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HomeMy WebLinkAbout1988-02-29 100 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 29, 1988 ************************ Orientation Sess ion - 1: 00 p. m . Recreation Superintendent Suzette Harkin stated that she is attempting to make all rec- reation programs cost effective. She then showed the Commissioners a copy of the logo for the I Recreation Department noting this logo will appear on all literature from that department in the future. The Recreation Superintendent then reviewed the various activities in which the depart- ment is involved, beginning with the Swim Center. She noted that last year, the facility spent $141,000 and generated $109,800 in revenues. She indicated that left a $30,000 deficit in op- erations last year; and it is her goal to make that figure even smaller. She noted that hopefully the renovation project currently underway wi II help generate some energy savings; however, the engineer has not projected any savings in that area. City Manager Wysocki reminded the Commission that the purpose of the renovation project is to protect the physical structure, which was beginning to deteriorate, rather than to generate a savings in energy consumption. Mrs. Harkin stated that more amenities, such as a shallow pool and hot tubs, are needed to attract more people to the pool. She indicated at the present time, the facility is unable to attract small children or fami lies with small children. Commissioner Vant Hull asked how many more people the facility could handle, noting there is a point at which capacity is reached. Recreation Superintendent Harkin stated that the lap swimming program and recreational swimming could handle double the number currently using the programs. She noted the facility is large enough to accommodate both programs at the same time. The Recreation Superintendent stated she has 20 part-time employees at the Swim Center, working from two to thirty hours a week depending on their schedules. She indicated they re- I ceive extensive staff training; and they are given a staff manual that details their duties as well as staff rules, pool rules and City policies. She then indicated that the pool has two full-time employees, one who works on maintenance as well as teaching lessons and an assistant pool mana- ger who works nights and weekends. Recreation Superintendent Sue Harkin stated she is currently trying to find monies to re- model the lobby area of the Swim Center. She noted the Recreation Office was recently relo- cated to the old restroom area in the Swim Center; and remodel ing of the lobby would improve access to that area as well as create a nicer area with better air handling and temperature con- trol. She indicated that item had been included as an alternate in the renovation project, but the costs were too high to include it. She noted she is currently working on an alternative plan in an attempt to decrease the costs. Commissioner Vant Hull asked if the chlorine gas is being handled is a safe manner. The Recreation Superintendent stated that the Fire Department now changes the chlorine gas tanks. She noted the pool employees are trained to smell chlorine gas and how to evacuate the public; however, they do not deal with any leaks. She indicated that the chlorine gas does not create a problem in the pool, since that area is entered from the outside of the bUilding. Commissioner Hawks asked about the level of chlorine in the pool, noting that some people with sensitive eyes have difficulty in the pool particularly if they wear contact lenses. Recreation Superintendent Harkin stated the chlorine level in the pool is less than that in the City's drinking water. She noted the problem is the chloramines or imbalances that cause the water to be more acidic than it should be. She noted that 750 people are in the pool in a I day; and that depletes the chlorine supply in the water. She then indicated that she encour- ages individuals with sensitive eyes to wear goggles while in the pool. Commissioner Martel asked if chlorination is done automatically or manually. The Recreation Superintendent stated the system is automatic; and the staff monitors it on a constant basis. She indicated that they also make adjustments as necessary to maintain the proper level. Mrs. Harkin stated that the School District pays $39,000 to use the Swim Center for vari- 02-29-88 101 ous programs during the school year. She noted the figure is based on $20.00 an hour, al- though the actual costs of operation are $33.00 an hour. She also noted that many rural schools also schedule swimming programs; and those cost $2.00 per student per time. She indicated that cost will be raised to $2.50 beginning next school year. She indicated that scheduling during the time periods used by the schools does become difficult at times, since the pool is near or at capacity much of the time. I The Recreation Superintendent then reviewed the Bogert Pool activities, noting it is the only outdoor pool in Montana that pays for itself. She noted that last year, the operating costs were about $29,000; and it generated $36,000 in revenues. She noted it operates close to capac- ity during weekdays, with 250 children bei ng allowed in the pool for anyone session. She stated evenings and weekends are not at capacity. She then indicated this is a recreational pool, appealing to small children and families with small children. Recreation Superintendent Harkin stated that the Recreation Office operates under a rela- tively small budget, which will be expanded by hiring another individual so that an existing em- ployee can devote her time to development and implementation of the summer programs. She indi- cated the Recreation Office is responsible for coordinating recreational activities, weighing each program to determine if it is paying for itself or if there is enough benefit derived for the City to supplement it. She showed the Commission a list of the various groups with which the Rec- reation Office is involved, noting that each group receives different services from that office. Commissioner Vant Hull asked about charging different fees for in-city and out-of-city residents. Ms. Harkin stated that the County budgeted $5,000 for this year's recreation program, with the stipulation attached that out-of-city residents not be assessed a higher fee for the recreation programs than in-city residents. Mayor Stiff asked how many children are unable to participate in recreation programs due to lack of money. The Recreation Superintendent stated that anybody who cannot afford to pay the fee can I request and obtain a scholarship. She also noted that people sometimes work for a portion or all of the fee, including Swim Center