Loading...
HomeMy WebLinkAbout1988-07-18 292 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 18, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 18, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks. Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, I City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent I tems be removed for dis- cuss ion. Minutes Mayor Stiff indicated that he has some questions about the minutes and requested that action be deferred for a period of one week to allow him an opportunity to seek answers. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that action on the minutes of the regular meeting of July 11, 1988 be tabled for a period of one week. 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. Open bids - scales for landfill This was the time and place set for the opening of bids for a scale for the landfill. The affidavit of publ ication for the advertisement for bids was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be opened and read. 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 The following bids were then opened and read: License No. Base Bid Annual Mtnce Agree Kearns Construction, Inc. Bozeman, Montana 6831 A $28,112.00 $4,880.00 5-year Guardian warranty Gallatin Scales, Inc. Manhattan, Montana 2801 B $24,400.00 $ 190.00 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, 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 Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Award bids - seal coat, hot mix overlay, cold milling and hot mix overlay, and bituminous plant mix - This was the time and place set for the award of bids for seal coat, hot mix overlay, cold milling and hot mix overlay, and bituminous plant mix, to complete street improvement projects during the summer. City Manager Wysocki submitted to the Commission a memo from Director of Public Service Forbes recommending that the bid be awarded to Pioneer Ready Mix, Bozeman, Montana, in the I bid amount of $149,561.50, it being the lowest and best bid received; and concurred in that re- commendation. Commissioner Hawks noted that reference is made to a change order to decrease the amount of the project in the next paragraph of the memo submitted. The City Manager stated that the City had budgeted $137,000.00 for street improvement projects for this summer. He indicated that award of the bid must be based on the bids receiv- ed; however, a change order to decrease the amount of work to be completed will be completed 07-18-88 293 at the time the contract documents are signed so that the project will fit within the amount bud- geted. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the bid for seal coat, hot mix overlay, cold milling and hot mix overlay, and bituminous plant mix be awarded to Pioneer Ready Mix, Bozeman, Montana, in the bid amount of $149,561.50, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those vot- I ing Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. Discussion - exchange of security for SID Nos. 649, 650 and 651; Commission Resolution No. 2705 - authorizing City Manager to sign necessary documents City Manager Wysocki presented Commission Resolution No. 2705, as prepared by the City Attorney, entitled: RESOLUTION NO. 2705 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONVEYANCE OF REAL PROPERTY FROM THE CITY OF BOZEMAN TO ROGER AND ROSALIND SMITH. The City Manager reminded the Commission that a part of the security for Special Im- provement District Nos. 649, 650 and 651 was an escrow account with sufficient cash to cover three assessment periods, based on the amount of property in Smiths' ownership; and a part of it was a warranty deed to a 25-acre parcel at the corner of Durston Road and North 19th Ave- nue, which was to be filed in the event the property owner failed to make his assessment pay- ments. He stated that the property owner failed to make two of his assessment payments; and the monies were taken from the escrow account. He indicated that the City exercised its author- ity to file the warranty deed in June to ensure the ability to cover those assessment costs with- out passing them on to the taxpayers. City Manager Wysocki stated that, subsequent to the City's filing of the deed, the Smiths' I have found a buyer for a portion of that 25-acre parcel and have requested that a land ex- change be made. He noted the Fellowship Baptist Church has indicated an interest in purchas- ing approximately three acres, a portion of which is currently the City's property. He reminded the Commission that the City's policy encourages diversity of ownership within a special improve- ment district. The City Manager stated that under the proposal submitted by the developer, the City would exchange its current 25-acre parcel for a parcel that is narrower and longer, running along North 19th Avenue from Durston Road to Oak Street and containing 27 acres, with the same monetary value attached as before. He then recommended that the Commission adopt Com- mission Resolution No. 2705, authorizing the transfer of land security. Commissioner Vant Hull noted that the proposed purchase of the three acres by a church will result in that property being taken off the tax rolls. She then asked how much is currently being paid in property taxes. Mr. Roger Smith indicated that taxes are approximately $10 to $12 per acre at the present time. The City Manager reminded the Commission that the special assessments on the property must still be paid, even though it may be owned by a church. Commissioner Hawks asked if proceeds from the sa Ie of the property to the church are to be turned over to the City to cover the payments in arrears. City Manager Wysocki stated that under this proposal, properties would be exchanged to ensure that the City retains the property escrow. He further indicated that monies to cover I three payments of the special assessments will be required; however, that amount will be de- creased from the original amount to cover three payments on the properties currently in the Smiths' ownership. Commissioner Martel asked if the original property security was inside the special im- provement district boundaries and asked if the new parcel is to be inside or outside. The City Manager indicated both the old and the new parcels are located outside the spe- cial improvement district boundaries. 07-18-88 294 Mayor Stiff asked if it would be in the City's best interests to expect the cash from the sale of the property rather than additional land as security, since that will result in the City's selling of the property to get the cash to cover the assessment costs. City Manager Wysocki reminded the Commission that the original intent of the security for these special improvement districts was to have adequate monies to cover three payments. He noted the land would then provide the security to cover additional payments if necessary. He then cautioned that the developer may have other costs which are to be covered by the proceeds I from this sale. Mayor Stiff asked if the City will be responsible for taxes on the property held as secu- rity. City Attorney Becker stated it is not contemplated that the City would be responsible for the taxes on the property held in escrow. He noted that is to be a part of the agreement for this land exchange. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2705, authorizing the City Manager to sign the nec- essary documents to exchange the security for Special Improvement District Nos. 649, 650 and 651. 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. Presentation from ad hoc committee re regulatory procedures City Manager Wysocki stated a copy of the ad hoc committee's report concerning regula- tory procedures was included in the Commissioners' packets. He then noted the three members of that committee are present to review the report. Mr. Roger Craft stated the report was prepared by a Gallatin County native, a transplant of 28 years, and a newcomer who has been here just one year. He stated that on March 14, 1988, the three received a request from the City Commission to create a proposed model for re- vamping of the review process for land use issues. He noted the request was the direct result I of processing the Life Link proposals; however, that was only one of many similar instances. Mr. Craft stated the committee members interviewed prior applicants, City staff and the City Commissioners about the current system, after which they addressed the items of concern. He noted under the present structure, professional drawings are required before staff review is undertaken. He also noted that the staff is responsible for administering sometimes subjective or unclear ordinances. Also, the Commission is responsible for making design decisions, which are more properly made by professionals, often in a pressure atmosphere or in reaction to a prob- lem. Mr. Craft noted that he has served on the Zoning Commission for the past nine years, during which time they have heard several requests for development on the south side. He not- ed that concerns about traffic on South Willson Avenue and pedestrian/bicycle/ vehicular con- flicts on South Third Avenue have been raised during many of those reviews. He also noted that almost every neighborhood has questioned how the City has allowed a specific development to happen. He stated that transitional districts have also created many conflicts. Mr. Roger Craft then cited a recently approved annexation, in which the developer is re- quired to install the roadway system before the first building is constructed. He noted that wi II result in a $1 million outlay before any development is allowed; and he questioned the practi- cal ity of such expectations. He then cited other recent and pending developments which have incurred problems as a result of the current system. Mr. Craft noted that the City and County must agree on the development process, follow- ing the same type of process, to ensure orderly growth. He also noted that steps should be I taken to protect the quality of life in the city and the county. Mr. Dan Kamp stated he has served on the City-County Planning Board, as well as being an applicant through the land use process. He posted a chart showing the timel ine for a pro- posal which must go through a master plan amendment; zone map change; and a conditional use permit, resulting from a transitional overlay designation; and through the construction phase under the current process. The chart also showed a timeline for the same proposal through the proposed process contained in this report. He noted that the proposed process is much more efficient and requires a