Loading...
HomeMy WebLinkAbout1988-02-22 82 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 22, 1988 ************************ Orientation Session - 1 :00 p.m. Water Treatment Plant Superintendent Dean Elliott, submitted to the Commission an outline of the activities within his division. He noted the primary function of the water treatment plant I is to provide the consumer with safe drinking water; and the main function of the plant operator is to efficiently treat the raw water so the effluent is of a quality that can match the standards imposed by the Environmental Protection Agency. He noted that while the plant operator is moni- toring the water produced by the plant, he must also maintain the equipment utilized. Mr. Elliott indicated that the plant can produce 10 million gallons of treated water per day, noting that direct filtration is utilized. He indicated that 90 percent of the time, the quality of the raw water is good enough that direct filtration brings it to standards. The Water Treatment Plant Superintendent stated that the c1earwell wi II hold 630,000 of treated water. He indicated the c1earwell is located below the plant and is used to ensure that no air gets into the pipeline system as well as for backwashing the filters. He noted the lines between the plant and the first service in town will hold 783,000 gallons; and the City has a 4-million-gallon reservoir and a 2-million-gallon reservoir. He stated the plant operates 24 hours a day for six months and 16 hours a day for the remaining six months. He noted that the 24- hour days are during the summer to produce sufficient water and during the winter to keep the creek from icing quite so badly. He noted the plant is operated on 16-hour days during the spring and fall. Water Plant Superintendent Elliott stated that the plant has one superintendent, three full-time operators and two part-time operators. He noted the full-time operators and super- intendent must be certified by the State. Mr. Ell iott then reviewed the duties of the plant operators. He noted that in the past the plant has not been able to meet the customers' demands, especially in August; and expansion I of the plant would help to address that problem. He also noted that the construction of a pre- sedimentation basin would help; and it would also eliminate the 24-hour shift during the winter. He encouraged the raising of Hyalite Dam, noting that the additional water would be available for future use. The Water Plant Superintendent then reviewed the list of capital improvement items that have been requested. He noted that many of the items will help to run the plant more effici- ently and effectively; and they may lead toward running an automated plant for periods rather than requiring a man on shift at all times of operation. Commissioner Martel asked if the one-ton pickup with tailgate lift is to be used for moving chemicals. He then suggested that a forklift might be better for this type of use. Water Plant Superintendent Elliott stated that the pickup is to be used to move chemicals. He noted that they currently purchase about a year's supply of chemicals, storing them on the opposite side of the building from where they are to be used. He noted that a forklift is rented about twice a year to move the chemicals; and the rest of the time they are moved manually. He indicated that to have a forklift would be convenient; but he recognizes the budgetary con- straints; and a pickup with tailgate lift can be utilized as the facility currently exists. Mr. Elliott noted that another capital improvement item is the construction of a chemical storage area located immediately adjacent to where they are introduced into the system; and that item will be necessary at the time the new bank of filters is installed. Commissioner Vant Hull noted that chlorine in the form in which it is used at the plant is extremely toxic and asked if the plant can adequately address that potential problem. I The Water Plant Superintendent stated that the plant has self-contained breathing appa- ratus; and all of the plant operators are trained to use it. He indicated that the plant operators are trained on a monthly basis, including driving to the neighbor's with the breathing apparatus on. He noted that the first thing an operator is to do if a major leak occurs is to leave the premises and notify the neighbors. Commissioner Vant Hull noted that when the plant was being constructed, Mr. Bob Sanks from Montana State University maintained that a model plant should be constructed as well. She 02-22-88 83 then asked if a model plant would still be beneficial in the operation of the plant. Water Plant Superintendent Elliott stated that the operators run pilot studies on a full plant scale. He then indicated that if such studies don't provide the ability to recover rapidly, they use a small pilot plant that they have built themselves. He stated they hope to construct a miniature of the existing plant to use; however, the costs will be minimal since they will do the work themselves. I Commissioner Martel asked how often the operators are recertified. Mr. Elliott stated that operators must have ten hours of classroom education every two years. Commissioner Martel asked about the turbidity rate at the plant. The Water Plant Superintendent stated the plant is designed to handle 5 turbidity units; and the State requires an effluent quality of 1 turbidity unit. He noted that the effluent usu- ally runs about .5 turbidity units, which will be the State requirement shortly. He indicated that for short periods of time during run-off or after a summer shower, the turbidity coming in- to the plant can be as high as 200 turbidity units. He noted that creates no problems as long as there is not a strong demand on the plant. He indicated that when the plant is running at capacity, it is difficult to adequately treat water with more than 5 turbidity units and keep up with the demand. Commissioner Hawks noted the presedimentation basin would help address the turbidity problem. Water Plant Superintendent Elliott stated concurrence. He noted that not all of the tur- bidity will settle out; but if half of it does, the plant would be able to handle 10 turbidity units rather than 5 units with the presedimentation basin. City Manager Wysocki reminded the Commission of last week's discussion on whether to expand the plant capacity or construct the presedimentation basin first. He noted that Dean Elliott has suggested that expansion of the plant, which will provide more water to sell and thus more revenue, be completed first. I Director of Public Service Holmes noted that when the plant is expanded to 15 million gal- lons, the next step will be to upsize the line between Middle Creek and the plant. The City Manager stated that the location of chemical storage at the present time, in re- lation to where the chemicals are introduced to the water supply, is much less than ideal, es- pecially when considering the employees' safety. He indicated that a new chemical storage fa- cility will definitely be needed when the plant is expanded; and that facility should be located close to where the chemicals enter the water supply. The Commission thanked Mr. Elliott for his presentation. City Court Clerk Myrna Orton presented a report on the activities in City Court. She noted that last year the Court processed 16,903 tickets, or an average of 1,409 tickets per month. She noted this includes parking tickets, moving violations and criminal complaints. She then indicated the average revenue over the past three years has been $270,000 per year. Court Clerk Orton stated that an average of fifteen to twenty people appear in Court on each of the three appearance days; about one-fourth to one-third of those receiving tickets pay at the Court office; and the remainder pay through the mail. She noted that if an individual receives three or more parking tickets and does not pay them, a summons is issued; and if there is no response, a warrant is issued. The Court Clerk stated that she picks up the tickets from the Police Department every morning; and they are entered into the computer on a daily basis. She noted that the parking tickets are filed by license plate number; and at the end of each month, a second notice is sent to the registered owner of the vehicle. She indicated that the tickets are retained on file until I they are six months old, after which they are dismissed due to the statute of limitations. She stated it is not economically feasible to pursue collection of the parking violations unless three or more are involved. City Manager Wysocki asked what types of offenses are required to appear before the City Judge. Court Clerk Myrna Orton stated that any charge carrying a mandatory jail sentence, such as DU I IS, and criminal acts are required to appear. She noted that out-of-towners cited on theft charges are allowed to forfeit a bond so they may leave the area; but all others are re- quired to appear. 