passes. Recreation Superintendent Harkin stated that she operates under the Recreation Advisory Board, which reviews various items and makes recommendations to the City Commission for con- sideration. She noted that items recently considered by the Board include revisions to the park ordinance, subdivision review and requests for use of various City faci lities. The Recreation Superintendent stated that the Senior Center is operated under the Rec- reation Department. She indicated that she attends the Senior Citizen Advisory Counci I meetings and passes the information on to the City administration. She then noted that the senior citi- zens will be asking the City for authorization to use $3,000 of their regular operations budget monies for installation of a sprinkler system, noting that they have raised $3,000 toward that project. The Commission thanked Mrs. Harkin 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 29, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung, Commissioner Martel, 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. Mayor Stiff asked if any of the Commissioners wished any of the Consent Items removed I for discussion. Commissioner Vant Hull requested that the application for a Gaming License for one poker machine, submitted by the Molly Brown, be removed for discussion; and Commissioner Goehrung requested that the Mutual Aid Agreement for disaster services be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of February 16, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner 02-29-88 - 102 Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of February 22, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Open bids - five vehicles for various departments (C I P) I This was the time and place set for opening of bids for the purchase of five vehicles for various departments, as follows: one 1988 4-wheel drive economy pickup for the Water/Sewer Department, one 1988 4-wheel drive vehicle for the Waste Water Treatment Plant, one 1988 4-wheel drive 1-ton truck for the Park Department, one 1988 minimum 8600-pound GVW rated truck for the Sanitation Department and one 1988 l-ton truck for the Sewer Department. The City Manager reminded the Commissioners that these vehicles are included in the Capital Im- provement Program. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. The following bids were opened and read aloud: Schedule I Schedule II Schedule III Schedule IV Schedule V Total Neibauer Motors Bozeman, Montana $13,070.00 $11,959.00 - - - - - - - - Don Norem Chevrolet-Buick, Inc. Bozeman, Montana $11,113.99 $11,271.05 $14,946.38 $12,403.55 $15,275.86 $65,010.83 Bozeman Ford Bozeman, Montana $12,061.00 $11,858.00 $14,747.00 $12,624.00 $14,992.00 $66,282.00 I J.e. Billion, Inc. Bozeman, Montana $ - - $ - - $ - - $13,424.00 $16,893.00 - - It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, 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 Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Award bid - oil distributor for Street Department (CIP) City Manager Wysocki submitted to the Commission a memo from Director of Public Service Holmes, dated February 26, 1988 recommending award be made to Western Plains Machinery Com- pany, Billings, Montana, in the gross bid amount of'$21 ,570.00. He noted this bid is within the $22,000 appropriated in the Capital Improvement Program for this item. He also noted that the trade-in allowance in the bid was $500; and Mr. Holmes feels the City could sell the old oil dis- tributor for more than that amount. He then concurred in the Director of Public Service's rec- ommendation. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bid for the new oil distributor be awarded to Western Plains Machinery Company, Billings, Montana, in the gross bid amount of $21,570.00, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commis- sioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, I none. Discussion - right-of-way along North 7th Avenue and possible installation of sidewalks City Manager Wysocki noted that Commissioner Hawks had requested this item be placed on the agenda. He then asked City Engineer Phill Forbes to address the issue. City Engineer Forbes presented to the Commission a map showing the North Seventh Ave- nue right-of-way from Peach Street to Oak Street, as well as the three existing sidewalks. He noted this map was based on the inventory of sidewalks that was completed in the summer of 02~29-88 103 1986; and there have not been any changes made since that time. He indicated there are phys- ical I imitations in the right-of-way, noting that light poles have been denoted on the map as well; and that traffic control signs and fire hydrants also present problems within the right- of-way. The Engineer stated that the right-of-way extends 5i feet from the back of the curb; and the standard sidewalk is 5 feet wide. He further noted that most of the light poles and signs are located 3! feet from the back of the curb. He then suggested that a 5-foot wide side- I walk would be the minimum size along a major arterial. City Engineer Forbes noted that if the sidewalks are installed within the right-of-way, the contract must be administered by the State Department of Highways, since they own that right- of-way. Mayor Stiff asked how the City would keep the Highway Department from filling the side- walk with snow and ice if it is built within the existing right-of-way. City Manager Wysocki noted that problem arises when the sidewalk is installed next to the street, citing Main Street as an example. He noted the property owners have a real problem be- cause they clean the sidewalks; and the snowplows come along and plow the snow and ice back up onto them. The Mayor noted it is very difficult to load and unload from his van in his wheelchair in the winter when the snow and ice are piled up along the edge of the sidewalk. Commissioner Martel noted that good weather does not present any problems; however, the bad weather does. He then suggested the State could plow the snow to the center, piling it on the raised medians. Commissioner Vant Hull asked if it would be feasible to contact all of the property owners and ask them if they would accept installation of a sidewalk on their property outside the right- of-way line. She suggested that paved parking areas could be left as they are, rather than tear- ing out the paving to install sidewalks. Commissioner Martel noted that ditches along North 7th Avenue at Van's IGA and K-Mart could create problems in installing sidewalks, since they are located where the sidewalk would I be. Commissioner Hawks suggested that the installation of sidewalks be coordinated with a po- tential landscaping plan. He also expressed concern about