuing their effort to obtain permission to allow a maximum of eight students in the renovated barn. He noted that there are eight to ten seniors in the fraternity each year. He stated that the House Corporation is trying to provide upgraded 07-26-93 ~-_.- . - 6 - facilities to encourage those seniors to remain on the property and provide a stabilizing effect on the underclassmen. He stated that, although the House Corporation can only afford to complete four rooms at the present time, they want to provide accommodations for up to eight of those seniors. He indicated that in the past, the House has housed as many as 54 students; however, _hat was an unsatisfactory situation. Commissioner Frost noted the confusion that is arising because of last week's testimony, in which Mr. Bowman stated that the SAE does not intend to have more than four students in the building at anyone time--a concept with which several area residents felt comfortable, and the concepts being forwarded today, which would allow up to a total of eight students. Mr. Jarrett indicated that last week's testimony addressed only that portion of the building which the initial remodeling plans affect. He stated that if they don't have the ability to expand, it will not be an economically feasible project. Responding to Commissioner Frost, Assistant Planner Grigsby indicated that under Mr. Jarrett's proposal and the new drawing, the four additional bedrooms and expanded common area could be constructed without any further public review. . Commissioner Frost stated his concern with the new drawing now before the Commission, which shows eight rooms, and the fact that it would allow something different from what the pUblic wants. Planning Director Epple reiterated the fact that the Planning Board recommended a limit of eight students in the renovated barn; and neither the Board nor the staff was overly concerned about whether those eight students were housed in eight bedrooms or four bedrooms. He explained, however, that if an additional four bedrooms are constructed, the applicants must meet all building code requirements. He further noted that since the installation of four new bedrooms would impact the appearance of the west wall of the building, the plan would be subjected to Design Review Board approval before any building permits would be issued. Mr. David Jarrett stated that the House Corporation has been discussing what to do with .the old garage/barn for the past ten years, recognizing that is still a viable structure for the fraternity. He noted that, because of the recreational facilities currently available in that building and because it was available for impromptu parties on rainy days, it has been a source of conflicts with the neighborhood. He suggested that by filling the structure with living quarters, the residents will no longer have this facility available for parties and the "attendant outrageous behaviors". 07-26~93 n_.._____. ____. --- --...-...--- . _n _,__.__ ------.-.-- ~,.. - 7 - Commissioner Stiff stated he shares Commissioner Frost's concerns. He noted that under these recommended conditions for approval, the rules of operation are substantially changed, particularly since the fraternity residents could end up dealing with the City. Mr. Jarrett recognized that issue, stating he feels it is acceptable. He noted that the _tudents must learn to live within the rules which govern the House. from whatever source; and hey must also be held accountable for any violations of those rules. Mr. Jarrett responded to several questions from Commissioner Vincent regarding the living quarters of the fraternity house and the proposed remodel. He stated that the main house has a dorm type sleeping area and a community type of living, with a common study area. He stated that the seniors have typically decided it is time to study; and they desire an isolated area where they can do so. That type of space is not currently available on site, so many of the seniors decide to move to an apartment where it is available. He stated that with an upgraded living opportunity and a private bedroom, the SAE House Corporation is hoping to retain those seniors on site. Commissioner Vincent questioned how much the seniors would intermingle with other members of the fraternity if they were located in the garage on the property, suggesting that they t ray not spend much time in the big house if the newly remodeled quarters are set up the way they want. On that basis, he questioned how much influence their presence may have over the underclassmen and their behaviors. Mr. Jarrett reviewed the structure of fraternity living. He stated that those students living in the garage/barn would be eating most of their meals in the big house. He also noted the detail that the pledges, sophomores, juniors and those seniors with low academic grades are assigned, and the fact that a senior must review their work and sign off as having been completed satisfactorily. He stated that, because of those requirements, the seniors' presence on site would have a dramatic impact; and the intermingling would be quite extensive. Commissioner Knapp acknowledged that Condition NO.4 requires all applicable code requirements, including all life safety issues, be met prior to occupancy of the structure. She noted 4 ('+what appeared to be confusion about that issue at last week's meeting and asked if it is thoroughly understood now. Mr. Jarrett responded that they wish to begin construction next week if at all possible. He stated that they do not wish to have any students trying to reside within that structure while the work is being done. 07-26-93 .----'."'..-- .- --.- ....