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HomeMy WebLinkAbout1988-06-20 259 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 20, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 20, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Vant I Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Hawks was absent in compliance with Sec- tion 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent I tems be removed for dis- cussion. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that action on the minutes of the regular meeting of June 13, 1988 be tabled for a period of one week to allow Commissioner Hawks an opportunity for review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Preliminary Plat review - Bridger Peaks Estates Subdivision - Kerin and Associates for Johnston Excavating, Inc. - 23.34-acre tract located in the Ei EL Section 10, T2S, R5E, MPM (south of Durston, east of Valley Unit, Phase I, north of West Babcock) This was the time and place set for review of the preliminary plat for Bridger Peaks Estates Subdivision. The subject 23.34-acre tract is located in the east one-half of the east one-half of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. It is more commonly located south of Durston Road; east of Valley Unit Subdivision, Phase I; and north of I West Babcock Street. A preliminary plat for the subject parcel was approved three years ago, as Valley Unit Subdivision, Phase IIA. Planner Bill Murdock presented the Staff Report. He stated that under this preliminary plat, the 23.34-acre parcel will be divided into two phases. Phase I, which is the northern portion, will contain 32 single-family lots; and Phase II, which is the southern portion, will contain 28 single-family lots and 4 townhouse parcels. He indicated that the City-County Plan- ning Board conducted the public hearing on this preliminary plat at its regular meeting held on June 9, 1988. He stated that, following that public hearing, the Planning Board recommended approval, subject to eighteen conditions. He noted that the Board also recommended that the City staff review the issue of delinquent special assessments currently outstanding on the sub- ject property. The Planner then indicated that the staff would recommend a change to one of the conditions. Planner Murdock indicated that issues of concern on this application include park dedica- tion, traffic and off-site improvements. He noted that during original platting of the Valley Unit Subdivision, the parkland dedication exceeded requirements by five acres for all of the phases under consideration at that time. He stated that, since this subject parcel was a portion of that original phasing, the parkland dedication requirements have been met; therefore, no parkland requirements apply to this application. The Planner then addressed the concerns about traffjc and off-si te improvements. He in- dicated that the Planning Board supported the staff's recommendation that the developer be re- quired to pave the 650 feet of Durston Road from the point to which the City and County are to I pave the road this summer to the west edge of this subdivision. He indicated this is necessary since the existing roadway cannot support any additional traffic. He stated the paving of this street wi II alleviate additional traffic loads on West Babcock Street, with its intersection problems at Main Street, as well as additional traffic on West Main Street. He then indicated that the re- quirement to pave Durston Road is a trade-off from prior approval of the preliminary plat for the subject property, which required a traffic study as well as improvement of West Babcock Street. Planner Murdock stated that Condition No. 8 for approval is that the applicant install cul-de-sacs on Toole, Cascade and Broadwater Streets. He noted that those cul-de-sacs are to 06-20-88 260 extend approximately 100 feet east of the property line; therefore, the staff recommends that the applicant be allowed to pursue an acceptable alternative with the City Engineer if he is unable to obtain permission to install those cul-de-sacs from the adjacent property owner. Planner Bill Murdock stated that under this application, Phase I is to be approved for a one-year period; and Phase II is to be approved for a three-year period. He noted this wi" cause a different timeline for installation of improvements for each of the phases. City Manager Wysocki distributed to the Commission a proposed Condition No. 19, addres- I sing the delinquent special assessments on the subject property. He indicated that this condi- tion basically acknowledges that delinquent assessments do exist and recognizes that the tax sale process is underway. He noted that if the current owner or any purchaser does not bring those delinquencies up to date by January 1989, the County or the City may receive the deeds to those parcels. City Attorney Becker asked the applicantls attorney, Jim Johnstone, if the condition is acceptable as written; and he indicated that it is. City Manager Wysocki asked if the recommended change to Condition No. 8 js acceptable to the applicant; and Rick Kerin indicated it is. Mayor Stiff asked if the remaining seventeen conditions