installing a sidewalk immediately ad- jacent to a busy street where the traffic is moving rapidly. He then asked if the City can re- quest the installation of sidewalks on private property immediately behind the right-of-way line. Mayor Stiff stated he feels it would not be good to install a sidewalk along the street. Commissioner Goehrung asked what type of resistance to the suggested proposal could be forthcoming from the State. City Engineer Forbes stated he does not believe the State Department of Highways would resist the proposal; however, if the sidewalk is constructed within the right-of-way, they would be required to complete an environmental impact statement as well as administer the program. Commissioner Hawks suggested that the property owners may be more willing to consider the proposal to construct sidewalks outside the right-of-way if the City were to make a com- mitment to planting trees along the boulevard area. He then noted that he and Commissioner Goehrung are on a committee to determine how the property owners would feel about this type of project. City Manager Wysocki expressed concern about the proposal for landscaping. He noted that only certain types of trees could be located within the median, noting that the size to be installed should be established. He also noted that maintenance, especially watering, is im- portant and suggested that the property owners be somehow involved in that process to ensure that the trees survive. I Commissioner Hawks expressed a desire to see landscaping completed and trees in place for the Centennial in 1989. Commissioner Goehrung suggested that the staff be requested to write a letter to the State Highway Department outlining the City's interests and asking for a response back on what needs to be done to accomplish the project; and the Commissioners concurred. Break - 2:48 to 2:55 p.m. Mayor Stiff declared a break from 2:48 p.m. to 2:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 02-29-88 104 for development of the East Gallatin Recreation orce City Manager Wysocki stated that Peg Hines, representing the East Gallatin Recreation Area Task Force, has requested an opportunity to address the Commission concerning develop- ment of that area. Mrs. Peg Hines gave a brief history of the recreation area. She noted that a former Rec- reation Director, Glen White, wanted to construct a golf course on the old landfill site; but there I was not adequate space. She stated that in 1983, Mr. Glen Hash decided that Glen Lake would make a nice recreational area and approached then Recreation Director Mike Aune with that pro- po sa I . She indicated that a committee was formed to present this proposal to the State Legis- lature in an attempt to obtain monies through the Coal Tax Trust Fund. That application was successful, and $420,000 was set aside for the project; however, before maintenance could be funded, the monies dried up. Mrs. Hines noted that during that process, the City donated 47 acres to the recreation area; and Mr. Hash and Mr. Beyl donated the lake, with those donations totalling $1,202, 102. Mrs. Peg Hines stated that the State Department of Fish, Wildlife and Parks has become concerned about the use this area is now getting because it is unsupervised and unimproved; and they have indicated a possibi Iity of closure. She noted that a citizens' task force, working with the local Department of Fish, Wildlife and Parks as well as the student chapter of American General Contractors (AGR) and Montana State University, have produced a plan for development of the recreation area. Mrs. Hines indicated that to date expertise in various disciplines has been donated; and labor and equipment donations have been made toward actual construction of the project. She noted, however, that I ittle money has been donated; and a substantial amount of materials must be purchased to complete the improvements necessary to keep the area open. She noted that Mr. Ken Hash has donated $5,000 in his father's name; and an additional $1,000 in pledges have been received. She then requested that the City consider matching the $6,000 from its Parkland Trust Fund monies. She indicated the project is estimated to cost $20,000 to $25,000; and the I task force will approach the County Commission for a $6,000 match to help defray the costs. Mrs. Hines then stated that the local chapter of the AGC has pledged to maintain the area after it is improved; and other groups have indicated a will ingness to become involved in the maintenance as well. Mr. Russ Wright, member of the AGC, reviewed the plans for Phase I of the improve- ments to the East Gallatin Recreation Area. He noted that the existing barbed wire fence near the lake area has been removed; and the posts have been driven along the north boundary for a new fence. He indicated they wi II continue around the perimeter of the area, installing a pole fence that is as aesthetically pleasing as possible. He stated in some areas, the grade is steep enough that it has to be changed before the fence is installed. He noted that a steel gate wi II be placed across the road; and it can be closed and locked when necessary. Mr. Wright stated that gravel will be brought in for the parking lot, noting that it will accommodate 60 vehicles and will have parking barriers. He stated a 6-foot wide asphalt walk- way, built to provide handicapped access, will run from the parking lot to the lake area; and a handicapped accessible dock will be constructed. Mr. Wright stated that a 400-foot sand beach area will be constructed, as well as horseshoe pits and a volleyball pit. He indicated that four concrete slabs wi II be poured for picnic tables. Mr. Russ Wright stated that the AGC members are ready to begin work on improvement of the area; however, they need monies before they can proceed. Commissioner Vant Hull asked if any of the old landfi II property is to be involved in Phase I, expressing concern about possible toxic problems. I Mr. Wright stated that Dr. Howard Peavy, professor at MSU, has carefully reviewed the old landfill site and does not feel there are any problems. He noted that the Environmental Pro- tection Agency has also been involved in the review process. Dr. Bob McKenzie, physician at MSU, stated he has been involved with the task force since it first started meeting in September. He stated that Dr. Peavy has been working closely with the Department of Health and Environmental Sciences in Helena on his monitorj ng of the old landfill site. He noted that the underground water movement in that area seems to be from the lake toward the landfill; however, testing of the lake water is also being conducted. 