--- . - 8 - Commissioner Knapp stated she feels that Condition No. 6 should very specifically stipulate that the four bedrooms are "single occupancy only", to avoid any questions at a future date. She expressed her reservations about allowing a "Phase II" under this application without a time limit, noting the time limits on most of the other approval processes. She further expressed .oncern that if no time limit is established, it could be years before the applicant brings back a proposal for the four additional bedrooms on the west end for DRB review. Mr. Jarrett responded that they wish to have the flexibility to add the next four bedrooms without having to go through the entire review process again. Responding to questions from Mr. Jarrett, Commissioner Knapp stated that, while she does not have a problem with 38 people on the entire site, she does have a problem with eight students. She noted that all previous conversations have revolved around four students; and at some point the number of students reaches a "critical mass", even with senior students. Mayor Swanson suggested that the Commission has three options on Condition No.6: (1) limit the number to four; (2) allow four now and four later with review; or (3) allow four now and four later with no review. He asked the Commissioners to be ready to forward their comments .n that issue following the close of the public hearing. He also asked them to be prepared to address the question of which Condition No.9 they prefer. Assistant Planner Grigsby stated that Condition No.4 makes reference to all life safety issues being addressed prior to occupancy of the structure. He stated that under this condition, the entire building must be sheetrocked, including the upstairs and that portion of the main floor into which the applicant is proposing future expansion, and two stairwells must be installed to the upper level. Mr. Mike Miles, 822 South Willson Avenue, stated that at a neighborhood picnic, including residents from South Grand, South Willson and South Tracy last night, part of the discussion revolved around this application; and the general consensus of those present was that almost everything to be said was presented at last Monday's meeting. He noted that most of the residents en that area work and were unable to attend this meeting. He stated it is his clear recollection that at last week's meeting, one of the members of the Planning Board was present and indicated that the Board's recommendation was approval for four to eight students, with eight being the ceiling. He further noted that at last week's meeting, he specifically asked if there was any intention of a phased development, or if was carved in stone that there will be only four rooms and four students 07-26.93 , - 9 - on the ground level. He noted that the response was an indication that only four rooms with four students were contemplated. He stated that the neighbors generally agree that they can live with a total of 38 students on the site, four of which are residing in the renovated barn. Mr. Miles characterized the proposal submitted this afternoon as "bringing it out of left _ield". He encouraged the Commission to not allow up to eight students in the renovated barn without the additional four rooms and students being subjected to the public review process. Mr. Miles then noted the question to representatives of the SAE at last week's meeting, when they were asked if it was their intent to do nothing with the building if this application is denied; and the response was that was the intent. He felt that since habitation of the barn is an illegal use, it may no longer continue if this application is denied. Mr. Jarrett stated he does not believe that allowing 38 students to reside on one full city block is excessive; and he does not believe that allowing eight of those students to reside in the old barn is inappropriate. He stated that the proposal forwarded today does not increase the number of students to be housed in the portion of the structure to be remodeled at this time; it simply provides the flexibility to house a total of eight students in the structure at some time in the euture. Responding to questions from Commissioner Frost, Planning Director Epple stated there is no mechanism for public review in any of the minor review processes; therefore, any future expansion of use of the renovated barn must be through at least a major site plan review or a conditional use process. Responding to concerns raised by Mr. Jarrett, the City Manager explained that the time for advertising and public hearings are what usually take the most time in the conditional use process. He noted the costs involved are quite minor, particularly when compared to the costs of construction. Responding to questions from Commissioner Stiff, Planner Grigsby stated that all of the sheetrock, mechanical, water and sewer services, and other life safety items for the building must .e addressed under this conditional use permit. He stated that if future bedrooms are to be installed, then partitions will need to be constructed and the replacement of windows will need to be addressed if it has not already been done. Responding to Commissioner Knapp, the Planner stated the basic difference in the two proposals for Condition No. 9 is that the first one requires that the neighborhood select a 07-26-93 ..-.--..----..--. - 10 - representative and requires that the neighborhood become the active force in organizing meetings, while the second proposal requires the SAE to initiate the process. Commissioner Vincent asked if there is any way to limit the number of students allowed in the renovated barn to four, period, without any chance for future expansion. . Planning Director Epple indicated there is no way to limit the number to four with no chance for future review or change. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the customary one-week waiting period for land use decisions be waived. 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. At Mayor Swanson's request, the Commissioners reviewed the proposed revisions to the eonditions, utilizing the memos of July 22 and July 26 to do so, reaching general concurrence on the language for Condition Nos. 5, 6, 8 and 9. Commissioner Vincent stated that, given the comments from residents of the neighborhood, he cannot support approval of this application without strict assurances that the number of residents in the garage will not exceed four people. He noted that, while the language agreed upon by the majority of the Commissioners is as tight as it can be given the cautions forwarded by City staff, he does not feel it is adequate protection for the neighborhood. Commissioner Vincent stated this site is located in an R-2 zone, which is the type of Residential zone which must be protected as much as possible. He reiterated his interest in protecting this type of neighborhood and ensuring that it does not lose its tranquility. He added that while there has been substantial testimony in opposition to this application, there is a general .consensus among the neighbors that if the number of students in the barn is limited to four, it will be acceptable. He reminded the Commission of the excerpt from the staff report which he read at last week's meeting, and stated that he does not believe the impacts have been completely mitigated. 