are acceptable to applicant, as recommended by the Planning Board; and Jim Johnstone indicated they are. Commissioner Vant Hull asked if the developers plan to have the two phases fully devel- oped by 1990. She also asked if they anticipate expanding to the west jf this development is successful. Mr. Rick Kerin indicated that Mr. Dave Johnston wishes to get the improvements for Phase I installed as soon as possible and get the lots on the market. He noted they would like to get those lots sold and begin improvements on Phase II as soon as possible. He then stated that this is the only property in the immediate area which they own; therefore, he does not anticipate doing any further development. Commissioner Martel noted that the timeline for delinquent assessments is the same for both phases, even though the development timeline is different. He then asked if the applicant I plans to bring the assessments current if the lots are not sold prior to the redemption date. Mr. Rick Kerin indicated the applicants wish to separate this subdivision from the Valley Unit development. He noted that the special assessments for water and sewer are the only link to that former subdivision. He then indicated that it is Mr. Johnston's goal to clear the delin- quent assessments if possible, so that new purchasers are not required to cover those costs as well as purchase of the lot. Commissioner Martel questioned the condition requiring the applicant to pave 650 feet of Durston Road, even though a portion of that road does not abut his property. Planner Bill Murdock stated that paving will make the lots more salable. He noted that the County will not allow additional traffic on Durston Road in its current condition because of the maintenance problems incurred. He then indicated that paving of Durston Road will directly benefit the subject development; and after that paving is completed, the developer will not be asked to participate in improvement of the streets along the southern end of the property. Commissioner Goehrung asked if realignment of the stream is to be done just through the lots or if it is to include the park area. He also asked if that stream setback is to be open to the public. Planner Murdock stated that realignment of the stream is limited to the lots only. He then noted that the stream will flow through private lots; therefore, it will not have public access. Mayor Stiff asked about delinquencies outstanding on each lot. Administrative Services Director Gamradt indicated that the total special assessments out- I standing on the subject tract is approximately $44,000, or roughly $800 per lot. He noted that the delinquencies currently total approximately $27,000. He noted these assessments are for water and sewer on Iy. City Manager Wysocki recommended that the Commission approve the preliminary plat, subject to Condition Nos. 1 through 18 as recommended by the City-County Planning Board, with the suggested addition to Condition No.8, and Condition No. 19 as submitted by the staff. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the preliminary plat for Bridger Peaks Estates Subdivision, a 23.34-acre tract 06-20-88 261 located in the east one-half of the east-one half of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. That all existing structures that do not conform with area zoning re- quirements shall be moved or brought into conformance prior to final plat approval; 2. That park boundary markers be installed at regular intervals where lots and streets adjoin the adjacent park, subject to City Park Superintendent I approval; 3. That the property owners of record shall enter into a parks maintenance district for the purpose of maintaining and developing the park in Block 28 of Valley Unit Subdivision, Phase I; 4. That the applicant shall obtain a 310 permit for the un-named creek and identify a 35-foot stream setback easement on the final plat, and that the conditions of approval for the 310 permit be part of the conditions of ap- proval granted for this application; 5. That a weed control plan shall be submitted for the review and written ap- proval of the County Weed Control Board prior to final plat approval; 6. That the final plat shall contain the following notation regarding high groundwater on the property prior to final plat approva I: "Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full basements be constructed. If daylight basements are in- corporated in the construction of homes, they should not be a depth greater than three feet below the top of the curb of the street from which it is served." 7. That the 649. 