02-22-88 84 Commissioner Martel asked if any charges on MSU students are transferred to the MSU Business Office. Court Clerk Orton stated that the MSU Business Office does not want to deal with the City's tickets. She noted that if parking tickets are involved, the second notice is sent to the registered owner, which is usually the parents; but if a warrant is issued, it is served on the student. Mayor Stiff noted that some out-of-town vehicles have parked in the restricted area for I the Swim Center recently while attending high school athletic activities; and they have been ticketed. The Court Clerk reviewed the process for protesting a parking ticket, noting that the individual must complete a recital form and post a bond. The officer that wrote the ticket is then asked to submit a written statement; and the Judge then reads both statements and renders his decision. She noted that through this process, if the police officer is aware of the cir- cumstances, he may wish to enter a motion to dismiss the ticket. She then indicated that the Court sometimes receives protests from out-of-town visitors; but they are minimal. Commissioner Vant Hull asked how many tickets are dismissed, noting particular concern about dog tickets. Court Clerk Myrna Orton stated she doesn't know the actual number that were dismissed, however, very few were. She then indicated she does not know what type of policy the new City Judge will follow. The Court Clerk then reviewed the process followed on "moving" violations and criminal complaints after they have been entered into the computer. She noted that each ticket contains an appearance date, set by the officer writing the citation. She indicated that after the tickets are entered into the computer, one copy is filed in alphabetical order; and the remaining copies are filed by court appearance date. At the time they are paid, all copies of the ticket are pulled and the action noted. She noted that the City Judge establishes a bond schedule; and that schedule is used in establishing the bond to be paid for the offense. Court Clerk Orton stated that copies of all traffic violations are forwarded to the State I after disposition on a weekly basis, except for DU II s which are done on a dai Iy basis. Commissioner Vant Hull asked how many jury trials are held. The Court Clerk indicated that she sets an average of eight jury trials each month; and an average of two are held. She noted they run an average of six or seven hours. Commissioner Martel asked who pays the costs of a jury trial. The Court Clerk indicated that the defendant is usually assessed court costs if he is found guilty; and those usually run $275 to $300. She noted that a majority of those going to trial are DU lis; and most of those are found guilty. Court Clerk Myrna Orton then stated that in some instances, the Judge imposes a sen- tence that includes community service, which is figured at a rate of $3.50 per hour. She noted that not many groups are willing to cooperate in this process, overseeing those who have re- ceived this type of fine. Commissioner Vant Hull noted that the State law has now been changed to require that cities pay the costs of incarceration, even for state offenses. She then asked if that is re- flected under this operation's budget. City Manager Wysocki indicated that the City will be required to pay incarceration costs beginning July 1, 1988; therefore, it has no impact on this year's bUdget. Commissioner Vant Hull then asked about the monthly reports that the Commission re- ceived, noting that she has missed them over the past few years. The Court Clerk indicated that the computer program for the monthly report has not yet been perfected. I The Commission thanked Mrs. Orton for her presentation. Roll Call, Pledge of Allegiance and Moment of Silence The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 22, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. 02-22-88 85 Minutes Action on the minutes of the regular meeting of February 16, 1988 was deferred since the minutes have not yet been completed. Open bids - oi I distributor for Street Department (C I P) This was the time and place set for opening of bids for the purchase of an oi I distributor I for the Street Department. The City Manager reminded the Commissioners that this item is in- cluded in the Capital Improvement Program. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. The following bids were opened and read aloud: Without Trade With Trade Gross Less Trade In Net Bid Nor-Mont Equipment Co. Black Eagle, MT No Bid No Bid Western Plains Machinery Co. Billings, Montana $21,570. $21,570. $ 500. $21,070. Tri-State Equipment, Inc. Billings, Montana $23,020. No Bid It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. I Presentation re municipal/foreign policy - Louise Bowman City Manager Wysocki reminded the Commission that Ms. Bowman had requested an oppor- tunity to address the Commission regarding municipal/foreign policy. Ms. Bowman stated she is a Park County resident and is a member of the Center for Inno- vative Diplomacy (CID). She indicated this is a group of citizen diplomats that are working to influence government. She expressed concern about how her federal tax dollars are being spent, noting that she was a tax resistor until the monies were taken from her bank account. She then stated that the CID has asked that local government officials adopt a resolution entitled the "3-2-1 Proposal II that would encourage the President and members of Congress to cut $60 bil- lion from the military budget, with $30 billion to be redirected to deficit reduction, $20 billion to re-enact and enlarge Revenue Sharing and $10 billion to other public purposes determined by the President and Congress. Mayor Stiff asked Mrs. Bowman if she would submit a copy of that proposal to the Clerk of the Commission for distribution to the Commissioners. He indicated that the Commission will discuss this request after they have had an opportunity to review the information. The Commission thanked Ms. Bowman for her presentation. I City Manager Wysocki reminded the Commission that the public hearing on this item was conducted at last week's Commission meeting. He then indicated that included in the packets was a memo addressing some of the concerns expressed, along with three suggested conditions to be added prior to approval of the appl ication. He noted these proposed conditions should ad- dress those concerns that were voiced at the hearing. The City Manager then reviewed the character of the proposed conditions, noting that street crossings must be marked, in the park as well as on the street. He also noted that a maintenance schedule for treatment of noxious weeds along the trail is to be established. He indicated that under the third proposed condition, limited vehicular access would be allowed. He 02-22-88 86 noted that bollards may not be required in some places; however, some type of permit system may be implemented for vehicular access. He stated that in no instance is any vehicle or en- croachment to impede movement along the linear park. He also indicated that in no event is the park area to be used as storage for private vehicles or equipment. Commissioner Goehrung asked if the proposed conditions provide enough control so that the City will be able to issue citations to those taking advantage of the situation. City Manager Wysocki indicated he feels they do. He noted that if a warning was not I adequate in addressing a problem, a citation could be forthcoming. Commissioner Goehrung then asked if any type of screening should be required, particu- larly if the back yards are to be used for storage of utility trailers. The City Manager stated that he does not believe it would be appropriate for the City to require the private property owners to screen their back yards from the park. Commissioner Martel stated he feels two major issues have not been addressed. He indi- cated that he feels a condition should be included requiring that the staff proceed with a zone code amendment to eliminate the four-foot height restriction on fences along the linear park. He acknowledged that this is an entirely separate process; but he feels that steps should be taken to ensure that the restriction is removed. The Commissioner then stated the second item is that there is no demarcation between where the public property ends and the private property ends. He noted it is very difficult to know where the park boundaries lie since they are very jagged. He expressed concern that if a citizen were to be injured on private property, that property owner could be economically disadvantaged. City Manager Wysocki stated that during the process he has suggested that a survey of the park boundaries be completed, which wi II address the second concern. Commissioner Martel then indicated that he feels the proposed method of providing ve- hicular access is more cumbersome than it needs to be, noting that vehicular activity has been infrequent. Mayor Stiff asked if the proposed conditions will allow the utility companies to maintain their services. I City Attorney Becker stated the proposed conditions do not affect the utility easements that are in place. Mayor Stiff reviewed the process to be followed for changing the fence height restric- tions. The City Manager suggested this item could be dealt with separately following action on the conditional use permit Itself. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission approve the request submitted by the Recreation Advisory Board for a Conditional Use Permit to allow development of a linear park in the R-O, R-2, R-3, R-4, RS-l and PLI zoning districts subject to the following conditions: 1. That a final site plan be drawn to scale and indicate locations of proposed improvements; 2. That final designs of interpretive signs, informational signs and bollards be submitted for staff review and approval; 3. That street crossings will require pedestrian crosswalk markings and signs approved by the Director of Public Service for the City of Bozeman for both vehicular and pedestrian movement; 4. That a maintenance program, including an annual treatment of noxious weeds where necessary, be established; 5. That controlled vehicular access may be allowed for maintenance of the park and for utilization of private property owners adjacent to the Linear Park, subject to approval by the Director of Public Service or his designee, which may include an appropriate permitting system. At no time shall use of such access obstruct the 15-foot pathway and the movement of the users. Other I encroachments may be approved by the Director of Public Service under an agreement with the City of Bozeman; 6. That three copies of the final site plan containing all the conditions, cor- rections, and modifications approved by the City Commission shall be sub- mitted for review and approved by the Planning Director within six months of the date of the City Commission approval. One signed copy shall be re- tained by the Building Department, one signed copy shall be retained by the Planning Director, and one signed copy shall be retained by the appli- cant; 02-22-88 87 7. That all on-site improvements shall be completed within 18 months of City Commission approval for Phase I and II, and within 36 months for Phase " I; 8. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use for Phases I and II, and 36 months for Phase III . Prior to the permanent renewal of the permit at the end of that peri- od, the applicant must satisfy all the conditions in the granting of the per- mit. An on-site inspection will be made and a report made to the City Com- I mission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. Commissioner Goehrung noted that the Commission had previously talked about sending this item to the Board of Adjustment after this process was completed. He asked if the Com- missioners wish to consider such action at this time. Commissioner Hawks noted that this process only provides for conduct of a public hear- ing, with no decision to be made. He then asked about legal issues. City Attorney Becker stated that submittal of this item to the Board of Adjustment allows the City to act in a manner contrary to its zoning ordinance. He indicated that such action would limit any attack or legal maneuvers that could occur in the future. Commissioner Vant Hull stated support for submitting this item to the Board of Adjust- ment. Commissioner Martel indicated opposition. He noted the conditional use process has been completed; and he does not feel there is any need to go through the other procedure now. City Manager Wysocki noted this has been a rather warm issue. He then suggested the Commission may wish to submit the plan to the Board of Adjustment for hearing to limit any legal attack. I Break - 3:00 to 3:08 p.m. Mayor Stiff declared a break from 3:00 p.m. to 3:08 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Mayor Stiff asked if the Commission should submit this proposal or if it would be more appropriate to have the Recreation Advisory Board carry the process through. The Commissioners concurred that the Commission should submit the application to the Board of Adjustment. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission submit this proposal for development of the linear park to the Board of Adjustment for review through the process set forth in Section 76-2-402, Montana Code Annotated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Com- missioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commis- sioner Martel. district for , cu rb City Manager Wysocki noted that a copy of the applicable pages of the City's special im- I provement district policy were included in the packets for Commissioner review. He briefly re- viewed the section of the policy that applies to this situation, noting that a large portion of the property lying along Lea Avenue has been developed. He indicated the one problem with the creation of a special improvement district at this time is that one of the property owners has delinquent special assessments; and the City has formally asked the County to proceed through tax sale on the subject parcel. The City Manager then stated that review of the guidelines for the pre-existing subdi- visions indicates that an escrow account is required to ensure that monies are available to cover any delinquencies. He suggested that some type of an escrow account could possibly be re- 02-22-88 88 quired in this requested special improvement district to ensure that any delinquent assessments would be covered. He then noted that if the County proceeds through the tax sale process, that sale should occur in June or July of this year. Commissioner Hawks asked if it would be appropriate to ask the County for a letter of confirmation stating that the subject parcel is going through the tax sale process. Mr. Mike Rodrique, one of the property owners, stated that the initial reaction of the property owners involved is that they do not want to establish an escrow account, since they I have paid their debts and don't feel they should be asked to pay others. Commissioner Vant Hull noted the cost estimates for the project are around $40,000 and asked how much that would be on an annual basis. Mr. Rick Kerin, consulting engineer, indicated that the figures he has are based on $55,000 rather than the $40,000 cost estimate. He then noted that on one of the parcels, the assessment for the first year would be approximately $1,000, dropping to slightly over $500, based on a 15-year amortization. Commissioner Vant Hull then suggested the possibility of requiring a 5 percent escrow ac- count rather than the 10 percent required for pre-existing subdivisions. Commissioner Martel noted that the special assessments on only one parcel are delinquent; and that parcel is to be involved in a tax sale this summer. He noted at that time the property owner must either make those delinquent assessments current or the property will be sold; and the assessment will be brought current through that process. The Commissioner noted that this action will eliminate the conflict with the City's SI D policy. He then suggested that the City could authorize the creation of this special improvement district, going through the process to the point of selling bonds; and that step could be taken after the tax sale has been completed. He noted there would be enough of the summer remaining to complete this project, since it is a small one. Mayor Stiff suggested a letter of credit might be an alternative. The City Manager noted that if a security is required for five to six years, a certificate of deposit could be rolled over easier than a letter of credit. He also noted that the property I owners would also gain the interest earned on the CD while it was being held as escrow. Mr. Rick Kerin suggested the Commission may wish to wait until after the tax sale to pro- ceed with this special improvement district. Commissioner Goehrung noted if the City proceeds with the special improvement district at this time, it must find a way to cover the $5,000 in existing delinquencies. Commissioner Martel asked if the owner of the property with delinquent assessments has been delinquent on his property taxes as well. Mr. Mike Rodrique indicated that the individual is current on his property taxes. He noted that he has not paid his special assessments as his way to protest the manner in which they are calculated. He then indicated support for Commissioner Martel's suggestion, noting that he shou Id be able to sell that concept to the other property owners. He also noted that the suggested procedure would allow this project to meet the City's policy. Commissioner Goehrung noted the proposed special improvement district does not include sidewalks. The City Manager stated the staff has discussed that item. He noted, however, that dur- ing approval of recent development within industrial areas, the Commission has consciously made a decision not to require sidewalks. He stated the staff has suggested that a walkway of some type be provided between parking lots along that street. The City Manager then reminded the Commission that they may order sidewalks in any time they wish. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission authorize and direct the staff to proceed with the preparation of a resolution of intent to I create this special improvement district, for Commission consideration, contingent upon tax sale of the parcel with delinquent assessments or payment of the past-due assessments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 02-22-88 89 Discussion - draft advertisement and application form for the ad hoc committee to develop a sign ordinance City Manager Wysocki stated that copies of a draft advertisment as well as a draft appli- cation form were included in the Commissioners' packets. Commissioner Vant Hull noted that during appointments to the ad hoc committee to review the business license ordinance, the Commissioners had varying ideas about which category the I applicants would fit. She then suggested that since this committee is to include representatives from three different groups, a question be included on which group they wish to represent. Mayor Stiff asked if such a question would eliminate the possibility of moving an indi- vidual from one category to another. Commissioner Vant Hull stated that she does not feel the inclusion of such a question would preclude the Commission moving that individual to anothr group. Commissioner Vant Hull then suggested that the advertisement as well as the application refer to this as an "ad hoc committee to develop a comprehensive sign ordinance" since that is the language used in the Planning staff's memo. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the advertisement and application for the ad hoc committee to develop a compre- hensive sign ordinance, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. Mayor Stiff asked that a discussion of the guidelines for this ad hoc committee be placed on next week's agenda. Discussion - Commissioner attendance at the Elected Officials Workshop to be held at Montana State University on March 16-18, 1988 Commissioner Goehrung stated he is interested in attending the Elected Officials Work- shop, which is to be held at Montana State University on March 16 through 18, 1988. He then I questioned what process is to be followed to obtain authorization to attend and whether the City would cover the costs of registration for this workshop. He noted that as a new Commissioner, he feels the workshop would be very beneficial. Commissioner Hawks stated he is also interested in attending, noting concurrence with Com- missioner Goehrung's remarks. Commissioner Vant Hull indicated support for the two new Commissioners attending the Elected Officials Workshop, with the City paying the registration costs. The other Commis- sioners concurred. Mayor Stiff asked that a report be submitted back to the Commission following the work- shop. Claims City Manager Wysocki noted that a listing of the claims to be paid has been included in the Commissioners' packets. He then recommended that the Commission approve the listing and authorize payment of the claims. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission approve the claims as listed, and authorize and direct the Director of Finance to pay same. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. I Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The agenda and packet for the Zoning Commission meeting to be held on Tuesday, February 23, 1988. (2) Minutes from the Board of Adjustment meeting held on Monday, February 8, 1988. (3) The City Manager indicated that the annual meeting of the Gallatin Development Corporation is to be held at 7: 30 p. m. on Wednesday, February 24 at the Baxter Hotel. He re- quested that any interested Commissioners contact the GDC, since they need to know how many 02-22-88 90 plan to attend. (4) The City Manager reminded the Commissioners that representatives from the De- partment of Highways will be in Bozeman on Friday afternoon for an on-site review of the area for the proposed third interchange. He noted the meeting will begin at 2:00 p.m. in the Com- munity Room of the Gallatin County Courthouse. (5) The City Manager indicated that the City's proposal for a third interchange will be considered by the Highway Commission at 2: 00 p.m. on Thursday, March 3, at their meeting to I be held in Kalispell. (6) The City Manager indicated that he and Administrative Services Director Gamradt will be talking to all of the high school government classes on Wednesday. (7) Mayor Stiff stated that a reception is to be held for Jeff Olson, Bozeman's Olympic skier, on Friday, February 26 from 7:00 to 9:00 p.m. at the GranTree Inn. He indicated all Com- missioners are invited to attend. (8) Mayor Stiff requested that discussion on criteria for appearances before the Com- mission be placed on the agenda in about two weeks. (9) Commissioner Hawks noted that he had requested that the staff report on the right- of-way and possible installation of sidewalks along North 7th Avenue be placed on the agenda for discussion. City Manager Wysocki indicated that the Director of Public Service was on vacation last week, so he was unable to obtain the information prior to this meeting. He stated it will be on next week's agenda. Break - 4:03 to 4:15 p.m. Mayor Stiff declared a break from 4:03 p.m. to 4:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Orientation Session (continued) Administrative Services Director Miral Gamradt distributed to the Commission a listing of I the activities covered under the accounting and purchasing divisions. He then briefly reviewed those activities. He indicated that the Finance Department tries to use interns from MSU as much as possible, noting that one is currently working in the accounting division. He noted that while a majority of the treasury division activities occur on a daily basis, the accounting functions occur more often on a monthly or annual basis. He stated that a copy of the checklist for January 1988 has been attached to indicate the type of activities that are reviewed each month. He indicated that the accounting division provides numerous special reports for various departments. The Administrative Services Director stated that the physical inventory of all City assets was done on an annual basis. He noted that has now been changed so that the physical inven- tory on one-fourth of the City's assets is done each quarter. He indicated this allows the staff to still conduct the physical inventory on an annual basis, but it spreads that workload out. Administrative Services Director Gamradt stated that a quarterly report is submitted to the Public Service Commission for the water and sewer activities. He noted that the City must pay .6 percent of its revenues for water and sewer to the PSC. The Administrative Services Director stated that the accounting division works closely with the auditors at the close of each fiscal year, preparing information as requested. He in- dicated that in the past, the monthly budget reports have been held until that process has been completed and all audit adjustments entered; however, that process will be changed beginning next year to generate monthly reports for the first few months of the fiscal year, with ad- justments to be made as necessary after the audit has been completed. I Mr. Gamradt stated that last month the City took over all Community Development Block Grant loans from the Credit Union. He noted the City acts as a bank for these loans; and the work is being done by hand because it is not of sufficient volume to justify writing software for the activity. The Administrative Services Director stated that manuals are being prepared for all posi- tions within the Finance Department; and he is working on cross-training so there is at least one backup for all of the activities within the department. He noted that the controller has been developing documentation for all accounting and electronic data processing procedures for the 02-22-88 91 accounting division as well as writing descriptions for all funds; and that process is nearly complete. He also indicated that some of the employees in the accounting area are working on a self-study governmental accounting course. Mayor Stiff asked if the procedure manuals have been duplicated and placed in another location. The Administrative Services Director stated they have not been. He noted, however, I that a duplicate copy could be kept in the vault, which is fireproof. Administrative Services Director Miral Gamradt then reviewed the functions under the pur- chasing division. He noted that frequently used items are kept in the storeroom supplies, which are physically inventoried at the end of each fiscal year. He stated that the purchasing agent has a $1,500 petty cash account for purchase of small items, with a $25 ceiling. He indicated that a review will be made of the activities in this division to determine