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HomeMy WebLinkAbout1991-02-04 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 4 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 4, 1991, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Acting City Manager Brey, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Frost requested that the deviations from the sign code, as requested by Connell Toyota' be removed for discussion. Minutes January n and January 28 1991 it was moved by Commissioner Ooehrung secu ded.by Commissioner Frost, that the minutes of the regular meeting of January 27 be approved as submitted and that the min- utes of the regular meeting of January 28 1931 he approved as amended. The motion carried by the following vote: those voting Aye being Commissioner Goehrung Commission- er Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - highway h line along U.S. 91 corridor at UfoLi k Acting City Manager 8rmy reminded the Commission that a letter from the State of Montana Department of Highways' dated January 8 1e91 pertaining to the highway right- of-way along the V.S. 191 corridor was distributed and briefly discussed at |out week's meeting. He noted that discussion was deferred due to the fact that the City Attorney requested time to respond to questions raised. He then noted that Planning staff and rep- resentatives of LifeLink are also present for this discussion. Associate Planner Dave Skelton gave o brief update on this )tem. He reminded the Commission that in January 1990 the City entered into an agreement with Li#*Linh setting forth the schedule for improvements in conjunction with Phase [ of this development. He noted that paving of 75 off-street parking synoeo curbing and landscaping to meet the requirements for Phase /' which includes only the building which existed on the site when UfoUnk purchased it are among the issues addressed in that agreement. The Planner noted that the improvements agreement was revised from the original typo of improvements agreement, to o/|m° the applicant the time necessary to obtain approval from the Depart- ment of Health and Environmental Sciences for the sewer septic system. He then stated - 2 - that the issue of right-of-way for improvements to us 191/*unlne Lane has also entered into recent discussions; and the applicant is concerned that poteotiul additional right-of- way acquisition could negatively impact the master plan for the total project, which in- cludes four or five phases. Planner Skelton noted that the applicants have expressed concern about installing any improvements at this time without knowing exactly the additional' right-of-way re- qu/ramant because of its potential impact on the entire project. He them reminded the Commission that the applicants received Department of Health and Environmental Sciences approval of the septic tank and sub-surface drain fields in April 1e90 as proposed. He noted that the City has now received confirmation from the Department of Highways of the right-of-way acquisition of VV feet from the centerline; however, they have indicated that the centerline could possibly move one or two feet one way or the other. Associate Planner Skelton stated it is the staff's position that the applicant could be required to install the septic system as well as the required improvements for Phase |' which include paving of the on-site parking area, curbing and landscaping, to bring the site into compliance with the zone code. He noted that under the signed improvements agreement, the applicant has 120 construction days from receipt of approval from the DHES which was April 13 19 He cautioned the Commission that is the only issue be- fore them at this Umu not the conceptual master plan for the entire project. Planner Skelton then suggested that latitude could he exercised in enforcement of the improvements agreement, possibly a|/owing LifeLinx until October lnyx to complete the improvements for Phase |' because of the unique characteristics of the subject site. He further suggested that a financial guarantee should be required within thirty days of Com- mission action to begin the timeline for requiring installation of those improvements. City Attorney Becker stated this item is back on the agenda because of a question Commissioner Frost raised regarding the latest correspondence from the State Department of High"ays. He then noted that the triggering factor for installation of improvements was the State's approval of the sanitary sewer system; and that has been provided. He noted that the concern about the highway right-of-way acquisition has since been raised. Commissioner Frost noted that the January n ' 1991 letter from the Highway Depart- ment indicates that a survey crew will stake the line for the highway right-of-way, and Director of Public Service Forbes has indicated that as of January 25 those stakes have been placed. He suggested that should clearly set the line for the project; and the City should start the clock. Mr. Tom Anacker, attorney representing LifaLiok stated disagreement with the City's contention that they have received approval