02-29-88 105 Dr. McKenzie stated that the AGC students involved in this project would Ii ke to see it completed by early summer. He noted their expertise and energy are helping to make this proj- ect a reality. He indicated that funding is the crucial part of this project now. He noted the task force is currently undertaking the application process to obtain a tax exempt status; and after that process is completed, a II donations will be tax deductible. Commissioner Vant Hull asked if signs will be posted to discourage recreation area users I from going into the old landfill site. Mr. Chuck Wambeke, member of AGC, stated that has been discussed. He noted a fence does exist between the portion currently being developed and the old landfi II site; and it will be improved as a part of this phase. He indicated that, along with the steep bank, this should dis- courage use of the old landfill area. Mr. Glen Lehrer, Professor of Civil Engineering and advisor for AGR, stated that monitor- ing wells in the old landfi II area will be a part of Phase II. He noted at the present time there appear to be no problems with that site; and the wells will serve as a precautionary measure. Dr. McKenzie stated the task force hopes to make this a community effort; and they don't intend to ask just the City and the County to provide all of the money for development of the recreation area. He noted that the task force will approach service organizations seeking do- nations of cash, labor and materials. Mrs. Peg Hines stated that the Bozeman Daily Chronicle has volunteered to design a logo and sell T-shirts to raise monies. She noted that not much publicity has been done unti I the task force got a budget; and the response to date has been extremely good. Mayor Stiff asked about the handicapped access to be provided to the lake area, noting that a 12 to 1 ratio is standard; and a 3 to 1 ratio would be impossible to negotiate in a wheel- chair. Mr. Wright indicated the walkway from the parking lot to the lake area will be on an 8 to 1 ratio; and the area around a portion of the lake is almost flat. Commissioner Martel asked about the depth of the lake. I Mr. Wright stated the lake is 25 feet deep. He indicated that the edge of the lake will be shaped in the high use areas so that the sharp drops are eliminated. Commissioner Martel asked if motorized boats are to be prohibited; and Mr. Wright indi- cated they are. He noted all non-motorized boats wi II be permitted, such as kayaks and sail- boats. Commissioner Martel then asked if sanitary faci Ii ties are to be provided. He also asked if a covered picnic area is to be constructed in the future. Mr. Doug Haberman, Department of Fish, Wildl ife and Parks, stated that several covered pavilions will be constructed during one of the future phases. He then indicated that one con- crete toilet faci Iity is to be provided in Phase I; and a second one will be installed in Phase II. This is one of the cost items, with an approximate cost of $4,000 each. Mr. Chuck Wambeke reviewed the finances for this project. He noted that the task force developed a conceptual cost estimate for the project, based on paying for all portions of the project; and the total was slightly over $42,000. He indicated that the sanitary facilities to be installed are handicapped accessible; and they are approved by the Department of Fish, Wildlife and Parks. He noted other cost items include materials for the picnic tables and benches as well as the dock. He then indicated that labor and equipment donations have helped to decrease the cost of the project; but the materials purchases must be made before the project can be com- pleted. Mrs. Peg Hines stated that the Recreation Advisory Board has considered this request for $6,000 in Parkland Trust Fund monies and has recommended approval. She noted the Board is I currently working on prioritization of requests for these funds; and they have established this as the second priority. Mr. Glen Lehrer stated the three students actively involved in this project are seniors and would like to see the work completed by June 1 if possible. He also noted that many of the other people involved are anxious to begin work as soon as possible. Commissioner Vant Hull suggested that the Commission consider increasing its contribution to one and one-half times the amount currently donated, or $9,000. Commissioner Hawks asked at what rate monies are being collected for the Parkland Trust Fund. He noted the balance in the fund increased during a high rate of development within the 02-29-88 ___ ..______n_____ ____ 106 city; and he does not foresee any similar development in the near future. Commissioner Goehrung suggested that the Commission be given an accounting of revenues and expenditures from the fund for the past few years, as well as the balance remaining. He indicated that he feels this information is important in determining use of these monies for future projects. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commis- sion authorize the expenditure of up to $9,000.00 in Parkland Trust Fund monies for development I of the East Gallatin Recreation Area. 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. Discussion - guidelines for ad hoc committee to develop a comprehensive sign ordinance City Manager Wysocki noted that a copy of draft guidelines for the ad hoc committee to develop a comprehensive sign ordinance was included in the Commissioners' packets. Commissioner Hawks and Commissioner Vant Hull suggested revisions to the proposed guide- lines; and the Commissioners concurred in those revisions. The Commissioners then accepted the structure, guidelines and objectives, as revised, for the ad hoc committee to develop a comprehensive sign ordinance. Application for Gamin~ License - Molly Brown, 703 West Babcock Street - one poker table - through June 30, 198 City Manager Wysocki reminded the Commission that Commissioner Vant Hull had requested th i s item be removed from the Consent Items. Commissioner Vant Hull stated that she has been hearing that one person might be in- volved or have a proprietary interest in more than one bar in the community. She then sug- gested that the application for the gaming licenses be revised to require a listing of all those with proprietary interest and encouraged the Commission to defer action on this application unti I that information has been obtained. I The City Manager noted that the appl ication form before the Commission at this time is the form that has been used in the past. He suggested that if additional information is desirable or necessary, the application should be revised to request that information. He expressed con- cern about asking for additional information on this application. He indicated the City Attorney should probably review the statutes and ordinances to determine whether additional information can be legally requested. He then recommended that the Commission approve this appl ication. City Attorney Becker indicated that the name on this application for a gaming license is probably the name listed on the liquor license for the establishment. He noted the State does have specific requirements for issuance of those licenses, noting that an individual may own only one liquor license. He also indicated that the Police Department runs an investigation on all new applicants for gaming licenses through its computer system. Commissioner Goehrung asked if this is an annual license; and the City Attorney indicated it is. The Commissioner then encouraged the staff to revise the application prior to the July 1 gami ng license renewal. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commis- sion approve the Gaming License requested on behalf of the Molly Brown for one poker table for the period ending June 30, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. Appointment to Historic Preservation Advisory Commission (3) I City Manager Wysocki submitted to the Commission a memo from Clerk of the Commission Sullivan listing those who have applied. He reminded the Commissioners that one neighborhood and two at-large positions are currently open on this board. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that Keith G. Swenson be appointed to replace Tim Owen as a neighborhood representative, with a term to ex- pire on July 1, 1988; Ellen Nehring as an at-large member with a term to expire on July 1, 1989; and Ronald E. Hess as an at-large member with a term to expire on July 1, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 02-29-88 107 Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Sti ff; those voti ng No, none. City Manager Wysocki reminded the Commission that Commissioner Goehrung had requested I this item be removed from the Consent Items. Commissioner Goehrung asked if this mutual aid agreement is to cover natural disasters, civi I defense or nuclear attacks. The City Manager indicated all of those elements are contained in the disaster plan. He indicated that the plan was completed about two years ago; however, federal approval cannot be obtained until all of the agencies involved have signed the agreement currently before the Com- mission. He then recommended that the Commission authorize him to sign the mutual aid agree- ment. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission authorize the City Manager to sign the Mutual Aid Agreement to cooperate in the pro- visions of disaster services. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your I nformation" items. (1) The City Manager reminded the Commissioners of the Highway Commission meeting to be held in Kalispell on Thursday and Friday, March 3 and 4. He noted that a contingent from Bozeman will submit its proposal for the North 19th Avenue interchange at 2:00 p.m. on Thursday. I (2) Mayor Stiff indicated that the meeting with Highway Commissioners last Friday went very well. He noted two of the Highway Commissioners were present and seemed interested in the project. He stated that representatives of several different groups were present at that meeting, which included an on-site tour. (3) Mayor Stiff stated that ribbon cutting ceremonies for Sky West Airlines will be held at 10:00 a.m. on Wednesday, March 2. He then asked who would be able to represent the City; and Commissioner Hawks indicated he would be willing to do so. (4) Mayor Stiff noted the Commissioners have received copies of a letter from Peat Mar- wick concerning the staffls projected costs of issuing business licenses. He noted it supports the staff's work on those costs. (5) Mayor Stiff asked the Commissioners if they wish to further consider the 3-2-1 proposal, as requested by Mrs. Louise Bowman in her presentation to the Commission last week. He then expressed concern about the tenor of the proposed resolution. City Manager Wysocki noted this resolution is more in the political arena, and does not deal with City business. The Commission then concurred this item should not be placed on the agenda for consid- eration; and if any further consideration is to be given to the topic, a formal written request must first be submitted. (6) Commissioner Hawks noted that the mid-year budget review suggests a major change in the method of assessing fees for licensing of motor vehicles. He stated the revision was to be revenue neutral; however, most people are paying a higher license fee. He noted that I he has licensed two vehicles under the new schedule; and the fees are twice as high as last year's. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Authorize Call for Proposals for Repurchase Agreement for the period April 1, 1988 through April 1, 1989 Application for Gamin License - Bin East Main Street - one video draw po er mac me - throug t Ird machme 02-29-88 108 It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Con- sent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. General Discussion I City Manager Wysocki indicated this ittm had been placed on the agenda to provide an opportunity for discussion on any subject. He then suggested that, due to the late hour, this item be deferred; and the Commissioners concurred. Recess - 4:24 p.m. Mayor Stiff recessed the meeting at 4:24 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the sched- uled public hearings. This was the time and place set for the public hearing on the Zone Map Change requested by Life Link International on behalf of William J. Novak to change the zoning designation on Par- cels A-2 and C-2 of C.O.S. No. 4C and Parcel B-1 of C.O.S. 4A from A-S (Agricultural-Subur- ban) and B-2-T (Community Highway Business, with a Transitional Overlay) to M-1 ( Commercial-- Light Manufacturing). The subject parcels for a 35. 208-acre tract which is located in the north onehalf of the northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana I Principal Meridian, Gallatin County, Montana. 