whether computerization would be beneficial. He stated that just this year, the division has also assumed responsibility for park reservations and garden plot rentals. Commissioner Goehrung asked if the City purchases supplies in conjunction with the School District and the County. Purchasing Agent Pat Boyd stated that he purchases almost all of the office supplies through the School District. He noted that most of the City's printing is done at the County print shop. He then indicated the City has no formal cooperative agreement with either of these entities. Commissioner Martel asked if price checks are made periodically to see if a better price is available. Purchasing Agent Boyd stated that he does periodically check. He noted, however, that experience has shown that the City gets the best prices on office supplies through the School District because of their large volume purchasing. The Purchasing Agent then noted that the State Statutes provide for a 3 percent preference for products made or distributed in Montana; and he applies that preference to local vendors. I The Commission thanked Mr. Camradt for his presentation. The Administrative Services Director verbally reviewed the mid-year budget review, which had been included in the Commissioners' packets previously. He noted that the budgets for this fiscal year as well as last fiscal year were tight; therefore, some problems are incurred through unanticipated expenditures. He indicated that most of the budgets for personnel costs are close to 50 percent; and a few of the operations budgets need to be slightly adjusted. He indicated that a listing of those line items needing adjustment is included in the memo, along with an ex- planation of each overage. He noted that all of the adjustments are covered within the amounts budgeted at the beginning of the fiscal year; therefore, there is no increase in the overall bud- get. Administrative Services Director Gamradt stated that revenues are running slightly ahead of last year's. He noted, however, that the City received its property tax allocation in De- cember; and it was not received until February last year. He indicated this early receipt should also improve the City's interest income slightly. The Administrative Services Director reminded the Commissioners that the motor vehicle fee system has been revised and is now based on 2 percent of the depreciated wholesale price. He noted no change in revenues was to occur as a result of this procedural change; and it is too early to tell if it will. Mr. Gamradt stated another change in revenues is the change in li- censing of video draw poker machines. He noted that with the change, the City now has 96 ma- chines licensed as compared to 65 machines last year. He indicated that actual annual changes in revenues are not known at this time, since that system was changed so drastically. I Administrative Services Director Gamradt noted that the Garbage Fund has been healthy because some of the anticipated expenditures, such as the automated garbage collection system, have not happened. He then indicated it is not known what impact the recent Three Rivers Dis- posal action will have on that fund. He indicated that Three Rivers paid an average of $110,000 per year; and it is not known how much expenses will be reduced if they no longer use our facil- ity. City Manager Wysocki recommended that the Commission authorize the Mayor to sign the budget amendment as submitted. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- 02-22-88 92 mission authorize and direct the Mayor to sign the budget amendment to make fourteen transfers, totaling $11,970, between budget units, as listed in the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Administrative Services Director Gamradt stated that he had submitted the compilation of regulatory costs associated with business licensing to the auditors for review and comment. He then distributed copies of that information to the Commission, noting that he will give copies to I the ad hoc committee members this evening. He noted that the auditor has verbally indicated support for the activities listed and the costs attached thereto. The Administrative Services Director briefly reviewed the document, noting that the City has averaged $98,796 per year in revenues; and the estimated regulatory and administrative costs are $104,490 per year. He indicated that the administrative costs include City Commission, City Manager, Administrative Services Director and City Attorney costs associated with business licensing. Commissioner Hawks stated it appears the staff has taken a fairly conservative approach in developing this list. The Administrative Services Director stated the staff did take a conservative approach. He noted the staff has not approached this item with a rate increase in mind, but rather a fair distribution of costs incurred. Commissioner Martel indicated that he feels the inspection costs shown are too high and suggested that a review of actual time records be conducted to determine those costs. The City Manager indicated that the Administrative Services Director asked the various division heads to submit cost information based on actual time spent in past years; and this is a composite of that information. He stated the staff feels the figures submitted are reasonable and defensible. Recess - 5:23 p.m. Mayor Stiff recessed the meeting at 5:23 p.m., to reconvene at 7:00 p.m. for the purpose I of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the sched- uled public hearing. This was the time and place set for the public hearing on the Master Plan Amendment re- quested by Life Link International for William J. and Charlene M. Novak to change the land use designation from limited highway commercial to light industry on Parcels A-2 and C-2 of Cer- tificate of Survey No. 4C and Parcel B-1 of Certificate of Survey No. 4A, all located in the north one-half of the northeast one-quarter of Section 17, Township 2 South, Range 5 East, Mon- tana Principal Meridian. The subject parcels are more commonly located along the south side of U.S. Highway 191, just west of its intersection with Gooch Hill Road. Mayor Stiff opened the public hearing. Community Development/Zoning Specialist Dave Skelton presented the Staff Report. He stated the Parcel A-2 of COS No. 4C contains 15.516 acres and currently houses the Sav-Mor Discount store. Parcel B-1 of COS No. 4A contains 8.589 acres; it formerly housed the Gateway Homes and is currently being purchased by Life Link International, the applicant. Parcel C-2 of COS No. 4C contains 11.103 acres; it is currently vacant and is the site of the former White's I Mobile Home Sales. He indicated the original application submitted was for the 8.589-acre tract only but was expanded to include the entire 35.208 acres prior to staff review. Planner Skelton stated that the land use designation on the subject parcels under consid- eration is currently I imited highway commercial, the intent of which is to provide a well-defined commercial area with large parcels that do not have centralized water and sewer services. He noted that Parcel B-1 of COS No. 4A, all of Parcel C-2 and a small portion of Parcel A-2 of cas No. 4C are currently zoned B-2-T, Community Highway Business with a Transitional Overlay; 02-22-88 93 and a majority of Parcel A-2 is zoned A-S, Agricultural Suburban. Planner Dave Skelton stated that a review of the inventory of industrial zoned property revealed there is some vacant industrial zoned property within the city limits. He then indicated that one of the subject parcels (White's Mobile Home Sales) has high groundwater but the other two have typical Bozeman area soils with no unique limitations. Community Development/Zoning Specialist Skelton stated that the Department of Highways I is currently developing a limited access control project for the portion of U. S. Highway 191 be- tween Bozeman and Four Corners; and the three parcels under consideration are involved. He noted, however, that industrial uses have less traffic impacts than commercial uses, as shown on the tables contained in the staff report. The Planner stated that the Highway Department has indicated the tentative schedule for improvement of this portion of the highway is acquisition of additional right-of-way by 1989, with construction beginning in 1993. The initial plans show the centerline being 25 feet south of the existing line, which means an additional 65 to 75 feet of right-of-way must be provided. Planner Skelton stated that separate wells and septic systems are provided on each of the three tracts. He noted that in 1977, the Sanitarian indicated the systems on the Gallatin Homes property as well as the Sav-Mor property were less than desi rable. He then briefly reviewed the criteria for review of a master plan amendment request. Planner Dave Skelton stated that the City-County Planning Board conducted its public hearing on this application at its February 18, 1988 meeting, after which it recommended