07-26-93 - 11 - Commissioner Knapp noted the importance of considering the health, safety and welfare of the community's citizens when making decisions. She informed the Commission that this area has been zoned R-2 since the 1970's, while this square block has been occupied by a fraternity for the past sixty years. She stated her support for approving this application, with the conditions . ...-.rhich have been developed, stating that she believes the result will be an improvement to the area. -WI' Commissioner Frost stated he also supports rehabilitation of the old garage/barn. He noted what appeared to be general consensus at last week's meeting to allow four students to reside in the renovated building. He concluded that the issue of public relations seems to be addressed in the conditions for approval. Commissioner Stiff stated support for the application, with the conditions as revised. Mayor Swanson added his support for approving this application. He noted the difficult task facing members of the SAE is rebuilding the trust that has been lost over the years. He then raised the affordable housing issue, questioning what type of facilities the students might live in if they are not given the opportunity to renovate this old structure. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the _ommiSSion approve the Conditional Use Permit requested by Larry Bowman for the Sigma Alpha Epsilon House, under Application No. Z-9375, to allow the expansion of a non-conforming use and allow modification of the existing garage/barn structure to accommodate housing for tour to twenty persons on Lots 1 through 26, Block 6, Butte Addition, subject to the following conditions: 1. That all of the existing areas of deteriorating brick work on the existing bar/garage structure be re-mortared and restored, and that the entire structure be maintained in good repair; 2. That the proposed garage door space intill walls be inset into the openings, framed and finished in painted wood detailing similar to the wood detailing of the existing garage doors. That the new windows have permanent grills on either the outside, or both the outside and inside of the thermopane glass, and not be divided with insert grills; 3. That the plans for the interior be reversed from front to back, so that the four bedrooms are located in the south half of the structure, with the egress windows facing the street. All required changes in design -. and/or site plans shall be approved by the Planning Office and the Design Review Board, prior to final site plan approval. Said approved required changes shall be shown on the final site plans; 4. That the entire structure meet all applicable required zoning and building codes, including all life safety issues, prior to occupation of the structure; 07-26-93 - 12 - 5. That there shall be no habitation of the second floor level of this structure, nor habitation of any space in this structure other than the living quarters approved through this review; 6. That no more than four (4) individuals reside in the four single- occupancy rooms in the remodeled portion of the barn/garage facility without additional Conditional Use Permit review, and that said individuals be at an academic level of "senior" or above in college; . 7. That the number of individuals residing on the entire site including the main residence and the proposed barn/garage apartment, not to exceed the current level of thirty-eight (38) individuals; 8. That no speakers or music (loudspeakers, stereo speakers, radios, CD's, etc.) be directed out of the main residence or barn/residence doors or windows, nor at any time toward the surrounding neighborhood. That no speakers and/or music (including live music) be played outdoors between the hours of 10:00 p.m. and 8:00 a.m.; 9. That a list of the current S.A.E. Corporation and/or Alumni Board of Directors, including addresses and phone numbers of said Directors, be submitted annually to the Planning Department by the Corporation for forwarding to the appropriate enforcement agencies. If neighbors in the immediate neighborhood form a group and designate a representative to engage in dialogue with the S.A.E. Corporation and the S.A.E. House residents, that said S.A.E. Corporation, or a representative thereof, and House officers shall agree to meet and participate in said discussions. Neighborhood/S.A.E. meetings shall be held as necessary at the request of the neighborhood group and/or its representative in an effort to improve neighborhood relations and address disputes; . 10. That an accurate parking plan be submitted for review and approval by the Planning Office prior to final site plan approval, and the approved parking plan shall be included on the final site plan. To improve efficiency of use of the existing parking lot, all parking spaces shall meet code requirements for width, length and location, and the parking spaces shall be striped with 4-inch wide painted lines, and shown on the final site plan. In addition, at least one disabled accessible parking space shall be provided, signed, and designated on the final site plan; 11. That a copy of the above-listed conditions shall be provided annually to the House President by the Board of Directors, with the understanding that consistent and repeated violations or disregard for these conditions may result in the reconsideration and possible revocation of this C.U.P. by the City Commission; 12. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 13. That all of the special conditions shall constitute restrictions running . with the land use and shall be binding upon the owner of the land, his successors or assigns; 14. That all conditions specifically stated under any Conditional Use listed in the zone code shall apply and be adhered to by the owner of the land, successors or assigns; 15. That all of the special conditions shall be consented to in writing by the applicant; 07-26-93 - 13 - 16. That seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; Ie 17. That the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 18. That a building permit must be obtained within one (1 ) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a building permit is issued; and 19. That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, .commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Vincent. Break ~ 5:05 to 5:15 p.m. Mayor Swanson declared a break from 5:05 p.m. to 5: 15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff update re status of housing study - Neighborhood Coordinator/Grantsperson Goehrung City Manager Wysocki stated that, included in the Commissioners' packets, were two memos from Neighborhood Coordinator/Grantsperson James Goehrung, dated July 22, pertaining to the housing study and a proposed housing task force. . Neighborhood Coordinator/Grants person Goehrung briefly summarized the contents of his memos, addressing the housing study first. He stated that he has commitments for a total of $14,000 in funding for the project as of this date. He stated that, while he is encouraged by the responses to date, that total is one-half of the total amount he anticipates will be needed to complete the project. He stated, however, rather than asking the Commission to appropriate 07-26-93 ~. -" - ~.. - 14 - monies for the difference at this time, he would prefer to wait until after the task force has had an opportunity to organize and determine how the process should move forward. He then noted that his original estimate may either be too high or too low. Coordinator Goehrung addressed his second memo, which pertains to the creation of a : .housing task force. He stated that his memo lists nearly twenty people who have returned the interest sheets which he had mailed out with the survey; and he added two more which have just come in. He explained that while appointing all of these people to a task force could create a rather unwieldy group, he feels it is important to have representation from all of the categories he has listed. He suggested that since many of these individuals are extremely busy, they may not be able to attend all meetings of the task force and may even go through periods of activity and inactivity. He suggested that with a large group, they may be able to divide into sub-groups assigned to specific issues, completing their tasks and reporting back to the task force. The Coordinator asked the Commission how they wish to proceed with the creation of a task force and making appointments to that body. Responding to Mayor Swanson, Coordinator Goehrung stated he had estimated that .$28,000 would be needed to fund the housing study. He then noted that, in addition to the $14,000 already committed, a representative from MSU has indicated they will commit some monies, probably at least $1,000. Responding to additional questions from the Mayor, Coordinator Goehrung stated he mailed 51 letters to individuals and organizations that are involved with housing issues. He noted the importance of the City and County endorsing the concept of addressing the housing issue, particularly since the Commissions are the bodies which must endorse and enact recommendations forwarded by the task force. City Manager Wysocki recommended that the Commission authorize Neighborhood Coordinator/Grants person Goehrung to move forward with the proposal as submitted, concurring in his recommendations for the task force. .. Responding to Mayor Swanson, Coordinator Goehrung noted that demands on the Planning staff are high; however, he noted that as business slows down, the Planning staff may be able to assist in this process. He stated information may be available from other communities which will assist the task force in their efforts. 07-26-93 - 15 - Mayor Swanson noted that affordable housing was the top priority on the Commission's list of goals again this year. He stated his support for this proposal, noting that it does address that goal. Coordinator Goehrung added that in Missoula, there were 28 members on the task force; . there are a total of 1 64 persons listed who had made comments or assisted in the study. Commissioner Stiff informed the Commission that the Bozeman Interfaith Housing Coalition is currently raising monies to build low- to moderate-income rental housing. He suggested that they should possibly be involved in this process, also. Coordinator Goehrung stated that was one of the groups he contacted; however, he received no response. He assured the Commission that he will work with the various groups and committees that have already been established to address the housing issue, to ensure that duplication of efforts does not occur. The Commissioners concurred in the list of members forwarded by Coordinator Goehrung, as follows, and authorized the Mayor to send a letter of appointment to each: BANKERS Steve Wheeler, First Citizens Bank Kim Wild, First Bank . REAL TORS Tim Rice, ERA Landmark HOMEBUILDERS Dan Kamp, President Jim Syth, Bridger Builders BUSINESS Gene Graf, Gallatin Development Corp. MSU Bob Lashaway, Asst. Dir. of Facilities NON-PROFIT Jeff Rupp, HRDC Joan Rudberg, United Way Michael Garrity, Habitat for Humanity PROPERTY OWNERS Dan Wood, Montana Landlords Assn. SINGLE PARENT Kathy Coles, Battered Women's Network DISPLACED Norene LeMieux, Help Center DISABLED Jackie Engdahl, Reach . Bill Larsen, Coalition of Montanans Concerned with Disabilities CITIZEN Tom Franken Candace Cummings Marilon Turrentine Pete Stoltz 07-26-93 -.- .- - 16 - Pledged Securities as of June 30. 1993 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner Frost and Commissioner Stiff have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. .The inventory of Depository Bonds and Pledge Securities was found to be in order. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Pledged Securities as of June 30, 1993, listed as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30, 1993 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Trusteed with National Bank of Commerce Dupage Cnty. III SID #045 Bds 6.1 06/01/2001 048037 $ 300,000.00 West Jordan UT Wtr & Swr Rev Bd 7.25 07101/1994 046776 200,000.00 EI Paso Cnty Co Hosp Rfgd 7.20 05/01/1994 046737 200,000.00 Cowlitz Cnty W A SID #401 6.30 06/01/2000 048236 290.000.00 . Sub-Total - First Security Bank - Bozeman $ 990.000.00 Pledaina Amendment to ReDurchase Aareement: Trusteed with National Bank of Commerce: Fed Home Loan Bank 7.50 06/27/1994 046739 $ 1,000.000.00 Fed Natl Mortgage Assn 8.45 07/15/1996 046742 250,000.00 Fed Home Loan Banks 5.50 05/27/1997 052984 500.000.00 Sub-Total - Repurchase Agreement $ 1.750.000.00 TOTAL - First Security Bank - Bozeman $ 2.740.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for _he City of Bozeman funds as of June 30, 1993, by the banks of Bozeman and approve and accept he same. TIMOTHY SWANSON, Mayor JOE N. FROST, Commissioner BEVERL Y H. KNAPP, Commissioner 07-26-93 - ------- -------------- - ------------------ -. ....-..------ - 17 - ALFRED M. STIFF, Commissioner JOHN C. VINCENT, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those eoting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2927 - authorizing adoDtion and execution of the Revised and Restated Liability Program Agreement. dated July 1. 1993. entered into bY the City and the Montana MuniciDallnsurance Authority COMMISSION RESOLUTION NO. 2927 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE ADOPTION AND EXECUTION OF THE REVISED AND RESTATED LIABILITY PROGRAM AGREEMENT ENTERED INTO BETWEEN THE MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF BOZEMAN, DATED JULY 1,1993; AND AUTHORIZING THAT THE ADOPTION AND EXECUTION OF ANY AMENDMENT THERETO MAYBE MADE BY MOTION. . Commission Resolution No. 2928 - levying and assessina tree maintenance district for FY94: set Dublic hearina for August 9. 1993 COMMISSION RESOLUTION NO. 2928 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1994 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Commission Resolution No. 2929 - levying and assessing street maintenance district for FY94: set Dublic hearing for August 9. 1993 COMMISSION RESOLUTION NO. 2929 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL . YEAR 1994 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Authorize City Manaaer to sian - Change Order No.4 - Water Treatment Plant EXDansion - Diamond Construction - add $420.00 and 0 calendar days Authorize City Manaaer to sian - Development Fast Track Agreement - Clair Daines for Westfield Subdivision. Phase III. in accordance with the Drovisions of Ordinance No. 1366 07-26-93 -. .. - -----...---- - 18 - It was moved by Commissioner Frost, seconded by Commissioner Stiff, 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 Stiff, Commissioner Vincent, Commissioner _napp and Mayor Swanson; those voting No, none. Recess - 5:28 D.m. Mayor Swanson declared a break at 5:28 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing and completing the routine business items. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing and completing the routine business items. Public hearing - Tentative Aopropriation Ordinance for Fiscal Year 1993-1994 . This was the time and place set for the public hearing on the Tentative Appropriation Ordinance for Fiscal Year 1993-1994, as approved by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUND FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1994. Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He noted that at their meeting of July 6, the Commission adopted the Tentative Appropriation Ordinance, which included the following totals for each of the fund types: . General Fund $ 6,084,213. Special Revenue Funds 5,649,966. Debt Service Funds 1,575,000. Enterprise Funds Water Fund 2,529,195. Waste Water Fund 1,493,093. Solid Waste Fund 1,093,361. Internal Service Funds 748,966. Trust and Agency Funds 230.000. GRAND TOTAL $ 19.403.794. 07-26-93 - 19 - The City Manager stated that the projected revenues to cover these appropriations are contained in the following section of the ordinance; and they match the numbers listed above. He stated that to make the budget balance, a total of $1,576,418 is being utilized from the reserves. A substantial portion of that amount is attributable to the receivables from auction sale of certain <<allev Unit Subdivision lots; and another portion is due to projected shortages in revenues in the olid Waste Fund. City Manager Wysocki noted that, as a result of the Commission's careful review of his recommendations in three work sessions, the following list of proposed changes to the tentative appropriation ordinance has been identified: GDC request for operations support $ 5,000. Support for GalaVan 10,000. Deck extension at Bogert Pool 10,000. .38 FTE at Library for automation 4,700. Carpeting - City Hall (13,500.) Phone System - contracted serv. (4,000.) Pest control - trees 30,000. Fire alarm hook-up - Law & Justice 14,000. Compressor - Water/Sewer 11.500. Total $ 67.700. The City Manager stated that $30,000 in additional tree maintenance district assessments "OUld cover that cost; and the remaining balance would be funded through a further reduction in reserves. He noted that the recommendations for adjustments include moving of monies between funds to accommodate the anticipated acquisition of the Burke property. City Manager Wysocki submitted a letter from the Bozeman Area Chamber of Commerce, dated July 21, in which they encouraged the Commission to either maintain or reduce the mill levy for City operations. The City Manager explained that, distributed just prior to the public hearing, was a copy of a letter from the County Assessor's office, dated July 16, forwarding the market and taxable values for Bozeman for 1993. He reminded the Commissioners that in his recommendations, an estimated mill value of $29,296 was used; and the actual mill value is $31,670. . Commissioner Frost reviewed the list of proposed reductions, dated July 25, which he has forwarded for Commission consideration during this public hearing: City Newsletter $ (2,500.) ADA (City Manager's budget) (1,200.) Light bars for police cars (1,500.) Uniforms for Fire Department (1,000.) Disposal of bloody materials through Hospital ( ??7.) 