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 Administrator Ron Brey presented the Staff Report. He reminded the Commissioners that the land use designation in the Master Plan was amended from limited highway commercial to light industrial at last week's Commission meeting. He reminded the Commissioners that Parcel A-2 of COS No. 4C contains 15.516 acres, 13.302 acres being zoned 8-2- T and 2.214 acres being zoned A-S; and Sav-Mor Discount currently occupies the structure on that parcel. Parcel B-1 of cas No. 4A contains 8.589 acres, zoned B-2- T, was formerly Gateway Homes and is currently being purchased by Life Link International. Parcel C-2 of cas No. 4C contains 11.103 acres, zoned B-2- T, is the site of the former White's Mobile Home Sales. Planner Brey stated that the staff reviewed this application, considering the twelve cri- teria for conditional use permits, and found it to be generally in compliance with those criteria. He noted that concerns expressed were in regard to buffering, sewage disposal, fire safety and access. He indicated that after conducting its public hearing on this application, the Zoning Commission recommended approval of the requested zone change, adding a "T" district overlay with in-house review as well as specified agency reviews. Community Development/ Zoning Administrator Brey stated that the staff received addi- tional information earlier today as a result of inquiries made after the Zoning Commission meet- ing. He briefly reviewed that information, as follows: (1) The Water Quality Bureau has sewer I system review authority when a change in use involves 25 or more employees. Once the Bureau has been notified that such a change has occurred, they work with the new user to ensure that all disposal requirements are met. If the change involves less than 25 employees, neither the Bureau nor the County Sanitarian have any authority to act until the sanitary faci lities have failed. The State has review authority in the event any subdivision is proposed to ensure an adequate sewage system is maintained. (2) The State Deputy Fire Chief for this area stated existing structures should be approved by the Building Inspector when an occupancy changes, which requires that conformance with all codes, including the Uniform Fire Code, are met. (3 ) Access was reviewed with the State Department of Highways. Under the Bozeman West project, 02~29-88 109 any proposed modifications not done in conjunction with that project might conflict later. Mr. Brey noted that the State does have condemnation authority and may acquire the additional right-of-way needed for that project. Commissioner Martel asked if this type of item would be addressed through the conditional use process. Planner Brey stated that under the conditional use process, conditions may be imposed on a project to ensure it is not detrimental to the public health, safety and welfare. He then noted I that the items I isted above are some of those included in that review process. Mayor Stiff reminded those in attendance at this meeting that the Commission heard testi- mony supporting Life Link at last week's public hearing. He noted the Commission unanimously feels that their proposal is worthwhi Ie, and welcomes them to the community. He noted, how- ever, that the Commission must follow the appropriate land use processes. The Mayor then en- couraged those speaking before the Commission to address th is agenda item, which is a zoning change. Mr. Mike Money, 105 Teton, indicated he has been requested to represent Life Link In- ternational in this zoning process. He reminded the Commissioners that during last week's pub- lic hearing on the master plan amendment for the subject parcels, he reviewed the recent history of development along the U. S. Highway 191 corridor from Main Mall to Four Corners. Mr. Money stated that the existing structure on Parcel B-1 is definitely industrial in na- ture. He then reminded the Commission that the master plan amendment to change the land use designation from limited highway commercial to light industrial on the entire 35. 208-acre parcel was approved by the City-County Planning Board, the City Commission and the County Commis- sion. He noted that the Zoning Commission has recommended approval of the zone change cur- rently under consideration; however I they have recommended that a "T" designation be added to provide in-house review of any proposed development on those three parcels. Mr. Money stated the applicant is very concerned with this recommendation because of possible delays due to the review process. I Mike Money reminded the Commission that Planner Brey had indicated earlier that the struc- ture is to be reviewed by the Building Inspector since the use is changing; therefore, all fire protection concerns wi II be reviewed and addressed. He noted the staff went through the build- ing with representatives from the Bozeman Fire Department as well as the Rae Volunteer Fire De- partment; and they have indicated no problem with the building as it relates to fire protection. Mr. Money then stated the applicant has received its report from Shaffer and Associates concerning the sanitary sewer system. He stated the report indicates a high groundwater table, which was already known, and suggests that an above ground system be utilized, possibly with an extended drainage area. He noted the Sanitarian has suggested that the applicant contact the State as soon as possible to begin the review process. Mr. Money stated that through the City's current zoning regulations, it can address the access concerns without going through the conditional use process. He noted the supplementary regulations provide protection for major arterials. Mike Money then reminded the Commission that the question before them is a zone change from commercial to light industrial, although a portion of one parcel has an agricultural-suburban zoning designati on. He encouraged the Commission to approve the application as it has been sub- mitted, without the addition of a liT" designation as recommended by the Zoning Commission. Commissioner Hawks asked, for the record, c1ari fication of zoning designations currently in existence in the area. Mike Money responded that highway commercial with a transitional over- lay, medium-density residential and agricultural-suburban lie to the east and south; and agri- cultural suburban lies to the west and north. I Mr. Money stated he has developed some charts showing the existing zoning regulations and how the concerns about this application can be addressed without addition of the "T" desig- nation. He indicated he will not review those at this time, but he could address the matter later if the Commission wishes. He then reminded the Commission that any major development of any of these parcels or any subdivision proposals would appear before the Commission for their con- sideration. Ms. Mary Kay Peck, Gallatin County Planning Director, submitted a letter from the Galla- tin County Commissioners recommending that the application for a zone change to light industrial be approved without the addition of the transitional overlay district. She noted that the intent 02-29-88 110 of the "T" district is to create a buffer; and the intent of the T -6 district is to protect the residential development to the east. She noted a number of safeguards are provided in the ex- isting zone code for the M-1 zone, including screeni rg of outside