of the sanitary sewer plans from the Department of Health and Environmental Sciences and that' therefore, the time clock 0z-ou-o1 - 3 - should begin. He noted that the onsS approval of April 1 1990 was based on the plans as submitted with no changes being accepted; and the questions about highway right-of- way acquisition place those plans in a state of flux. Hr stated that the LihaLink position has been communicated to the Planning sua[T, Mr' Anacker stated that Mr. Michael Garrity another attorney in the firm, talked with Mr. Ray Grant Department of High- ways, this morning; and be raised the possibility of requiring additional right-of-way if the utility companies determine they are unable to install their utilities within the um-fvo�t right-of-way. Mr. Anacker stated, therefore, this wnoN result in expansion of the right- of-way required; and the centerline has not yet been firmly established. Mr. Anacker then acknowledged that stakes have been driven along the highway frontage to depict where the right-of-way will be; how*ver, it is the second sat of stakes currently on the site. He noted that the acquisition of the right-of-way was to begin in January or February; however, that has now been delayed to April. Mr. Tom Anacker stated his office was notified about o'ao a.m. today of this agen- da item; and he was not advised of the staff proposal until this meeting. He indicated that this proposal must be forwarded to the headquarters in Jackson, Wyoming, for re- sponse. Responding to Commissioner Frost, Mr. Anacker stated that even though the De- partment of Health and Environmental Sciences has approved the sanitary sewer plan as submitted, there is a possibility that the plan will be redone because of the highway right-of-way acquisition; then approval of that new plan must be sought. Further responding to Commissioner Frost Mr. Anacker stated his client did not discover the proposed highway right-of-way "taking" until January /yno noting that until then, UfnLink was under the impression that its existing boundary line would remain as it was. He noted that with the fact that the proposed right-of-way has undergone four changes since that time his client is hesitant to proceed with: any imp,rovements until fi- nalization of that right-of-way has taken place. Commissioner Frost questioned Lin:l-ink's position, noting that at some point they must accept the Highway Department's information as accurate. Mr' Anacker responded that LifeL[nk is wA|ing to accept the right-of-way line which is established by acquisition of the additional right-of-way; and that process is presently scheduled to begin in April 1991. He indicated that until that time the plans could be subject to revision. Mr. Anacker then stated that the access points to the subject site will be changed with the new roadway construction. He indicated that the outside edges of the two ap- proaches will be tan ruct from the property lines; and those approaches will be 40 feet wide. He then noted that the relocation of those approaches, and their incline, could - 4 - create a need for redesigning the master plan for the site. He noted that LiurLink pro- poses to develop the site fully; and any revision in access and right-of-way could dramat- ically impact all facets of that development, including the location of buildings, parking areas and sanitary sewer drainfie/ds. Responding to Commissioner Swanson Mr. Anacker stated that the stakes just in- stalled by the Department of Highways are parallel to the existing property line, and a slight distance inside the existing boundary, Mr. Dave Robinson, Vice President of Operations for Uf*Link international, stated that the location of the stakes denoting the right-of-way line have been changed four times. He then stated that LircLimk is developing a strategic plan for the next rive years; and ho* this subject parcel is developed is a very important part of that plan. He stated that LifvLink is presently renting four buildings in the Bozeman area in which to conduct business; and being s* spread out is not efficient. He stated it is their desire to consoli- date all of those operations on this subject site as quickly as possible; however, he noted that until the right-of-way line is firmly set it is difficult to revise the site plans as nec- essary and 000k new Department of Health and Environmental Science approval. Mr. Robinson noted that the site is approximately twenty feet below the grade of the highway at the present time. He noted that the site must be carefully developed to allow tractor/ trailers to maneuver; and that could require relocation of buildings, depend- ing on the length and grade of the approaches. Commissioner Cnehrung noted that during the public hearings and discussion on the original application to allow LifeLink to develop the subject site, the need for upgrading the septic system was raised. Mr. Robinson stated that the septic system was changed before LifrUnx began its operations on that site. He noted, however that the system must still be upgraded before any additional development of the site may occur. He then stated