ap- proval of the application to change the land use designation on 35.028 acres to light industry. Mr. Dave Robinson, Director of Operations for Life Link, indicated that he will be re- locating to Bozeman. He stated the company has been looking for a suitable site in the Bozeman area; and the old Gateway Homes site is the best one avai lable. He then briefly reviewed the company, noting that Life Link is the parent company, dealing in catalog sales of avalanche res- cue equipment. He indicated the company also has two divisions: (1) Croakies, which manufac- tures sports accessories, and (2) Simms, which manufactures sporting items, including extremely I good fishing waders. Mr. Robinson emphasized that all of the manufacturing is labor intensive and is a very clean industry. Mr. Robinson stated that the company has been growing at a rate of 60 percent per year. He noted that they would like to begin manufacturing fishing waders in Bozeman around March 9, since they have already depleted the supply that they had anticipated would last until May. He indicated that skilled hand-type work is involved in this process; and the people must be trained prior to opening of the operation. Mr. Dave Robinson stated that he is familiar with site requirements for this type of ac- tivity; and he has identified the problems existing on the subject site. He noted the company is prepared to make the necessary adjustments needed to address those problems. Mr. Mike Money, 105 Teton, indicated he is a representative of the applicant. He noted one question raised at the Planning Board meeting concerns whether the public interest has been adequately addressed; and he feels that it has been. He noted that the original application was to be for just Parcel B-1 of COS No. 4A, the a.589-acre tract upon which Life Link is proposing to relocate; however, they subsequently decided to avoid potential spot zoning problems by in- cluding the tracts on either side in the application process. He then indicated that in his presentation he will address supply and demand as well as the changes which have occurred in the corridor from Main Mall to Four Corners, concerns expressed by the Rae Volunteer Fire De- partment, review the goals and policies of the Master Plan, and staff concerns about including the "T" designation in zoning of this property. Mr. Money reminded the Commission that this master plan amendment must be considered I as such, recognizing that Life Link is not the only applicant and remembering that the land use designation is currently limited highway commercial on all three parcels involved. Mr. Money stated that he is a realtor for ERA as well as being a planning consultant. He noted that review of the multiple listing revealed that 25 industrial properties (land only) are currently on the market in the Bozeman area, only two of which are larger than eight acres, at a cost of $31,000 to $75,000 per acre. He noted that seven industrial properties with land and buildings are on the market as well, two of which are currently vacant, at costs ranging from $99,800 to $500,000. He indicated that the Gateway Homes site is approximately 8.6 acres in size with an 18,000-square-foot building that can accommodate their needs at an approximate cost of 02-22-88 94 $46,000 per acre. Mike Money then reviewed the commercial and industrial properties along U. S. Highway 191 from the Main Mall to Four Corners and their uses from 1980 to now. He noted that those structures that were developed as commercial have generally changed uses and are now churches or light industrial facilities, or they remain vacant. He noted, however, that Four Corners has attracted a substantial amount of commercial development over the past few years. Mr. Money stated that the 12-acre parcel immediately to the east of the subject property is currently on the I market at a price that would suggest other than agricultural use even though it is currently zoned Agricultural-Suburban. He also reviewed the uses of other properties in that immediate area, noting they are currently industrial or industrial compatible. Mike Money noted that with the changes in uses in that area, the proposed light indus- trial designation would be more appropriate than the existing commercial designation. He a I so noted that only one inquiry has been made into development of the subject parcels since the lim- ited highway commercial designation was implemented during the last revision of the Master Plan. Mr. Money then briefly reviewed the goals and policies of the Master Plan as they apply to this request. He reminded the Commission that strip commercial development has been a con- cern; and if a light industrial designation were approved, commercial developments would be re- quired to go through the conditional use process. Mr. Money noted that several concerns were expressed in the letter from the Rae Volun- teer Fire Department. He indicated that he feels a number of those concerns are based on mis- conceptions about the application and current land use designations. He stated that the pro- posed change in land use designation would really have no additional impact on the volunteer fire department. He further noted that a light industrial use would have less impact on traffic and sanitation faci I ities than a commercial use. He also noted that any alterations in the existing structure would be required to meet all building and fire codes; and those items could be ad- dressed specifically at that time. Mike Money stated that Life Link is currently in the process of having a soils analysis completed, noting that the limitations of the soil will limit development on these three parcels. I He also noted that the soils tests will provide information for addressing the sewer service fa- cilities that will be necessary. He indicated the existing septic tank system is located above ground; and if it fails, the effluent will lie on the ground causing a nuisance and unpleasant odor. He stated the only way that such a failure would contaminate the groundwater would be to drain back to the well, which is located about 100 feet away, behind the existing building. Mr. Money stated that the question of attaching a "T" designation has been mentioned. He then reminded the Commission that the appropriate time for such discussions is during the zone map change process, which will be before the Zoning Commission tomorrow night and before the City Commission next week. Mike Money stated that the applicant is aware that the subject parcels are a part of the limited access control. He noted that the applicant does not plan to alter the existing ap- proaches to the highway, but to retain those that do exist. Commissioner Hawks asked if the existing sanitary sewer system was established with only a few employees in mind, considering the site was utilized for mobile home sales. Mr. Money stated that the County Sanitarian has suggested the faci I ity may have been established with four to six employees in mind. He noted if that is the case, it won't be long until its limitations are apparent; and the situation will be addressed. Commissioner Vant Hull stated she can understand the urgency of relocating to the sub- ject site; but she is concerned about the lack of an adequate sewer system and the fact that the property is not on a central sewer system. Mr. Money indicated that Life Link is ready to address the matter, noting that the soils I analysis is the first step in doing so. Commissioner Vant Hull indicated she feels that approval of the requested change in land use designation for the 8. S89-acre tract is appropriate; however, she does not feel the entire 35.208 acres should be changed at this time unless a liT" designation is placed on the zoning. She feels the land use designation for the other two parcels should be considered during re- vision of the Master Plan rather than at this time. Mr. Money stated that several companies have submitted solid inquiries about the area. He noted that the need for light industrial property should be addressed in the immediate area 02-22-88 95 as well as within the city limits; and this may be a step in attracting another company. Commissioner Vant Hull asked if Valley Unit Subdivision might be an appropriate area for light industrial development if performance guidelines were implemented. Mike Money indicated it could be. Commissioner Vant Hull asked how much remodeling will be required before Life Link can begin operation on the subject location. She suggested that if the process is to be quite leng- I thy, there might be adequate time for the conditional use process if a "T" is added to the zoning request. Mr. Money indicated that the remodeling costs are anticipated at $25,000 and should not take a long time. He then reviewed the intent of the "T" designation, which is to address prob- lems unique to a neighborhood that is usually in a state of transition or to provide review of developments along entrances to the community. He cautioned that this is an item for