07-26-93 - 20 - Recarpeting City Hall (13,000.) Phone system - contracted services (2.500.) Total $ (21.700.) Commissioner Frost noted that his goal was to eliminate the equivalent of one mill from the budget; and he found it extremely difficult to find even $21,000. He reviewed each of these I . endividual items, noting that he has discussed all of them with the City Manager. At Mayor Swanson's request, City Manager Wysocki responded to each of Commissioner Frost's proposed reductions, concurring with each. He cautioned the Commission that the recarpeting of City Hall and reduction in the amount for contracted services for a new telephone system are contained in both the list of proposed reductions as a result of the work sessions and in Commissioner Frost's list. He cautioned that those items be considered only once, which lowers the amount of additional reductions to $6,200. Responding to Mayor Swanson, the City Manager indicated that there are areas of wear in the carpet in City Hall. He noted, however, that those places can probably be sealed down, thus avoiding trip hazards for another year. He stated that the current carpet in the main traffic areas is approximately eight years old, with some of the offices having older carpet. He noted that if .ufficient monies are available at the end of the fiscal year, this project could possibly be accommodated. City Manager Wysocki reminded the Commission that an additional $12,200 needed to be funded on the sheet of proposed adjustments, to make the budget balance; and Commissioner Frost has proposed reductions for $6,200 of that amount. The City Manager stated there was some discussion, by at least one of the Commissioners, about deleting the deck extension at Bogert Pool from the list of proposed adjustments. He noted that approximately $520 has been spent on architectural work for that project to date. He suggested one option might be to decrease that line item by $9,000, leaving $1,000 for any remaining plan work that needs to be done, so that next year, the Commission .COUld fund its immediate installation, if they so choose. He stated that would leave the pool without a deck extension for one more season. Following a brief discussion, the Commissioners concurred in this proposed reduction to the budget, recognizing that the project will be considered on its own merits and its relationship to other projects in next year's budgeting process. No one was present to speak on the Tentative Appropriation Ordinance for Fiscal Year 1993-1994. 07-26-93 --.-----... --... I - 21 - Responding to Mayor Swanson, Administrative Services Director Gamradt stated that he has asked the County for a breakdown of the increased mill valuation, and how much of that is attributable to commercial properties, residential properties, new construction and new annexations. He stated that, hopefully, that information will be available this week. The Director reminded the _ommiSSion of discussions about reducing the mill levy to recognize the increased valuation, and other discussions about possibly capturing that portion of those increased valuations which pertains to new construction and new annexations, to minimize the cost of those impacts which they have on City services. City Manager Wysocki stated that, the difference in the mill value between the estimate contained in his recommendations and the actual mill levy will generate approximately $290,000 more in revenues, if the suggested mill levies are used. He stated another alternative would be to lower the mill levy, so that the same dollars are realized; or the Commission may choose to capture that portion of the levy pertaining to new facilities. Mayor Swanson suggested another issue to be considered is whether the Commission wishes to capture some of the increase in valuation to avoid significantly depleting the reserves. .e noted that, from previous conversations, it appears that the Commission wants to minimize taxes and is willing to take from reserves rather than raise taxes. Commissioner Stiff stated he feels that if the Commission is going to capture some of the increased valuation, those monies should be used to fund some of the items for which borrowing is currently being considered. He noted Page 152 of the City Manager's recommendations, which provides for expenditure of the revenues from receivables from specific lots in the Valley Unit Subdivision. He characterized this as a "brain storming" page because it does contain a list of projects for which there is no real timeline for completion. City Manager Wysocki added that the budget unit has been established to account for revenues received over the next eight years. He stated the total projected receivables was $2.2 million when this budget unit was created; however, that number is volatile because of the impacts .hat early pay-offs have. He noted that figure has decreased because one pay-off has occurred; and there is a potential for additional early pay-offs over the next few years. He explained that the actual estimated cash balance on July 1, 1993, is $667,000 in this budget unit. He suggested that by the end of this fiscal year, probably only monies for design will have been expended; and none of the proposed borrowing will have occurred. He reminded the Commission that the No.1 07-26-93 , - 22 - transportation project is the intersection of West Babcock Street and West Main Street; and the timing of that project is controlled by the State. Mayor Swanson stated that the strategy for the use of Valley Unit monies was substantially impacted by public testimony and letters received. He noted that strategy included _orrowing monies so many of the transportation projects could be completed quickly. Commissioner Stiff stated that the taxation issue is an important one for many people in the community. He noted that, while Commissioner Vincent's taxable valuation increased 30 percent this year, his increased in excess of 50 percent. He noted that it is important for retired people and those on fixed incomes to be able to continue living in their homes, rather than being