that those improvements include installation of new dra|mfio|d and a rep|acementdrainr|o[d. Responding to Commissioner Gvehruog, Mr. Jerry Gaston, engineer for the project, stated that drainfie|ds can he located on approximately one-half of the site because of the high water table. Mr. Robinson noted that after they submitted their plan to the Department of Health and Environmental Sciences, they were required to monitor the water levels on the site for a period of one year. He noted that year of monitoring had just been completed when the highway right-of-way issue rose. Responding to Commissioner Knapp, Mr. Robinson indicated the °x/sting property line is approximately 05 feet from the existing centerline of the highway. Commissioner Knapp noted that with the right-of-way issue as yet unresolved and - s - thm apparent need to seek approval for a revised sanitary sewer system, it would he diffi- cult to complete installation of that new system yet this year; Mr. Robinson concurred. Commissioner Knapp then asked Mr. Robinson if he had considered developing a site plan based on a worst case scenario. Mr. Robinson responded he considered that only fleetingly, since it is important that the site be as fully developed as possible to ensure maximum efficiency for the company, Commissioner Onehrumg expressed his frustration over discussion of this agenda item noting he feels it has been expanded well beyond the parameters as *qt forth by Planner Skelton, and it is not being productive. He then suggested that LifeLiok be giv- en an opportunity to review the staff proposal, since they did not receive it prior to this meeting; and that the Commission proceed with the remainder of its agenda at this time. Mayor Hawks requested this item be placed on a future agenda for further dis- cussion. Deviations to the sign code regulations to allow a fourth freestanding i hi b exceeds allowable size and an additional fascia sign, exceeding allowable square footage; per DRB recom enclation with conditions - Connell Toyota, 1735 West Main Street The Acting City Manager reminded the Commission that Commissioner Frost had re- quested this item be removed from the Consent Items. He then distributed to the Commis- sioners copies of that section of the October 15 meeting minutes pertaining to their dis- cussion on design objectives for the West Main corridor. Assistant Planner Debbie ArkeU reviewed the memo dated January zr 1991 which h,ad been submitted to the Commission for their consideration. She stated that the epp|l- cant is requesting deviations to allow two new signs for the automobile dealership located at 1735 West Mein Street. She stated that the dealership has carried the Chevrolet, Buick and Gum lines and has just recently added the Toyota line of vehicles. The Planner stated that one of the proposed signs would be a freestanding Toyota sign which would be the uOmweb|e 13.5-fnot height, given the difference in elevation br- m,00n the display areas and the roadway. She n^tod, however, that the size of the sign is 77 square feet rather than the allowable B square feet under the code. She stated the second sign to be installed under this application is a facade sign on the now addition to the building, which would be oS square feet in size; and this would be in addition to the existing 65 square feet of signing on the north fascia of the original building, The Planner then noted that a maximum of zso square fuoc of signago is the maxi- mum allowed for any property; and under this application, this site would have an aggre- gate total of 397 square feet of signagv. Planner 8rka(| them summarized the three deviations that would be required for ap- proval of this application, as follows: -5- l. Exceed the allowable square foot area of a freestanding sign by 24 square feet; 2. Allow a fourth freestanding sign an the property since /hana are currently three freestanding signs on the Main Street frontage. Be- cause the property fronts on two streets, West Main Street and North 19th Avenue, one freestanding sign for each street is allowable, how- ever, in this instance all freestanding signs would be located on the Main Street frontage, 3. Exceed the a|hwah|o area of all signs on the property by 147 square De- sign Review Board noted the 407-foot frontage this property has along West Main Street, as well as the fact that the building is set back 40 feet from the roadway. She also noted that two signs totaling 192 square feat have recently been removed from the site. She stated the Board further recognized that the Chevrolet/Buick and the Goo signs exceed the height allowed; however, they noted that since these signs are owned by the respec- tive companies, special provision must be made for lowering rather than requiring that they be towered immediately as m part of the conditions for approval of this application. Planner Arkell stated that Mr. Connell's representative has informed staff and the DRB that a site plan for the entire site is currently being prepared, which includes the recent additions to th,e main structure as well as the body shop structure. She noted that a