storage as well as accessory uses; and the zone has a building height limitation of forty feet. She also noted that AS-l0 zoni ng in that area requires large tract development. Ms. Peck noted that most of the concerns regarding sanitary sewer, fire protection and access have already been addressed for Parcel B-1. She then encouraged the Commission to approve the application as submitted. I Mr. Mike Reichman, 2904 Langohr, indicated he is the President of the Bozeman Area Chamber of Commerce, whose membership includes more than 600 businesses. He then encour- aged the Commission to approve the zone change as requested, without the "T" designation. Ms. Sandy Matheson Lee submitted to the Commission a petition containing 83 signatures encouraging them to approve the requested zone change, without the "T" designation. She not- ed these are in addition to those which were previously submitted to the Zoning Commission. City Manager Wysocki noted that copies of the petitions submitted at the Zoning Com- mission meeting were included in the Commissioners' packets. He also noted that letters of sup- port from the Bozeman Area Chamber of Commerce, the Gallatin County Commission and Mr. Gene Graf were included. He noted that a letter of support from Mrs. Sandy Colvard was received today; and copies of that letter have been distributed to the Commissioners. Mr. Tom Nygard indicated he has owned a business in Bozeman for the past sixteen years. He noted he is a past member of the Governor's Small Business Advisory Council in 1978 and 1979; and many of the problems and concerns discussed at that time were the same then as they are now. He noted that the suggested solutions are much the same as well. Mr. Nygard then stated that this community needs economic development, such as Life Link, and requested that the Commission approve the zone change as requested, without the "T" designation. Mr. Tom Simkins, 1219 South Cedarview, indicated he is President of Build a Better Boze- man. He urged the Commission to approve the zone change without the addition of a transitional overlay. Ms. Becky Smith, 7016 Baxter Lane, indicated she is the Executive Director of the Galla- I tin Development Corporation. She then encouraged the Commission to approve the zone change without the "T" designation. The Commissioners then asked Mr. Money to do his presentation on the existing zone code regulations. Mike Money submitted his presentation. He noted the permitted uses within the light in- dustrial zone are much more limited than those allowed in the highway business district. He also noted the industrial uses allowed are much less intense than the business uses allowed. He fur- ther indicated that the sanitary facilities will limit the amount of development that can take place on each tract; and those are generally more stringent than the zone code. Mr. Money stated that the setback requirements are more stringent in the M-l zone be- cause those setbacks are governed by adjoining zones. He noted that A-S zone requires a great- er setback than the B-2 requirements. He then indicated that screening of the buildings is also required in the M-l zone; and one of the best techniques is distance. He noted that the exist- ing residential development is about a half-mile away from the proposed rezoning; and the closest building in any other direction is more than one-quarter mile away. Mike Money then reviewed the provisions of the supplementary regulations section of the zone code. He noted that section (1) addresses protection of arterials; (2) does not require water and sewer services be provided for industrial or commercial uses; (3) requires screening for outside storage of materials; and (4) requires landscaping In the yards. He further noted that the parking and loading requirements in the code require that adequate parking must be provided; and the parking lot must be landscaped if more than fifteen spaces are required. He I stated that design standards must also be met, including screening of areas where equipment is parked and dumpster areas. He indicated that on-site I ighting cannot negatively impact sur- rounding areas. Mr. Money then reviewed the various plans that must be submitted prior to the beginning of any construction. He indicated that various departments and agencies review those plans; and any concerns could be adequately addressed without the transitional overlay district being added. Commissioner Goehrung asked Mr. Money if he is addressing the 8. S8g-acre parcel only. 02-29-88 111 Mike Money stated the application is for 3S. 208 acres, which includes all three parcels; and noted that he does represent Life Link, which is interested in the 8.S89-acre parcel. Commissioner Hawks stated he feels that Parcel B-1 of COS No. 4A is somehat different from the other two parcels. He noted that site is generally developed, with the structure being located at the back of the lot and the sanitary sewage facility being located toward the front of the lot. He indicated that these improvements define what will happen on that parcel. The Com- I missioner noted those assurances do not exist on the other two parcels. He noted the structure on the parcel to the west is located toward the front of the lot; and when the Bozeman West project is completed, it wi II be immediately adjacent to the highway right-of-way. He also noted that the parcel to the east is generally undeveloped at this time. Commissioner Hawks then stated he feels that the concerns expressed by the Zoning Com- mission have been adequately addressed on the 8. S89-acre parcel; and adequate review require- ments are currently in place. He indicated that concerns still remain about buffering and en- suring adequate amenities on the other two parcels. He noted that the regulations provide some assurance; however, he does not feel all concerns can be adequately addressed without a "T" designation on those two tracts. Mr. Money noted that his major emphasis is on the 8. 589-acre parcel upon which Life Link wishes to conduct its business, stating that he feels a I( of the concerns have been adequately addressed for that parcel. He then indicated that the application for the 35.208 acres was sub- mitted to avoid the potential of getting halfway through the process and having spot zoning be- come a major issue. Mayor Stiff closed the public hearing. It was moved by Commissioner Coehrung, seconded by Commissioner Hawks, that the cus- tomary one-week waiting period be waived. 