shorter time frame; however, it does provide an adequate amount of time 07-18-88 295 for staff review and provides the opportunity for public input. He indicated that the staff can more efficiently address the proposal if it has the ability to write one staff report addressing the entire proposal, noting that at the present time, a separate staff report must be written to ad- dress each segment. He also noted the public could attend one public hearing, stating all con- cerns, rather than being required to attend several hearings and repeat all of the comments. Mr. Kamp stated that he feels the proposed revisions allow an opportunity to address the con- I cerns and allows the City to protect those items which need to be through a better mechanism. Mr. Keith Swenson noted the Planning Board is currently torn between the City, the County and the law, as reflected in a recent issue of the local newspaper. He quoted some of the key phrases from that article, noting they are out of context; however, they do indicate a need to review the process carefully. He then indicated he has thirty years of experience in the urban planning process, including land use regulatory law. He noted that the problems cur- rently faced locally are typical; however, the City is willing to address those problems. Mr. Swenson noted that at the meeting held in early April, to gain public input on goals and policies for the planning function, about 140 people participated. He noted that during that meeting, approximately 317 issues were raised. He noted about 96 of those specifically address- ed administration and the review process; and 79 of those are addressed in the report and rec- ommendations. He indicated that 34 of the remaining issues are addressed in the report also, thus giving the City a suggested method for addressing those items. Mr. Swenson then encouraged the Commission to take expeditious action to the committee's recommendations, noting that it would be beneficial to address as many of the concerns as quick- ly as possible. Commissioner Vant Hull asked several questions about the report. S he noted the one suggestion is that the jurisdictional area be decreased or increased to include those areas which are likely to develop in a realistic timeframe, questioning what that means. Mr. Roger Craft indicated the City must determine the amount of time, whether it be a 25-year, 50-year or 100-year period. He noted that planning must be done on a reasonable ba- I sis, rather than trying to control development on a far-reaching basis. He also cautioned that the jurisdictional area must be constantly updated to ensure orderly development. Commissioner Vant Hull asked about the comment concerning the pol icies in the current master plan, "most of which are loosely stated goals or objectives. II Mr. Keith Swenson noted that more specific goals and policy statements are necessary. He stated at the present time, goals, policies, objectives and implementation statements are often included under the same heading. He also noted that the same item may be addressed in differ- ent statements, sometimes confl icting. He also indicated that the policies need to be more strongly stated, noting at the present time only one contains the word IIwill. II Commissioner Vant Hull asked about the proposed combining of the Planning Board and Zoning Commission into one body containing eleven members. She questioned the proposed mem- bership, noting it would include two members from the jurisdictional area appointed by the City Commission. Mr. Craft stated the committee felt that the proposed structure for membership, which includes the basic composition of the planning board plus two appointed by the City Commission from the jurisdictional area, would provide a balanced body. Mr. Swenson reminded the Commission that the body would be advisory to the City Com- mission and the County Commission and would be unable to make any final decisions on its own. He then noted that, although a majority of the rezoning issues occur within the city, a large portion of the master plan amendments requested are located in the jurisdictional area. Commissioner Vant Hull noted that the City does have a Capital I mprovement Program I which does include infrastructure items. She noted, however, that the major barrier is financ- ing. Mr. Roger Craft indicated that the committee is aware of those problems. He noted, how- ever, that the community's arterial system needs to be addressed; and innovative financing may be needed to accompl ish that. Commissioner Martel noted that under the proposed plan, the amount of time needed for staff review and preparation of staff reports will be decreased, thus allowing the staff an op- portunity to address other items of concern. He indicated that the plan should, therefore, re- sult in no additional cost. 07-18-88 296 Mr. Swenson indicated that he has worked with communities in other areas of the country that were really poor. He noted that planning for infrastructure needs is essential, including the financing and realistic timeline for obtaining those monies. Mr. Swenson stated that the Planning Staff is currently working on the update of the Master Plan; and the committee recommends that the zone code also be redone. He noted that will take time; however, staff time may be available if