used car building off North 19th Avenue is to be proposed, with access to be gained from that roadway. She noted that the DRB has recommended that the site plan for the entire site be required as a condition for approval of this application, so that a piecemeal approach is not being used when reviewing this sit*. She stated the Board also recog- nized the tact that the sign cod= is currently being reviewed and revised; and it is possi- ble that under those revisions this application would be allowable. The Planner then reviewed the conditions recommended by the Design Review Board for approval of this application, as follows: 1. That a complete site p/an for the entire property, including but not limited to landscaping, parking sch��tTcs and drainago, be submitted for Minor Site Plan Review and approved within nine months from the date one or both or the new signs ar" installed; z. That the two existing signs which exceed the height limitation be lowered to the allowable height within nine months from the date one or both of the new signs are installed and, if they are lowered, that the existing area of the signs could remain; and a. That if either of the above conditions are not mot =/tuio the pre- scribed time period the new Toyota signs must be removed at the expense of Mr. Connell. Responding to Mayor Hawks, Planner Arkell stated that to date, staff has reviewed the sign permits back to 1984, but has found no permit for the existing signs on the site. Responding to Commissioner Swanson, the Planner indicated that directory signs are included when determining the total square footage of signage on a parcel. 02-84-91 - r - Responding to another question from Commissioner Swanson, Mr, Jerry Gaston in- dicated the frontage along North 79ch Avenue is approximately 270 feet. Mr. Jerry Gaston, consulting ungimeer representing the applicant, indicated that the applicant may request a low free-standing sign along the North 19th Avenue frontage in the future. Commissioner Frost expressed concern about approving the installation of the pro- posed Tnynta signs at this time with the hope that something will be done with the other signs within nine months, and asked why those items could not be addressed simultaneous- ly. Mr. Gaston noted that the nine-month period was negotiated with the Design Review Board and could probably be revised if the Commission ,o dcurm]mud, Be stated that since the signs are owned by the respective companies rather than by Mr. cvoneV he most first seek their approval for lowering of those s|y^o. He than cautioned the Commis- sion that when determining the amount of time allowed, weather for pouring of concrete must be taken into consideration. He indicated that Mr, Pat Connell feels that lowering of the two existing signs is appropriate, and is willing to work with the companies to do so. Commissioner Frost noted that multiple lines carried by this dealership make it on auto plaza. He then indicated support for a directory sign for this business, as opposed to freestanding signs for every franchise carried. He also expressed his discomfort with approving this application without having a [o|| site plan available for review. Commissioner Swanson expressed his concern about this application as well. Be noted the Commission is looking at a proposal for a freestanding sign which is sn percent larger than allowed; the total square footage is 60 percent greater than allowed; and the application provides for a fourth freestanding sign along one street frontage, with the def- inite possibility that m fifth freestanding sign fronting along another roadway will be sought in the near cuture, He further noted that this application is forwarded without a plan for review; and that plan is mot to be anticipated for several months. The Commis- sioner stated he does not see m compelling reason to a|/ow four or five freestanding signs on one site, particularly since it is the City's goal to gain an uncluttered look in its entryways. He then asked if each of the manufacturing companies requires a separate freestanding sign for their dealerships. Mr. Gaston responded that each company wants its own sign. He then noted that in essence, three separate businesses are operating undar this one automobile dealership; and if they were split vvt, three signs totalling 400 to Soo square feet would be allowed under the code for this property. Mayor Hawks stated he is not interested in redesigning this proposal in Commission meeting; however, be noted that legitimate questions and concerns should be registered. o%-o4-o7 - V - He then suggested that possibly a legal agreement addressing the existing si3oage could help to alleviate some of the Commissioners' concerns. He also asked if the Design Review Board's recommendation is generally acceptable to the Commissioners or if it is totally un- acceptable. Commissioner Frost and Commissioner Swanson expressed their discomfort with the DR@ recommendation. Commissioner Knapp expressed concern that *h||m the DRg addressed the size of the fourth freestanding sign' they d|6 not address exceeding the total square footage