discussion before the Zoning Commission rather than at this time. Planning Director Andy Epple reminded the Commissioners that a building permit is re- quired for any remodeling or expansion of the facility. He noted that prior to issuance of a permit, other agencies or divisions within the City are consulted; therefore, the Rae Volunteer Fire Department as well as the City.s Fire Department would be given an opportunity to review the plans. He indicated any concerns about installation of a second floor within the existing structure could be addressed through that process. Commissioner Vant Hull asked whether the applicant would be opposed to having a liT" designation placed on zoning for the subject parcels to ensure quality projects that enhance the area, recognizing that such a designation would require two additional public hearings for each development. Mr. Robinson stated that Life Link must begin production very soon; and if it is not in Bozeman, it will be elsewhere. He noted that much of their production is done on an annual basis; therefore, it would be a least a year before a process could be relocated and there is a potential it would not be relocated at all. He noted the company is currently experiencing a 60 I percent growth rate and must begin production again in the very near future in order to meet demand. Mr. Robinson expressed a desire to meet its obligations in Montana through the Com- munity Development Block Grant program; but the timing is crucial. Commissioner Hawks noted that if a liT" designation were placed on the property and the conditional use permit process were enacted, the first hearing date possible would be April 4, 1988. Ms. Mary Kay Peck, Gallatin County Planning Director, stated that she and the Gallatin County Commissioners have been working with Life Link on this project for the past ten months. She noted that Life Link has been awarded a $250,000 Community Development Block Grant loan for relocation to this area, therefore, the County Commission would like to see this master plan amendment approved to aid in the relocation. Ms. Peck stated the application substantially meets the criteria that have been adopted by the County Commission and the City Commission. She then reminded the Commission that the subject building was previously used for repair and re- modeling of mobile homes, which was a much more intensive industrial use than the one being proposed. She noted that to change the land use designation to light industrial would recognize existing development in the area as well as current development of the subject site. Ms. Peck stated that an industrial use will have less demand on public services than a commercial use would. She noted that Life Link has begun the procedure to address the septic system by hiring a soils scientist. She noted once that study is complete and the septic system has been designed, the designs are to be submitted to the State for review and approval. She noted that by law the review process must be completed within sixty days; and following ap- I proval, the system can be installed. She stated that process can be completed in two days, or one if extra help is used. Ms. Mary Kay Peck stated that groundwater may be a problem on the southern portion of the White's Mobile Home parcel; however, a drainage ditch along the south end has helped ad- dress that. She further noted that changes in irrigation practices to the south have also served to lower the water table. Ms. Peck stated the Gallatin County Sheriff feels no adverse traffic impact will be caused by the proposed master plan amendment, especially since the subject parcels are a part of the limited access control project. She then indicated that the County Commission has requested 02-22-88 96 verification from the Board of Directors for the Rae Volunteer Fire department because the letter submitted has created a controversy. She then encouraged the Commissioners to approve this application. Commissioner Vant Hull asked Ms. Peck if she agrees that industrial uses should be on a central water and sewer system. Ms. Peck stated that she does not agree, noting there are places in the county that are appropriate for industrial development; but they do not have central water and sewer services. I Mr. Carl Bear, member of the Gallatin Development Corporation, stated that the Corpor- ation and its members support the application before the Commission. He noted that over the past twelve to twenty-four months, the GDC has attempted to coordinate efforts to reach this point; and the next step must now be taken. He indicated that he is confident the relocation of Life Link will help to strengthen the area's economic base, which is possibly now at its lowest poi nt ever. Mr. Bear then encouraged the Commission to approve this master plan amendment. Mr. Ed Brandt, representing the Bozeman Area Chamber of Commerce, read a letter of support from the Chamber. He noted the Master Plan should be a flexible and fluid document that is used as a guide for community development. He noted that the Gallatin Development Cor- poration and Montana Certified Cities Program have encouraged economic development in the area; and he feels that obstructions should be avoided if possible. He noted the subject site seems to be a buffer area. He then encouraged the Commission to approve this application. Mr. Scott Heck, 209 Westridge Drive, noted that in addition to the businesses listed by Mr. Money, the Honda motorcycle dealership closed. He stated others would also like to, but they are tied to leases. He stated that some businesses felt this area would be attractive, es- pecially with the low overhead costs, but they have found that the speed limit is not conducive to retail; and there is not sufficient base to support all of the retail businesses in the area. He stated it is important to provide space for industrial development along U. S. Highway 191, es- pecially when that development will bring new dollars to the community. He also indicated that this type of industrial development wi II also require additional services from other services, noting that Life Link is currently the largest UPS shipper in Wyoming. I Mrs. Laurie Shadoan, business owner and member of the Chamber as well as the Gallatin Development Corporation, stated concurrence with Mr. Bearls presentation. She then noted it is time for a change; and the area needs to change with the times. Mr. Tom Nygard, business owner since 1972, stated that he has discussed the proposed relocation of Life Link in Bozeman; and everyone has strongly supported the proposal. He then encouraged the Commission to approve this application for a master plan amendment. Mr. Jim Ferguson, 8474 Huffine Lane, indicated he owns the parcel immediately to the east of those under consideration. He then stated support for the proposed master plan amend- ment, indicating that he is looking forward to having Life Link as a neighbor. Mr. Dick Harte, 2607 Spring Creek Drive, indicated he is a local businessman. He noted that the industrial-type businesses are the ones that succeed in the subject area, especially since the traffic is moving so fast. He also noted that if quality is not put into a project, it seldom comes out. He then encouraged support of this application. Mr. Joe Billion, J. C. Billion, welcomed Life Link to the community, noting that those with whom he has spoken have indicated support for this project. He then encouraged the Commis- sion to make their relocation as easy as possible. Mr. Dan Kamp, 114 Gallatin Drive, noted his name appears on the inside cover of the Master Plan since he was serving the Planning Board at the time it was adopted. He noted if one strand goes through the plan, it is the importance of flexibility. He noted that the subject area is one where the Commission must stand back and look at what is needed. Mr. Kamp then noted that when this type of item arises, several processes must be completed, including master I plan amendment, zone map change and possibly the conditional use permit process if a "TI! is placed on the zoning. He then encouraged the Commission to review the process to determine if a more streamlined approach could be as effective. Mr. Bob Fagliano, Three Rivers Disposal, welcomed Mr. Robinson to the community. He then encouraged the Commission to favorably consider this master plan amendment. Mr. Lloyd Mandeville, Mandeville Real Estate, noted that concern has been expressed about the way in which growth occurs. He noted that if one person in an area cleans up his or her property, soon others in the neighborhood are improving their property as well. He stated 02-22-88 ----------- 97 this process is much more effective than restrictions and regulations. He noted this is an op- portunity to have Life Link relocate to the area; and he feels they would be a good addition. He then encouraged Commission support of this application. Mr. Philip Schladweiler, 4721 Love Lane, noted the Master Plan encourages infill ing of va- cant