90-foot section of Durston Road from the northeast corner of Section 10, T2S, R5E, to the subdivision's western property I ine on Durston Road shall be paved in accordance with Gallatin County Road Office approval, prior to Phase I final plat approval; 8. That temporary cul-de-sacs shall be installed for Toole, Cascade and Broadwater Streets, as shown on the preliminary plat unless an alternative is reviewed and approved by the City Engineer, and that the cul-de-sacs I be declared as fire lanes and shall be marked accordingly to preclude on- street parking in these locations; 9. That right-of-way for Toole Street between Meagher Avenue and the public park be reduced to thirty (30) feet and paved to a hard surface standard reviewed and approved by the City Engineer; 10. That the property owners of record shall file with the Gallatin County Clerk and Recorder waivers of right to protest the creation of 5.1. D. IS for im- provements to West Babcock Street and Durston Road, prior to Phase I final plat approval; 11. That a "no access" strip be del ineated on the final plat prohibiting access to Lots 3 and 4, Block 13, via West Babcock Street; 12. That a property owners' association and covenants shall be formed and doc- umented; the documents shall be submitted for review and approval by the City Attorney and Planning Director, signed and notarized, prior to final plat approval; 13. That the final plat shall contain all required certificates and appropriate language as required by the Bozeman Area Subdivision Regulations and Planning Staff; 14. That Montana Department of Health and Environmental Sciences approval shall be obtained prior to final plat approval; 15. That all street, water, sanitary sewer, storm drainage and fire hydrant im- provements shall be reviewed and approved by the Planning Director and City Engineer and installed prior to approval for each phase; I 16. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and con- ditions of approval. I f the final plat is to be approved prior to the in- stallation of improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to the amount of 150 percent of the cost of the remaining improvements; 17. That the final construction plans and profi les for all streets, water, san- itary sewer, storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and approval by the City Engineer pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regulations; 06-20-88 262 18. That a ditch lateral relocating the irrigation ditch crossing Meagher Avenue and Lot 2, Block 28 t be relocated according to review and approval of the City Engineer and the water user; and 19. That the owner /appl icant acknowledges that the property which is the sub- ject of the preliminary plat has delinquent special improvement district assessments owing on said property. The owner/applicant further acknow- ledges that pursuant to Title 15, Chapter 17, M. C. A., the property has been the subject of a tax sale which occurred on or about July 7, 1987, and that the City has informed the owner/ applicant that the redemption I period for said tax sale expires on or about January 7, 1989, pursuant to 915-18-111, M.C.A. The owner/applicant further acknowledges that the City has informed him that the parcels created by the plat are subject to having a tax deed issued if the del inquencies are not brought current prior to January 8, 1989, and therefore acknowledges that the SID delinquencies on each parcel must be brought current to prevent that parcel from being deeded to the county/city on January 8,1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1260 - adopting the Uniform Plumbing Code, 1985 Edition, as amended City Manager Wysocki presented Ordinance No. 1260, as prepared by the City Attorney, entitled: ORDINANCE NO. 1260 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.08 OF THE BOZEMAN MUNICIPAL CODE PRO- VIDING FOR THE ADOPTION OF THE UNIFORM PLUMBING CODE BY ADOPTING THE MONTANA AMENDMENTS TO SAID CODE AS PROMULGATED BY THE DE- PARTMENT OF COMMERCE AND SET FORTH IN THE ADMINISTRATIVE RULES OF MONTANA AT 98.70.301 ET SEQ. ADMINISTRATIVE RULES OF MONTANA. The City Manager reminded the Commission that this Ordinance was provisionally adopted on June 6, 1988. He then recommended that it be finally adopted at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1260, adopting the Uniform Plumbing Code, 1985 Edition, I as amended by the State of Montana Department of Commerce. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Renewal of Gaming Licenses - various establishments - July 1, 1988 through June 30, 1989 City Manager Wysocki presented to the Commission a list of 18 establishments which have submitted applications, along with the required fees, for renewal of gaming licenses for video draw poker machines, electronic keno/bingo machines, card tables and live bingo games. The City Manager then recommended that the Commission approve the renewal of the following-listed gaming licenses; APPLICATIONS FOR RENEWAL OF GAMING LICENSES July 1,1988 through June 30,1989 American Legion 4 poker machines 225 East Main 2 keno/ bingo machines $ 600.00 Bingo World 5 poker machines 237 East Main 1 bingo machine 1 live bingo game 850.00 Bozeman Restaurant & Lounge, Inc., dba Holiday Inn 5 Baxter Lane 1 poker machine 100.00 Bozeman Senior Social Center I 807 North Tracy 1 live bingo game 250.00 Cats Paw 5 poker machines 721 North 7th Avenue 5 keno/bingo machines 1 card table 2,000.00 GranTree Inn 5 poker machines 1325 North 7th A venue 1 card table 1,500.00 Haufbrau, Inc. 3 poker machines 22 South 8th Avenue 1 keno/bingo machine 400.00 06-20-88 263 Hipshots Lounge, Inc. 513 West Aspen 2 poker machines 200.00 JW's Hide-A-Way Lounge, Inc. 5 poker mach ines 1631 West Main 1 keno/bingo machine 600.00 Little John's Bar 5 