of aigmmgv on the property in their recommended conditions. Mayor Hawks noted that the Commission has an applicant who is faced with on imme- diate need to install a sign; however, his long-term plan has not yet been developed. He then asked what type or safeguards could be utilized in approval of this application to en- sure that the long-term plan is provided. He then suggested that the decision on this item nvu|u be deferred for a period of one wavh to allow the staff an opportunity to re- spond, Commissioner Swanson stated that there are presently fifteen signs at the corner of West Main Street and North 19th Avenue. He indicated he does not feel that is the intent of the master plan, particularly in an entryway corridor. Acting City Manager Brcy reminded the Commissioners that o specific model ap- proach has been agreed upon for the revised sign code. He also noted that model does allow for multiple freestanding signs, based upon a specified frontage; however, that pro- vision has not yet been finalized. Planning Director Epple stated that the Planning staff has been working with Mr. Pat Connell since last summer; and the office received a couple wary rough draft site plans hefuno Mr' Gastnn's firm became inv"|vod. He then suggested that the Commission needs to see a comprehensive site plan before they can rationally evaluate the o|gnage issue. He noted that Mr. Connell is aware of that need; and he also recognizes that the comprehen- sive site plan is several months from completion. Responding to Mayor Hawks the Acting City Manager stated that a strict agreement would be an option for approval of this application, if the Commission so chooses. Mr. Gaston stated that mmnt of the items which have been discussed here were also discussed at the DRe meeting. He then stated it is important that the applicant be al- lowed to erect the Toyota sign as soon as possible, since he currently sells those vehicles without the needed identification. He indicated that the time frame for submittal of the site plan and lowering of the signs could probably be shortened without any problem. The Commissioners briefly reiterated their positions and concerns, for staff consid- eration during the upcoming week. oz-o+g1 - s - Mayor Hawks requested this itern be placed on next week's agenda for further dis- cusamn- Continumj discussion alternatives for addressing illegal and non-conformi Acting City Manager Brey submitted to the Commission a memo from Zone Code En- forcement QMiu*r Kyle Harlan, dated January 31 1991, addressing the five specific issues as ouTNned by Commissioner Swanson. Zone Code Enforcement Officer Mor|an indicated he oco|s the memo is self-explana- tory; however, he is available to respond to questions. Commissioner Swanson noted that in the memo Mr. Harlan has suggested that one company with a tire storage area cannot be singled out for enforcement, rather all such companies should receive the same notice at the same time. He then questioned that con- cept, and why a business c,vmpt be singled nut. Zone Code Enforcement Officer Harlan stated that to single out one business can result in implications that the City is "picking on" that particular businoas. Be noted that an alternative to blanket enforcement on a specific type of business would be to establish a grid of the community, with a prioritization of the areas in which enforcement is to be strenuously pursued. He noted that under that option, if someone complains, he can re- spond appropriately, assuring that individual that the enforcement process is moving for- ward in an orderly manner; and all similar businesses will be required to conform, Commissioner Swenson noted that he had raised this issue when cleaning up of an entryway corridor was being discussed. He then asked Mr. Harlan if be would be willing to proceed with enforcement on that basis recognizing that others would follow. Officer Kyle Harlan responded that as |uog as there is n plan to proceed throughout the community in some type of timely chronological manner he would be comfortable with the process, Commissioner Frost stated surprise at learning from the memo that some pi/ms of de- bris are considered legal. The Commissioner then suggested that if someone is riot in com- pliance and' the enforcement procedure has been utilized once, the process should be able to start in the middle rather than at the beginning again. Zone Code Enforcement Officer Harlan concurred, noting that the enforcement pro- cedure which by plans to propose will allow for that. Acting City Manager Brcy noted that the issue of snowballing, as suggested in the memo is e real one. He noted that if one specific business or issue is addressed, it is very likely that several other similar situations will be brought to the City's attention within a very short period of time. He stated that this can assist in identifying violations but can also undermine a systematic approach, depending on the priorities established. m-oo-y1 -1o_ Commissioner Frost suggested the possibility of prioritizing the entryway corridors first then the remainder of the community. He noted that might be a viable option; and it would address one of the concerns which many of the Commissioners share. Planning Director Epple stated support for a systematic approach to the zone code enforcement, noting that many of the problems to be addressed do exist in the entryways. He then indicated that staff will attempt to be back in two weeks with a policy for zone code enforcement for Commission consideration. Mrs. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, ex- tra effort. Discussion - ramifications of census count as finalized Acting City Manager Brey reminded the Commission that Mayor Hawks had requested th,is item be placed on the agenda. morn- ing revealed that he has been in contact with the 5uett|o office for the census. He noted it appears there is no further recourse for the City through the Seattle office; however, it may he possible to pursue the issue to the next higher lv,e|. He stated the City Manager has requested that further discussion on this item be delayed for one or two weeks, until he has had an opportunity to more carefully analyze the available data and prepare a rec- ommendation for Commission consideration. Discussion, possible transfer f properties between City and School District No. 7 The Acting City Manager submitted to the Commission a proposed timeline For possi- ble transfer of properties between the City and School District No. 7. City Attorney Becker reviewed the properties under consideration, the City's being the parkland in Valley Unit Subdivision, which is legally described as Tract Z of Valley Unit Plat, Certificate of Survey No. JnzA. This site is more commonly located south of West Babcock Street and west of Fowler Lana extended. The School District No. 7 parcel is commonly referred to as "Christie Fields" and is generally bounded by South Rouse Av- enue, Mason Street and South Black Avenue. be- tween governmental entities; and staff would propose that provision be utilized if the Com- mission determines that this land transfer would be appropriate. He noted that under this option the City would acquire Christie Fields, which is used extensively for baseball in the summer, in exchange for the undeveloped parkland in Valley Unit Subdivision, which abuts the undeveloped yo»oo| site. - 11 - City Attorney Becker noted several items must be taken into consideration, such as the fact that special assessments are outstanding against Christie Fields, while there any none, or possibly a small outstanding balance, on the Valley Unit parcel. The City Attorney then highlighted the process which must be followed to complete such a /and transfer. He noted that a public hearing is not required; however, he has proposed that such a public hea ring/ discussion be held to allow for comment from the com- munity. Responding to Mayor Hawks, the City Attorney requested that the Commission incli- cate its conceptual approval of this proposed land trade. Following a brief discussion, Mayor Hawks asked if any Commissioner is oppo to initiating the proposed land trade; no Commissioner expressed opposition. Appointments B fA djustment Appointment to Board of Appeals Appointment to CDBG Loan Review Committee It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission appoint Monte Cooper to replace Janes E Banks and Betty Hargrove to replace Riney Bcnocu on the Board of Adjustment with three-year terms to expire on December 31 1893; reappoint Bill Roller to the Board of Appeals, with a three-year term to expire on December 31 1993/ and appoint Richard C. N*{|on to replace Wayne Jennings on the Community Development Block Grant Loan Review Committee, with a term to expire on June »o 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Swanson Commissioner Knapp' Commissioner Ooehrung and Mayor Hawks; those voting Nn none. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your In- formation" items. (1) Recommendation from the Pedestrian/ Traffic Safety Committee in response to the January 1991 draft of the sidewalk program schedule. Mayor Hawks requested this item be placed on next week's agenda for discussion and possible revision of the schedule prior to public hearing. (2) Memo from the Assistant Chief of Police to the City Manager, dated January 31, 1991, listing the department's goats for 1990 and whether they were met. Commissioner Frost stated appreciation for the memo, noting it would be helpful to have the other departments undertake a similar program. (3) Copy of a letter to Waste Management from City Attorney Becker, dated Jan- uary 28, 1991, indicating the City's intent to begin collecting garbage at 219 North 19th 07-o4-o1 - /z - Avemuu effective March «' 7991. (4) Copy of a letter to Waste Management from City Attorney Becker, doted Jan- uary a1 1e91. indicating the City's intent to begin collecting garbage on Fairway Drive, effective, April s ' 1991. (5) Copy of the form |numr being sent to residents notifying them of sidewalk hazards and giving them wnd| July 15 1991 to repair or replace those portions of the sidewalk. (6) Letter from Assistant Qty Engineer Brawpar to Bill Rose, Facilities Services Director