the new process is implemented. Commissioner Hawks noted the report suggested that a hearings officer be appointed; I however, it also suggests that an Attorney Generalis opinion be sought. He also asked if the Commission should be comfortable with receiving information through a hearings officer rather than holding its own hearings. Mr. Dan Kamp stated there are various interpretations on how many public hearings are required for various issues, suggesting that an Attorney General's opinion would eliminate all questions on the issue. He then indicated that to hold only one public hearing would provide an opportunity for all those interested to submit testimony, addressing those items which may be submitted by others. He noted under the present system, individuals are often posturing dur- ing the entire process, submitting new information as they deem appropriate at the City Commis- sion hearing. B rea k - 3: 1 4 to 3: 20 p. m . Mayor Stiff declared a break from 3:14 p.m. to 3:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Presentation from ad hoc committee re regulatory procedures (continued) Mayor Stiff reminded the Commission that the action before them at this time is to ac- knowledge receipt of the report. He then asked if there were any additional questions prior to acceptance of the report, suggesting it should be submitted to the staff for review and comment prior to any Commission action. City Manager Wysocki asked if there are some sections of the State law that should be re- I vised to remove hindrances to the process. He noted the legislative session is upcoming shortly; and any such changes should be submitted to the planning association for their consideration. Mr. Swenson indicated the Attorney General's opinion has been suggested to establish one specific answer to the question of how many hearings are necessary and whether a hearings of- ficer may conduct those hearings. He stated at the present time, that is the only issue the committee feels needs to be addressed. He noted that further review by an advisory committee may reveal areas that could be addressed. Mr. Roger Craft indicated that the committee will be presenting its report to the County Commission at 1 :30 p.m. tomorrow. He then encouraged the Commission to move forward with its consideration of this report, keeping as close to the timeframe listed in the back as possible. Following a brief discussion, the Commission requested that this item be placed on the August 8 agenda for further consideration. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission acknowledge receipt of the report from the ad hoc committee regarding regulatory pro- cedures. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Ordinance No. 1262 ~ Salary Ordinance for Fiscal Year 1988-89 City Manager Wysocki presented Ordinance No. 1262, as reviewed by the City Attorney, entitled: I ORDINANCE NO. 1262 ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SAL- ARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS RE- QUIRED BY LAW. The City Manager stated that the salary ordinance reflects a 2 percent raise for all po- sitions listed except the Director of Public Service. He reminded the Commission that with the 07-18-88 297 recent change in personnel and restructuring, the position is now to include additional City En- gineer duties; and the ordinance reflects that change. Commissioner Vant Hull stated she still feels that an elected official's salary should remain constant through the term of office. She suggested, therefore, that the City Judge should re- tain the same salary as last year, not receiving the 2 percent increase. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- I mission provisionally adopt Ordinance No. 1262, the salary ordinance for Fiscal Year 1989, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1263 - requiring vehicles, trai lers or other forms of conveyance transporting specified items to cover or otherwise contain said material from escaping City Manager Wysocki presented Ordinance No. 1263, as prepared by the City Attorney, entitled: ORDINANCE NO. 1263 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUIRING VEHICLES, TRAILERS, OR OTHER FORMS OF CON- VEY ANCE TRANSPORTI NG GARBAGE, REFUSE, RUBB ISH, TRASH, WASTE, BUILDING DEBRIS, BUILDING MATERIALS, DIRT, SAND, OR GRAVEL TO COVER OR OTHERWISE CONTAIN SAID MATERIAL FROM ESCAPING FROM SAID VEHICLE AND PROVIDING A PENALTY FOR VIOLATION. The City Manager stated this ordinance is comprehensive. City Attorney Becker stated this ordinance is not limited to vehicles carrying garbage to the landfill. He noted it would require that all loads be covered, including the City's trucks carrying sand and gravel, as well as any other vehicle, trailer or other form of conveyance with any type of load. He indicated this ordinance would apply to any public street or any private area open to public access. I Commissioner Vant Hull noted the ordinance is broader than she had anticipated, asking if those in other communities are so broad. The City Attorney indicated that many of those he reviewed from other communities did not designate vehicles going to the landfill, but were broader. City Manager Wysocki noted the City has had claims fi led with the insurance company due to vehicle damage caused by gravel falling from a City