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 Hawks noted that a review of the master plan is currently being conducted; I and he feels that some review controls should be provided to ensure that development of the two peripheral parcels is compatible with other development in the area. He noted potential problems could be averted by adding the liT" designation to possible rezoning of Parcels A-2 and C-2 of COS No. 4C. Commissioner Vant Hull stated concurrence with Commissioner Hawks' comments. Commissioner Martel indicated that he feels the application should be approved as sub- mitted, with no "T" designation added to any of the parcels. Commissioner Goehrung noted that the Life Link proposal will be going through in-house review due to its nature; however, the Commission does not have that same guarantee on the sur- rou nd i ng properties. He noted if an industry with less than 25 employees were to locate on one of those properties, no review of the sanitary sewer facilities would be conducted until the sys- tem failed; and that is cause for concern. He then indicated support for adding the "T" desig- nation to those two parcels. Commissioner Hawks reminded the Commissioners that technically they are considering a zone change, not the Life Link proposal. He then indicated that if one can be satisfied that the sanitary sewer and highway access items for Parcel B-1 of COS No. 4A can be reasonably met through existing review standards, there is no need to add a "T" to the requested zone map change. He noted he is concerned about buffering for the surrounding properties; and the items to be addressed under the T -6 district will help ensure that those concerns are addressed. The Commissioner stated he feels the Commission is ob ligated to take whatever action is neces- sary to ensure that development of the parcels is compatible with surrounding uses. I Commissioner Martel noted that the majority of the testimony given tonight has been from the business community for economic development. He does not feel that any compelling reasons have been given to place a "T" on any of the 3S.208 acres under consideration. He noted the process followed for development in a transitional zoning district is cumbersome and sometimes unworkable. Commissioner Vant Hull stated she feels that the Commission should retain all of the con- trols and reviews possible on the two peripheral properties. Commissioner Hawks concurred that the "T" zoning is far from perfect; however, it does provide some guidelines for future development of the peripheral properties. 02-29-88 112 Commissioner Goehrung noted that SOme concerns about buffering have been expressed; and the "T" designation should provide enough oversight to address potential impacts on sur- rounding properties. Commissioner Martel stated he feels that Gooch Hi" Road and U. S. Highway 191 provide natural buffers. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission approve the Zone Map Change requested by Life Link International for William J. Novak I to change the zoning designation from B-2- T (Community Highway Business, with a Transitional Overlay) to M-l (Commercial--Light Industrial) on B-1 of Certificate of Survey No. 4A and change the zoning designation from A-S (Agricultural-Suburban) and B-2-T (Community Highway Business, with a Transitional Overlay) to M-1- T( 6) (Commercial--Light Industrial with a Tran- sitional, District No.6, Overlay), with the entire Conditional Use Permit process to be followed, on Parcels A-2 and C-2 of Certificate of Survey No. 4C, all located in the north one-half of the northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Merid- ian. Break - 8:30 to 8:33 p.m. Mayor Stiff declared a break from 8:30 p.m. to 8:33 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. The following amendment to the main motion was placed on the floor: It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the revi eoN of plans for develop- ment on Parcels A-2 and C-2 of Certificate of Survey No. 4C, to be zoned M-1-T(6), be con- ducted as in-house reviews unless the Zoning Commission requests the public hearing process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commissioner Martel asked the City Attorney if the addition of the "TII on the zoning re- quested for the two peripheral parcels will create spot zoning or create any legal problems, asking if the distinctions enumerated are justifiable. City Attorney Becker stated he feels the concerns and distinctions enumerated justify the addition of a IITII to the zoning for the two peripheral parcels. He also indicated that he feels that position could be defended in the court system if the need arose. The main motion, as amended, then carried by the following Aye and No vote: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. - Zone Code Amendment - City Commission - amend Section 18.66.010 of the Boze- o e to provl e or SIX mem ers on t e Board of A justment This was the time and place set for the public hearing on the Zone Code Amendment re- quested by the City Commission to amend Section 18.66.010 of the Bozeman Municipal Code to pro- vide for six members on the Board of Adjustment. Mayor Stiff opened the public hearing. Community Development/Zoning Administrator Ron Brey presented the Staff Report. He noted that in December 1987, the Board of Adjustment expressed to the Commission its desire to expand the membership from five to six persons. He reminded the Commission that a 1987 legis- I lative change allowed the expansion of the Board of Adjustment from five to seven members, with local entities determining the actual number of members on that board. The Planner stated that the City Commission did review the request and concurred in the recommended increase in member- ship; and the staff was subsequently directed to process the necessary Zone Code Amendment. Planner Brey stated that the Zoning Commission conducted its public hearing on the Zone Code Amendment, after which it recommended approval. He noted this Amendment provides for a membership of five to seven persons, which will avoid the need for an amendment in the future if the number of members changes. He indicated the language in this amendment is the same as 02-29-88 113 that found in the State statute. No one was present to speak in opposi tion to the proposed Zone Code Amendment. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, 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 Vant Hull, Commissioner Martel, Commissioner I Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the Zone Code Amendment to amend Section 18.66.010 of the Bozeman Municipal Code to provide for a change in the number of members on the Board of Adjustment. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those vot- ing No, none. Adjournment - 8:43 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. 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. ALFRED M. S I IfF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I 02-29-88