at M8U dated January zs 1991 setting forth the procedure for vacation of a street, (7) Agenda and packet for City-County Planning Board meeting to be held on Tuesuay. February s ' 1991 in the Commission Room. (8) Copy of the complaint filed by Mary Francesca Pa/ffy against the City con- cerning assessments for snow removal, BLD No. 479 Sprinkling District No. 6 and the true maintenance district. (y) The Acting City Manager submitted his weekly report, an follows. (I) The City Manager is on sick ksvo today, and he has been called for jury duty tomorrow. (2) The deadline for submittal of land use development guidelines for the B0U"m Auto Plaza has pnssed. A partial submittal was made prior to the deadline; and staff granted an ex- tension for the remainder of the material. That deadline has now passed with no, additional material being submitted. (3] The Gallatin Valley Land Trust is sponsoring a visit from Mr. Randall Arendt, author of the Connecticut River Valley study which served as the basis for many of the concepts in the 1990 update of the Bozeman Area Master Plan on April 4-6 1991. He indicated that in addition to a community-wide presentation on Thurs- day evening, Mr. Arendt is scheduled to meet informally with several small groups, includ- ing the City Commission, He then asked the Commissioners to select a time; and they chose 3:30 p.m. to s,on p.m. on Friday April s. (10) City Attorney Becker reminded the Commissioners or the lawsuit which the City has filed against the Attorney General and Gallatin County in Lewis and Clark District Court, He noted that the Attorney General filed e motion to dismiss; and Gallatin County filed a motion for change of venue. He noted that the Lewis and Clark District Court has ruled against both of those motions; and the comp|aintants now have twenty days to file responses. The City Attorney cautioned the Commissioners that this action is not boned on the merits of the lawsuit filed. Acting City Manager Brey stated that two bills pertaining to subdivision regulation have been submitted for drafting and will appear before the legislature during this ses- sion. He suggested that those bills could have some impact on the manner in which these o2-no-e1 _13- issues are addressed. (11) Commissioner Swanson submitted the following. (1) Indicated he had planned to attend the economic outlook presentation on Wednesday, but is now unable to do so. (2) Noted the Commissioners have received' letters of iuv[mhvn to meet with the candidates for President of Montana State University at specified times over the next two weeks. He suggested that at least one Commissioner should be present at the meetings with each can- didate. (3) Requested a report from staff concerning neighborhood parking districts. He noted that a number or discussions have been held on this issue; and staff is looking at many of the problems inherent with such a program. He then suggested that information from Missoula could be beneficial in considering implementation or this type of program. (12) Commissioner Knapp stated she plans to attend the economic outlook seminar on Wednesday, and will bring back information from that session. let- ter from the Planning staff to J.C. Billion, dated December 27 1e90 regarding his zoning violation along North 20th Avenue, as welt as park/n3 of vehicles within the public rights-o�f-way along west Main Street and North 19th Avenue. He noted the deadline for compliance has passed; and no action has been taken to correct those infractions. (z) Stated his regrets for being onmh|, to attend the meeting with members of the round tab/e the City-County Planning Board and the Design Review Board on Thursday evening. (14) Mayor Hawks submitted the following, (1) Announced the TCC meeting scheduled for 10:00 a.m. on Wednesday. (u) Asked which Commissioner can cover the Planning Board meeting tomorrow night, since Commissioner Frost has a conflict. Commis- sioner Knapp indicated her willingness to attend. (s) Asked that setting of dates to meet with the remainder of the advisory boards be placed on next week's agenda for discussion, Consent Items The Acting City Manager presented to the Commission the following Consent Items, Proclamation - "Women's Sports Day" - February 7, 1991 Award bid - loader/backhoe for Water Department - Kamp Implement, r/,'~- It was moved by Commissioner Swanson, seconded by Commissioner Knapp, 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 8v* being Commissioner Swanson, Commissioner Knapp' Commission- er Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. 