forced to relocate. He encouraged the Commission to consider this issue very carefully when making decisions about the mill levy for the upcoming year. City Manager Wysocki cautioned the Commission that the City is only one of the players that impacts the taxes which one pays, and a small one at that. He reminded the Commission that the State, School District and County also impact the tax bill, to a much greater extent. He suggested that the City's lowering the number of mills it levies could provide an example for the ether governmental entities to follow. He stated that if the mill levy is lowered this year, it will be the third year in a row; however, that message does not seem to have gotten to anyone. Commissioner Vincent stated his support for lowering the mill levy , noting that taxes are not just impacting those on fixed incomes, but are beginning to impact the middle-class working families as well. He reminded the Commission of a recent change in legislation which allows School Boards to easily take advantage of the increased valuation. He noted that permissive levies are no longer subject to a vote; and the School Board must specifically vote to reduce the number of mills levied. He stated his support for the concept of encouraging other branches of government to lower their mill levies by doing so at this level. Commissioner Frost noted that the City has no control over 80 + -percent of the property taxes; however, it has been a topic of substantial discussion. He emphasized that over the past .four years, the City has dropped its mill levy by seven mills. He feels the City is operating well, and has good employees. Commissioner Knapp stated that, when considering this issue in the long term, she has some concerns. She suggested that the Commission should take into consideration the potential for a catastrophe and attendant sudden decrease in the value of a mill. She suggested that, since 07-26-93 I - 23 - the City has been under statutory constraints for several years and continues to be. She suggested that the Commission should carefully take that into consideration, since actions taken now could dramatically impact future budgeting. She noted her second concern is that some of its non- property tax revenues are vulnerable, particularly in light of the pending special legislative session eo balance the State's budget. She suggested that if the City loses some of those revenues which It has projected in this budget, that could place a greater reliance on the property tax revenues; and if the mill levy is lowered too much, those monies won't be available, either. Commissioner Knapp stated she feels the City is doing a good job. She also indicated she does not feel that budgeting should be impacted by politics, but should be considered in light of fine financial management, with the Commissioners "taking the hits where they come." She noted that the City's employees must be considered also, as well as the citizens of the community. Mayor Swanson suggested that an information sheet reflecting what the City could have been levying, but chose not to, could be valuable. Responding to Commissioner Frost, the Administrative Services Director indicated that monies have been included in this budget to cover the following federal and state mandated .rograms: Americans with Disabilities Act, Sub-Title D Regulations for the landfill, attorney's fees for the Bozeman Solvent Site, water hook-up fees and sewer hook-up fees. Commissioner Stiff noted the transportation plan which the City has adopted and the importance of completing some of these projects as quickly as possible. He recognized how busy the engineering firms and City staff are and the difficulty of getting to a position where the construction work can be bid. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public hearing be closed. 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. Mayor Swanson closed the public hearing. . City Manager Wysocki stated that the comparison between the City Manager's recommendations and the Tentative Appropriation Ordinance will be published on Wednesday. He asked that the Commissioners be prepared to make final decisions on what is to be included in the final appropriation ordinance at next week's meeting; and stated that the ordinance will be presented for final adoption at the August 9 Commission meeting. 07-26-93 . , - 24- Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Memo from the Planning Director, dated July 16, announcing that Debbie Arkell _as been promoted to Assistant Planning Director. (2) Copy of a letter from the Board of Crime Control to the City Manager, dated July 16, announcing that the City has received a grant for its DARE program for the upcoming fiscal year. (3) Copy of the minutes from the June 9 meeting of the Highway Commission and the telephone meeting of June 21. The City Manager noted that the June 9 minutes reflect the beginning of a policy for use of the demonstration project monies. (4) Copy of the City of Bozeman Parks Master Plans 1992, which is a compilation of the individual park master plans which the Commissioners approved last year. (5) Agenda for the Development Review Committee meeting to be held at 10:00 ..m. on Tuesday, July 27, at the Carnegie Building. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, July 27, at the Carnegie Building. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 27, in the Courthouse. (8) Letter from Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, dated July 26, proposing that representatives of the City and the Chamber begin discussions for a "futures" conference. Commissioner Vincent stated his willingness to talk to Daria Joyner to determine how she envisions this proposal moving forward, particularly since this was one of his top priority goals for this fiscal year. He indicated that he will then report back to the Commission and seek .uthorization for whatever the next step might be. Mayor Swanson noted that an article in the High Country News revealed that the City of Livingston conducted a futures conference; and they were very impressed with the facilitator that they used. 07-26-93 . - --.-. --. - - --- --.