industrial areas within the city; and this application does not meet that goal. He indicated that he does not see a shortage of industrially zoned property in the city. He further noted I that industrial development is encouraged in an area with central water and sewer services; and this application does not meet that goal either. Mr. Schladwei ler then questioned whether the proposal submitted by Life Link is in the public's best interest. He then indicated opposition to the master plan amendment for the other two parcels involved in this public hearing and encour- aged the Commissioners to vote against it, at least on that portion. Ms. Jane Jelinski, County Commissioner, responded to a question from Commissioner Vant Hull. She noted that the County Commissioners received a telephone call from a member of the Board of Directors for the Rae Volunteer Fire Department indicating that the letter responding to this application was prepared by an individual without Board consideration or action. She stated that some of the Board members disagree vehemently with some of the statements contained in the letter; therefore, it should be considered as one volunteer fireman's views only. Commissioner Hawks asked if the two-minute response time is accurate. Ms. Jelinski stated that the subject location is an ideal one, noting that it is within site distance of the fire station; and an adequate water supply has been developed in that immediate area. She noted that, although the firefighters are not located at the fire station on a full-time basis, she feels they are very efficient. Ms. Jelinski then reminded the Commission that the subject structure is not new nor is the activity, noting that a much heavier manufacturing activ- ity was previously located within that structure. Break - 9:06 to 9:10 p.m. Mayor Stiff declared a break from 9:06 p.m. to 9:10 p.m., in accordance with Commission I policy established at their regular meeting of March 14, 1983. Ms. Kathy Deter, a private citizen, spoke in favor of the appl ication, noting that she welcomes Life Link International with open arms and feels that they meet all of the qualifications for approval. She noted the Master Plan is a good document; however, it must be reviewed and updated as things change. Mayor Stiff closed the publ ic hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commissioner Goehrung asked Planning Director Epple to review the specific action before the Commission at this time. Planning Director Andy Epple stated the item currently under consideration is a master plan amendment from limited highway commercial to light industry; and zoning considerations should not be a part of this action. He further noted that this should be considered as a generic application, not attached to a specific group or business. He cautioned that, although Life Link International has made this application, it may not be there in a few years and another I industrial use could occupy the site if this application is approved. Commissioner Hawks noted that he served on the Planning Board at the time the Master Plan was going through the revision process. He stated that conflicts may arise between goals set forth in the plan, noting that review of this application has shown that it does not comply with Goal No. 20, encouraging infilling of vacant industrial areas; but it does comply with Goal No. 19, which encourages economic development. He stated that he feels economic development is much more important than infilling of vacant areas, since the latter has generally been ad- dressed since 1981. The Commissioner then stated the Master Plan is currently being reviewed; and he feels the entire area, except for the 8.S89-acre parcel, should be considered in total 02-22-88 98 rather than taking action on the 35. 208-acre tract at this time. He indicated the subject parcel is presently buffered and somewhat isolated; and the proposed amendment would not have an ad- verse impact on surrounding uses. Commissioner Hawks then noted that review of the Master Plan might establish a new multi- use designation that would be more appropriate for the area than the requested designation. He also cautioned that to approve the master plan amendment for the entire 35.208 acres could put pressure on the Zoning Commission to approve the zone map change application with a transi- I tional overlay designation, which will be before them tomorrow night. The Commissioner then stated support for isolating the 8. S89-acre parcel from the remaining two parcels in considering approval of this application. Commissioner Vant Hull indicated support for Commissioner Hawks. comments. She stated support for the requested change on the 8. S89-acre parcel; however, she does not support a change for the additional 27 acres. Commissioner Goehrung stated that he feels it is more important to address economic de- velopment issues than the infilling of vacant property at this time. He then suggested that possibly the CDBG monies which have been approved for this project could be used to offset some of the costs that will be incurred in improvement of this site since it is not on central water and sewer services. The Commissioner then expressed concern about the possibility of approving the master plan amendment for the entire 35. 208-acre tract without the oversight ca- pability through a "T" designation on the zoning. Commissioner Martel stated support for the master plan amendment for the entire 35.208 acres. He noted that the staff report does recognize that to change the land use designation on only the 8. 589-acre parcel might be construed as spot zoning; and he feels that type of action should be avoided. The Commissioner then stated that all of the Commissioners have expressed support for economic development activities, including attracting new industry and creating new jobs; and he feels it is time that they now act accordingly. He then encouraged the Commis- sioners to support the Planning Board's recommendation. Commissioner Hawks noted that the staff did address the spot zoning issue and deter- I mined that approval for the one parcel only would not constitute spot zoning. Planning Director Andy Epple stated that three criteria must be considered when ad- dressing the spot zoning issue: (1) whether a single parcel is involved, (2) whether the parcel is small and isolated, and (3) whether the zoning requested would be for the benefit of one indi- vidual rather than the community as a whole. He noted that although only one parcel would be involved if the 8.569 acres is considered separately, it is still about the same size as the in- dustrial area recently approved in the Saccoccia Annexation. He then noted that the staff de- termined that the zoning would benefit the entire community, not just one individual. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission approve the Master Plan Amendment to change the land use designation from limited high- way commercial on Parcel B-1 of Certificate of Survey No. 4A located in the north one-half of the northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Meri- dian. Mr. Jim Brinkman, part owner of Parcel No. C-2 of COS No. 4C, questioned the legality of the motion currently on the floor. He indicated that all discussion has been directed to the entire 35.208-acre tract; and it has now been changed to the 8.S89-acre only since the public hearing was closed. Break - 9:40 to 9:55 p.m. Mayor Stiff declared a break from 9:40 p.m. to 9:55 p.m., to allow the City Attorney an opportunity to consider the issue just raised. I Mayor Stiff asked City Attorney Becker for a legal opinion on the issue raised just prior to the break. City Attorney Bruce Becker stated that the application for the master plan amendment cur- rently under consideration was signed by the adjoining property owners as well as Life Link In- 02-22-88 99 ternational. He also indicated that the advertisement for this public hearing indicated that the entire 35. 208-acre parcel was being considered; and that is the area upon which the public hear- ings before the City-County Planning Board and the City Commission were held. He then sug- gested that the Commission should probably consider the entire 35.208 acres rather than just a portion during the decision-making process. Commissioner Hawks withdrew his motion from the floor and Commissioner Vant Hull with- I drew her second, whereupon the following motion was placed on the floor. It was moved by Com- missioner Hawks, seconded by Commissioner Martel, that the Commission approve the Master Plan Amendment requested by Life Link I nternational for Wi IHam J. and Charlene M. Novak to change the land use designation from limited highway commercial to light industry on Parcels A-2 and C-2 of Certificate of Survey No. 4C and Parcel B-1 of Certificate of Survey No. 4A, all located in the north one-half of the northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull. Adjournment - 9:57 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 02-22-88