poker machines 515 West Aspen 2 keno/ bingo machines 700.00 I Montana Pizza, Inc. dba Godfather's Pizza 200 South 23rd Avenue 1 poker machine 100.00 Rocking R Bar 211 Ea s t Ma in 5 poker machines 500.00 Scoop Bar 4 poker machines 712 West Main 2 keno/ bingo machines 600.00 Scoop Card Room 712 West Main 1 card table 1,000.00 The Crystal Bar, Inc. 5 poker machines 123 East Main Street 1 keno/bingo machine 600.00 The Fi II ing Station, Inc. 2005 North Rouse 3 poker machines 300.00 Village Inn Pizza Parlor 806 North 7th Avenue 1 poker machine 100.00 Willie's Saloon 1332 East Main 1 card table 1 ,000.00 TOT AL - 18 applications $ 11,400.00 Commissioner Martel asked if there is an increase in the number of machines being lic- ensed this year over last year. City Manager Wysocki indicated that not all of the applications have been submitted for I renewal; therefore, he cannot respond to that question at this time. He noted that the remain- ing applications will be submitted at next week's meeting for action. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the renewal of Gaming Licenses as listed for the period July 1, 1988 through June 30, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those vot- ing No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) An invitation from the Military Affairs Committee of the Bozeman Area Chamber of Commerce to a reception to be held at 5:30 p.m. on Thursday, June 30, 1988. (2) An agenda for the meeting of the Governmental Affairs Committee of the Bozeman Area Chamber of Commerce, which was held at noon today. (3) The weekly water report, for the week ending June 15, 1988. The City Manager briefly reviewed the report. He noted that the second page, which shows influent and effluent for a two-week period, is new this year. Commissioner Martel indicated appreciation for the weekly report. He requested, how- ever, that each line be converted to gallons to reflect a common denominator that is more under- standable to the lay person. He further requested that, rather than peak demand for the water I treatment plant, the highest daily average demand be shown. He indicated he feels that inform- ation would be more relevant and reflect a more accurate picture of water usage. Mayor Stiff asked if odd/even watering restrictions will be imposed in the near future. The City Manager indicated that when demand begins to reach 7.5 million gallons per day on back-to-back days, the staff wi II consider restrictions. He noted in the meantime, however, the staff will closely monitor the situation. He then stated that having watering restrictions two of the past three years has made people more aware of conservation measures, and they seem to be applying those on their own. 06-20-88 264 City Manager Wysocki then stated that Hyalite Reservoir is now full; however, stream flow into the reservoir seems to be down and most of the snow has melted out of the hills. (4) A copy of the agenda for the Highway Commission meeting to be held on Friday in Helena. The City Manager indicated that he anticipates someone from the City staff will be at- tending that meeting. (5) A letter from Bob Macdonald, 11 Hoffman Drive, for the Woodbrook Townhouse Association, concerning Clair Daines' failure to clean up his encroachment on Langohr Park and I plant large trees to screen the Southwood commercial development. The City Manager indicated that he has contacted the Planning staff to have them review this matter. (6) Commissioner Martel noted there is a large pile of dirt in Langohr Park, which people have been taking, and suggested that should possibly be leveled out. The City Manager indicated that the City is using that dirt in other park areas. He not- ed that it must be stored somewhere; however, it might be relocated if necessary. (7) Commissioner Vant Hull reported on the League Board of Directors meeting held on Friday. She noted that Alec Hansen is conducting district meetings; and he has scheduled the District 10 meeting for 10:00 a.m. on Tuesday, June 28. She stated the meeting is to be held in the Community Room of the Library if it is available. The Commissioner then indicated that she had mentioned that Mr. Jim Durkin has stated an interest in addressing the League convention concerning the gaming industry. She stated the League has a policy to not include controversial issues at its conventions unless both sides are represented, therefore, the request seems inappropriate. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Request for permission to conduct Montana State Criterium Championship - Gallatin Valle Bic c1e Club - Sunday, June 26, 1988 - Ravalli Street, East ranite Street, Fallon Street and Pondera Street Authorize Call for Bids - Seal coat, overla , bituminous plant mix and cold milling or overlay I Authorize Mayor to sign - Agreement with the Montana Department of Fish, Wildlife and Parks and Assurance of Com liance for LWCF Pro'ect No. 30-00616 (Jarrett ark It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Con- sent I tems 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 Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 2:49 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission 06-20-88