vehicle. Commissioner Hawks noted that private loads being taken to the landfill often include tree branches that are tied down. He then asked if that load would require covering as well under this proposed ordinance; and the City Manager indicated that it would. Commissioner Martel asked how this ordinance compares with the littering ordinance. The City Attorney stated that the littering falls under the State Statute. He noted that under that section, material must escape from the vehicle onto the publ ic right-of-way before a citation may be issued. He indicated that under the proposed ordinance, a citation could be is- sued, even if nothing falls out. He also noted it applies to private areas open to the public as we/ I as the publ ic rights-of-way. He further indicated that the litter law is not enforceable un- less someone sees debris fall from a vehicle, while the proposed ordinance makes the offense an absolute I iabi Iity. Commissioner Martel stated he feels the proposed ordinance is much too restrictive and is not practical, citing several examples. He also noted it would be difficult to constantly comply with the ordinance. Commissioner Vant Hull asked if the proposed ordinance is workable. I City Manager Wysocki stated it would take some education to make people aware of the re- quirement to cover loads. He noted the ordinance was drafted at the Commission's request. Commissioner Martel stated that the requirement to cover all loads is not sensible. He noted that if it were revised to require containment of a load, it would be better. Commissioner Goehrung noted if one purchased lumber and tied it on top of the car, under this ordinance, a tarp covering would also be required. Mayor Stiff stated an ordinance of this type is needed. He noted that expansion, such as suggested by Commissioner Goehrung, might be needed to make the ordinance more practical. 07-18-88 298 City Attorney Becker concurred that the provisions of the ordinance could be expanded to allow tying down that is adequate to prevent the load from escaping. Commissioner Hawks asked if the Commission is creating an ordinance that is so vague it would be difficult for the police officers to enforce it. The City Attorney stated the ordinance has received staff review. He then indicated that he will verify that the Pol ice Division has reviewed it to ensure their comfort with enforcing it. Mayor Stiff requested that this item be placed on next week's agenda for further dis- I cuss ion . Discussion - draft sidewalk policy City Manager Wysocki suggested that prior to discussion of the draft sidewalk policy, a tour to physically review some of the items proposed in the policy could be helpful. He noted that would help the Commissioners to better understand the meaning of a 10-foot sidewalk, a 6-percent grade and a 100-foot radius. He noted the proposed tour would probably last an hour. Following a brief discussion, the Commissioners set 5:15 p.m. on Tuesday as the time for the tour. Commission Resolution No. 2706 - authorizing placement of special voted mill levy for fire pumper truck on ballot City Manager Wysocki presented Commission Resolution No. 2706, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2706 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, INDICATING THE CITY'S INTENT TO EXCEED THE CURRENT STATUTORY MILL LEVY ON THE APPROVAL OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE MUNICIPALITY AT THE NEXT GENERAL ELECTION; SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TO BE USED BY THE CITY OF BOZEMAN FOR PURCHASING ONE PUMPER TRUCK FOR USE BY THE FIRE DIVISION. The City Manager noted that the proposed language to be placed on the ballot for the I pumper truck is very simi lar to that which was placed on the ballot three years ago for the ladder truck. He stated the proposed special mill levy would be for up to three mills each of two years, raising approximately $140,000. He noted the anticipated cost of a pumper truck is $120,000 or sl ightly more, leaving approximately $15,000 to $20,000 for equipment necessary for operation of the truck. The City Manager then recommended that the Commission adopt Commis- sion Resolution No. 2706, authorizing placement of this special mill levy on the ballot. Commissioner Martel questioned why the proposed mill levy would exceed the statutory mill levy, since eight mills were authorized for the ladder truck. City Manager Wysocki stated the eight-mill levy for the ladder truck was levied in Fiscal Years 1987 and 1988. He noted no additional levy is to be assessed in Fiscal Year 1989, since the proposed levy would not become effective until Fiscal Year 1990 if it is approved. He fur- ther indicated that the City's General Fund mill levy has exceeded the statutory 65 mills for sev- eral years. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2706, authorizing placement of a special voted mill levy for a pumper truck for the Fire Division on the ballot. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. Commission Resolution No. 2707 - authorizin issuance of tax and revenue antici ation notes to I the Board 0 nvestments for articipation in the Montana nticipation (MCAP City Manager Wysocki presented Commission Resolution No. 2707, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2707 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $ TAX AND REVENUE ANTICIPATION NOTE TO BOARD OF INVESTMENTS OF THE STATE OF MONTANA, FIXING THE FORM AND TERMS THEREOF AND AUTHORIZING THE EX- ECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO. 07-18-88 299 The City Manager submitted to the Commission a memo from Administrative Services Direc- tor Gamradt, reminding them that the City has participated in the Montana Cash Anticipation Finance Program for the past two years. He noted that the program would apply to the water fund and the supply fund, the two funds which currently carry negative cash balances. He in- dicated that last year the City borrowed $300,000 at an interest rate of 1.82 percent. He noted that as a result of being able to invest the additional cash from this program, the City gained I approximately $10,000 in interest which would not have been possible otherwise. The City Man- ager noted that under this program, arbitrage is allowed. Mayor Stiff indicated that to borrow monies to cover a deficit cash flow and then make $10,000 seems counter to borrowing practices. He noted that to borrow does help to fill the low areas in the cash flow of the two funds. Administrative Services Director Gamradt stated that under MCAP, a fund may realize a positive cash flow at times during the borrowing period. He noted that the State has a formula for determining the amount that can be borrowed. He then indicated that he talks with State personnel to determine the amount and length of time that would be most advantageous to the City and follows that rather than borrowing the maximum amount for the longest period of time possible. He noted the State fully recognizes that communities may benefit from borrowing the mon ies and investing them. Commissioner Martel suggested that the monies borrowed through MCAP be used to pay the loan from the General Fund to the Water Fund so that the amount of interest paid by the Water Fund could be reduced. The Administrative Services Director stated that the loan from the General Fund is part of what allows the City to borrow those monies, along with the reserve requirements for the bond issue. He then indicated that the monies are not used to repay the General Fund because they are short-term monies, and such action would result in reborrowing the monies from the General Fund within a few months. City Manager Wysocki recommended that the Commission adopt Commission Resolution No. I 2707, authorizing the City's participation in MCAP for the current fiscal year. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2707, authorizing the issuance and sale of tax and revenue anticipation notes to the Board of I nvestments for the City's participation in the Montana Cash Anticipation Finance Program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung and Mayor Stiff; those voting No, none. Pledged Securities as of June 30,1988 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Martel and Commissioner Goehrung have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Vant Hull, seconded by Commissioner Marte', that the Com- mission approve the inventory of the Depository Bonds and Pledged Securities as of June 30, 1988, and a I ist of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30, 1988 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman I Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: North Slope Borough Alaska GO 06/30/90 9.5 312086 105,000.00 North Slope Borough Alaska GO 9.5 06/30/90 314724 45,000.00 Minn. Hgs. Fin. Ag. 9.10 02/01/93 144337 100,000.00 Blaine Minn. GO Tax I ncr. 8.10 02/01/97 478054 100,000.00 07-18-88 300 Saint Cloud, Minn. GO RFDG 8.25 02/01/97 478625 100,000.00 Bozeman, MT, 5.1. D. #625 9.75 1/01/2001 SK155026 100,000.00 North Slope Borough, AK GO 9.25 9/20/89 257806 200,000.00 State of Hawaii 11.5 8/01/90 181125 200,000.00 So. Dakota Health Ed Rev 6.70 9/01/90 069431 100,000.00 U.S. Treasury Notes 7.3 2/15/91 688641 1,000,000.00 Sub- Total - First Security Bank - Bozeman $2,050,000.00 I Pledging Amendment to Repurchase Agreement: U.S. Treasury Note 6.25 2/28/89 591223 1,000,000.00 Western Wy CCD GO 11. 25 7/01/91 226882 150,000.00 Sherburne Elk River Law Fac. 6.5 2/01/92 526060 200,000.00 Sherburne Elk River Law Fac. 6.25 2/01/91 526061 200,000.00 Montana St Bd Hsg 5FM 6. 1 6/01/97 161429 100,000.00 Total to Repurchase Agreement 1,650,000.00 TOTAL - First Security Bank - Bozeman $3,700,000.00 MONT ANA BAN K ~ Bozeman Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/89 Hl127 1,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1 ,875.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/89 H29972 3,750.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H 30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Flathead Co. SO #44 (Whitefish) 5.20 1/01/96 H943 120,000.00 TOT AL - Montana Bank of Bozeman. Montana $ 183,625.