--... ~~. . . \ - 25 - (9) The City Manager submitted his weekly report, as follows. (1) Announced that staff is anticipating the finalization of a fast track agreement with Anthony Wayne Corporation for the ILX site. He noted the administration of only one fast track agreement was contemplated at a time; however, he suggested that both this one and the one for Clair Daines could be .dministered at the same time since one is a very short timeframe and the other is longer. (21 Announced that Chief of Police Boyer and Assistant Chief Conner attended the State Police Chief's Convention in Missoula this past week. (3) Attended the District 10 meeting of the Montana League of Cities and Towns on Thursday. (4) Met with three business people from Poland last week, at which time they talked about local government and the assistance offered to businesses. (5) Announced that water revenues are obviously down, possibly as much as $293,000 for this fiscal year. (6) Stated that painting of crosswalks is extremely difficult because of the rain. He suggested that an alternative to painting of crosswalks two or three times a year should be pursued, and possibly replaced with a more permanent method of marking the pavement in those locations. (10) Commissioner Stiff stated that he met with the City Manager last week to eiSCUSS the budget, and spent a considerable amount of time reviewing the budget and preparing for the public hearing. (11 ) Commissioner Frost submitted the following. (1) Attended the Historic Preservation Society meeting at 7:00 p.m. on Tuesday night. (2) Attended one-half hour of the Planning Board meeting on Tuesday night, at which the hearing was conducted on the sign code revisions. He noted that the revision process has been underway for three and one-half years; and there are only two people on the Planning Board who were on the Board when the process started. (3) Announced that Associate Planner Kevin Wall will be teaching a fall semester class on historic architecture during his lunch hour. (4) Had breakfast and lunch on Wednesday with the Director of the State Department of Commerce. (5) Attended the meeting of the Downtown Improvement . Committee on Thursday morning. He noted that the committee is beginning to make substantial progress every week. (6) Attended the enhancement steering committee meeting at noon on Thursday. (7) Attended the District 10 meeting of the Montana League of Cities and Towns at 1 :30 p.m. on Thursday. (8) Toured the North Rouse Avenue corridor with Planning Director Epple, Director of Public Service Forbes and Neighborhood Coordinator/Grantsperson Goehrung and four or five representatives of the Department of Transportation. He stated the project, which should 07-26-93 . ... - 26 - be completed by 1995, will result in enhancement of the corridor, He cautioned that if bike lanes are to be provided, parking must be eliminated along the street, at least to East Tamarack Street. ( 12) Mayor Swanson noted that the enhancement steering committee prioritized the list of projects to be submitted for funding. He stated that the top two priorities are being . submitted for funding. one of which is the Highland Boulevard project to get pedestrians separated from motorists. ( 13) Commissioner Knapp reported on her attendance at the conference on cable television franchising, which was held in Portland this past week. She stated there were four very knowledgeable speakers, who forwarded a wealth of information. She requested an agenda item on August 9, at which time she will provide a brief report and seek Commission support to proceed with specific steps, in light of a September 1 deadline for one of those items. She stated that she will then prepare a more comprehensive report for another Commission meeting. (14) City Attorney Luwe distributed to the Commissioners a memo dated July 26, forwarding a copy of the draft Bargain Sale Agreement for the Burke property, and indicated that the agreement is to be finalized and placed on next week's agenda for action. He stated that the .agre~~ent contains several sections which are simply reiterations of City ordinances or statutory provIsions. Mayor Swanson encouraged the Commissioners to forward any comments they may have about this document to City Attorney Luwe as quickly as possible. He announced that the Burkes are to be here during the Sweet Pea '93 festivities; and they are hoping to have some type of dedication ceremonies for this park on August 8. ( 15) Clerk of the Commission Sullivan submitted the following. (1) Reminded the Commissioners that two will be absent from next week's meeting. (2) Reviewed the three public hearings scheduled for next week's evening session. (16) Mayor Swanson stated he attended a ceremony for the anniversary of the Americans with Disabilities Act today, sponsored by the Montana Independent Living Project. He .stated that the City received two awards in recognition of outstanding contributions for access, one for the Library and one for the Senior Center. He stated that several other public buildings were also recognized for their efforts to provide accessibility for the disabled. The Mayor stated that Mrs. Shirley Sedivy gave a beautiful statement at the ceremony, noting he is impressed with her dedication to this effort. He forwarded his appreciation of the fact 07-26-93 - - .......----- .. - - . " - 27 - that the City was recognized for its efforts in this area, noting that includes providing accessibility to various structures, listing the City's ADA Coordinator on the agendas, and adding conditions to planning applications which require that disabled parking spaces be provided. (17) Commissioner Frost noted that at last week's meeting, Clerk of the Commission _Ullivan distributed copies of a letter which she had mailed to all property owners affected by the ommission's ordering in sidewalks. He requested that this item be placed on next week's agenda for further discussion, and possible consideration of extending the time for such installation to June or July. Adjournment - 8:25 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. . ATTEST: ~ 2~ ROBIN L. SULLIVAN Clerk of the Commission . 07-26-93 _._...u___ _ ___ _. .._._____ou__n_ . .. ...---....--..-----. -.". ---...---