02-04-91 - lu - Rocuas 5:40 Mayor Hawks declared a recess an s/vu p.m.' to reconvene at 7:00 p.m. for the purpose or conducting the scheduled public hearing. Reconvene 7:00 Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Public hearing Commission Resolution No. 2822 intent tn annex u 5n9 tract located in NEk, Section 1, T2S, R5E, MPM (bounded in part by North 7th Avenue on the west, Baxter Road extended on the north and West Oak Street on the south) This was the time and the place set for the public hearing on Commission Reyv|otkm No. zVzz as reviewed by the city Attorney, entitled: CoMM|ss|0w RESOLUTION N0. zozz 4 RESOLUTION OF THE CITY COMMISSION OF THE CITY OFg0ZEMAN MON- TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF 8OZEMAN THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAM AND HEREIN MORE PAR- TICULARLY DESCRIBED, T0 EXTEND THE BOUNDARIES OF SAID CITY OF BOZEM8N SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Hawks opened the public hearing. Assistant Planner Kevin Wall highlighted the staff report, which was originally sub- mitted to the Commission on December 31 lyoo. He noted that the subject 6.569-acre tract is located along the east side or North 7th Avenue, extending generally from West Oak Street to Baxter Road extended, The site is currently vacant. He then reminded the Commission of the conditions which they had included in their motion to continue through the annexation process at the December 37 meeting. He noted that those condition, will be addressed through the annexation agreement, which is the next step in the process if the Commission decides to continue. The Assistant Planner then noted that Director of Public Service Forbes has pre- pared e memo' dated February o ' 1991 regarding the Oak Street alignment from North 7th *venue to North Rouse Avenue. He highlighted that memo, noting that the Director has recommended that a so-foot right-of-way, north from the mid-section line, be dedicated through the Westlake/ Marzin*n property. He stated that the Director has further recom- mended that no easement or dedication be sought along the east end of the alignment at the present time since no agreeable alignment is readily apparent. Assistant Planner Wall stated that under the Director of Public Service's recommen- dations the applicant would be required to provide a 5-foot strip of right-of-way across the entire parcel, since a vs-foot easement already exists for that roadway. He noted that this will provide one-ha|f of the 100-fnot right-of-way required for the engineering stan- oz-un-v) - ls - clandn for this rwadway. Responding to the applicant, Mr. Gene Cook, Acting City Manager Broy stated that the existing 45-foot easement lies north of the section line, which also serves as the prop- erty fine. He then noted that the right-or-way is to ultimately he 100 feet wide; and the additional 50-fa*t will be acquired from the property to the south of the section line. Mr. Cook then questioned the condition which wom|d require participation in the costs of installation of a traffic signal through a special improvement district. He stated that conversations with the Highway Department reveal that installation of a traffic signal is to be a part of the North 19th Avenue/West Oak Street project. Acting City Manager 8rey stated the City recognizes that the traffic signal is cur- rently scheduled as a part of that project' He mntod however, that as the Federal Aid Urban monies decrease and as the possibility of increased costs of constructing those road- ways exists, there is a probability that some or the items may be uc|cteu. He noted, therefore, that even though it is anticipated the traffic signal will be installed as a part of that project, the possibility of a special improvement district is anticipated as a secondary safeguard. He further assured Mr. Cook that if a special improvement district is required for installation of that traffic signal, a traffic count wilt be conducted; and the pro rata share of costs will' be based on that count. He also noted that the waiver of protest for the creation of that S{0 applies only to the creation of the district; and the applicant still retains the right to protest the method of ey,cssment. No one was present to speak in opposition to the requested annexation. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp seconded by Commissioner Gnohrvng' 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 Knapp' Commissioner Gnohrung Commissioner Frost, Commissioner Swanson and Mayor 8awhs; those voting No, none. Mayor Hawks asked if the applicant is willing to accept the conditions as stated. Mr. Cook stated that as part landowner with an option to purchase a part of this requested annexation, he has no problem. He then stated he cannot speak for Mr. Westlake and Ms. Martinun; however, telephone conversations with those parties reveal they would probably not oppose anything to which he agrees, It was moved by Commissioner UouhrunQ' seconded by Commissioner Frost, that the Commission authorize and direct staff to proceed with the necessary steps to complete the annexation process, including preparation of the annexation agreement. The motion car- ried by the following Aye and No vote: those voting Are being Commissioner Gnehrung' Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks/ those -10- voting No, none. Adjournment - 7:17 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost seconded by Commissioner Swanson, that the meeting be ad- journed. The mot/on carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Swanson, Commissioner Knapp' Commissioner �G^ohrmng and Mayor Hawks; those voting Nn none.