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman I Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U. S. Treasury Notes 6.75 9/30/90 9893 200,000.00 U. S. Treasury Notes 6.375 9/30/88 2149 200,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 400,000.00 INTERWEST BANK OF MONTANA - Bozeman Federal Deposit Insurance Corporation 100,000.00 Trusteed with Norwest Bank Minneapolis, N.A. Federal Hm Loan Bank 8.250 5/25/90 029676 150,000.00 TOT AL - I nterWest Bank of Montana-Bozeman $ 150,000.00 FI RST BAN K BOZEMAN Federal Deposit I nsurance Corporation 100,000.00 Trusteed with First Bank National Association Bay County Mich. 7.50 5/01/93 000919 300,000.00 TOT AL - First Bank Bozeman $ 300,000.00 I This is to certify that we, the Commission of the City of Bozeman, in compl iance with the pro- visions of Section 7-6-207, M. C .A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, First Bank Nat- ional Association and Norwest Bank of Minneapolis for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 1988, by 07-18-88 301 the several banks of Bozeman and approve and accept the same. ALFRED M. STIFF, Mayor WAL TER MARTEL, Commissioner I JAMES L. GOEHRUNG, Commissioner MARY B. VANT HULL, Commissioner R. L. HAWKS, Commissioner 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. Authorize Mayor to sign - application to amend the Burlington Northern/Montana Rail Link right- of-way lease (access to the former Kack property) City Manager Wysocki submitted to the Commission a memo from Planning Director Andy Epple, along with a copy of a letter from Washington Corporations to Cardinal Distributing and a copy of the original easement for access purposes, dated January 14, 1981. The City Manager noted that Montana Rail Link, Inc., has indicated its consent to the addition of utilities to the easement, upon application to amend the document. He reminded the Commission that the subject easement provides access to the existing Cardinal Distributing property, which was formerly Kack property, and would also provide one access to the existing Kack property in that same area. He then recommended that the Commission authorize the Mayor to sign the application for amendment. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize and direct the Mayor to sign the application to amend the Burlington North- ern/Montana Rail Link easement dated January 14, 1981, to include underground utilities. 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. Prioritization of goals for enterprise funds (water) City Manager Wysocki suggested that, due to the late hour, discussion of this item be de- layed. Mayor Stiff requested this item be placed on next week's agenda. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) A letter from Becky Smith, Executive Di rector of the Gallatin Development Corpo- ration, to Mayor Stiff concerning the availability of UDAG funds. Commissioner Goehrung indicated he will review the information currently being routed through the Commission and forward it as soon as possible. (2) The water use report for the week ending July 13, 1988. The City Manager noted that the amount of water avai lable from Bozeman Creek has been I decreased from 250 miners' inches to 200 miners' inches; and the amount being drawn from Hyalite Dam has increased accordingly. (3) A listing of members on the various boards and commissions, as compiled by the Clerk of the Commission. (4) A letter from the Sheriff to the Police Chief indicating the County will no longer be responsible for the abandoned vehicle program within the city limits, along with a tabulation of junk and abandoned vehicles cited within the city limits during the past three years. The City Manager stated that City Attorney Becker has been reviewing this issue. 07-18-88 302 City Attorney Becker stated that the County is required to take care of junk vehicles; however, the City is required to take care of abandoned vehicles. He then indicated that junk vehicles are defined as those with a value of under $100 and which are inoperable. Commissioner Vant Hull asked if this new program will cost the City money; and the City Manager indicated it probably will. (5) A memo from the City Attorney to the Police Division, along with an Attorney General's opinion concerning minors in premises which are licensed for on-premise sale of alco- I hol ic beverages. The City Attorney stated that he has dictated an ordinance to repeal the City's ordinance which is in conflict with the Attorney General's opinion; and it will be submitted to the Commis- sion for action when it is completed. He indicated that this memo has been prepared as an in- terim measure. (6) The City Manager stated that the State Firefighters' Association Convention is to be held in Bozeman. He noted that the Mayor will welcome the group; and he will be talking to the group about legislation that may affect cities and towns during the upcoming session. (7) The City Manager distributed to the Commission copies of the procedure for medi- ation and fact finding, asking the City Attorney to briefly review those items. The City Attorney stated he is in the process of preparing a petition to the State for a mediator between the City and an employees' bargaining group. He noted the process to be fol- lowed is well covered in the material which has just been submitted. (8) Commissioner Hawks asked that the Commissioners be notified prior to the time ap- pointments to boards are to be on the agenda for action. (9) Commissioner Hawks then asked that the staff submit its comments concerning the State Highway Department's agreement with Butte/Silver Bow for maintenance of the city streets as soon as possible. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. I Request for waiver of the open container ordinance - Class of 1968 - Sunday, August 7, 10:00 a.m. to 3:00 p.m. - Bogert Park Request for waiver of the open container ordinance - Gallatin Ringers Club - Saturday and Sunday, August 13 and 14 - Horseshoe pits at the UCT Building Acknowledge receipt of City Manager's recommendations for the Fiscal Year 1988-89 budget Application for renewal of Gaming License - Willie's Saloon, 1332 East Main - 1 keno/bingo machine - through June 30, 1989 Application for renewal of Gamin License - Hipshot1s Loun e, 513 West spen - 2 video draw poker mac ines - through June 30, 1989 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Recess - 4:45 p.m. Mayor Stiff recessed the meeting at 4:45 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled publ ic hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Public hearin~ - Conditional Use Permit - Don Blehm - allow an auto repair shop on COS No. 364 in the NEL ection 6, T2S, R6E, MPM (411 Bond Street) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Don Blehm to allow the construction and operation of an auto repair shop on a por- tion of Certificate of Survey No. 364, located in the northeast one-quarter of Section 6, Town- ship 2 South, Range 6 East, Montana Principal Meridian, and is more commonly known as 411 Bond Street. 07-18-88 303 Mayor Stiff opened the public hearing. Planner Tom Sheely presented the Staff Report. He stated that the subject property is located in an M-l- T, Commercial--Light Industrial with a Transitional Overlay, District. He in- dicated that the staff's major concern is that the original one-acre lot already contains one structure; and a second structure for another use may not be constructed on the same lot. He stated the staff has asked the owner to follow the minor subdivision process to subdivide the lot I so that the subject application could be processed. He noted that process is underway; and one of the recommended conditions for approval is that the minor subdivision process be completed prior to issuance of this permit. Planner Sheely stated the staff also reviewed the criteria established for the "T" des- ignation in this area. He noted the only item of concern identified was signage; and the pro- posed sign is in conformance with those guidelines. He indicated the Zoning Commission con- ducted its public hearing on this application and concurred in the staff's recommendation for approval, subject to eight conditions. Mr. Ron Bayramian t owner of Ron's Auto Repair at 505 Bond Street, stated he will be oc- cupying the proposed structure. He then indicated he agrees to all of the conditions recom- mended by the Planning Staff and Zoning Commission. Commissioner Martel stated the proposed conditions do not include a requirement for the installation of sidewalks or the execution of a waiver of protest. Planner Sheely stated that he had discussed that item with Director of Public Service Forbes, who indicated that sidewalks have not been required for other commercial developments in that area; therefore, he did not feel it would be appropriate to do so in this case. No one was present to speak in opposition to the proposed conditional use permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, 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 Hawks t Commissioner Vant Hull, Commissioner Martel, I Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Conditional Use Permit requested by Don Blehm to allow the construction and operation of an auto repair shop on a portion of Certificate of Survey No. 364, located in the northeast one-quarter of Section 6, Township 2 South, Range 6 East, Montana Principal Meri- dian, subject to the following conditions as recommended by the Zoning Commission: 1. In addition to the information on the preliminary site plan, the final site plan shall show the following: a. proposed paving section; b. a detailed drainage plan for the site; c. the location of the proposed sewer line from the proposed structure to the City sewer line on Bond Street or North Rouse Avenue; d. the location of all public utilities and services on the site; e. the location and materials used for the required screening element for the off-street parking lot; and f. the location of the oil and sediment removal tank. 2. Final plat approval for minor subdivision of the original lot showing the re- quired sewer line easement shall be obtained form the Planning Director prior to issuance of the Conditional Use Permit; 3. The access driveway and concrete approach shall be constructed to City standards and approved by the City Engineer; 4. An oil and sediment removal tank shall be installed on the sewer line be- tween the subject parcel and the main sewer line, subject to approval by the City Engineer; I 5. 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 approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approv- ed prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Sui Iding Department and one signed copy shall be retained by the appl icant; 6. If improvements are not installed prior to final site plan approval, the ap- plicant shall enter into an Improvements Agreement with the City. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 07-18-88 304 7. If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 8. All on-site improvements shall be completed within eighteen months of final site plan approval of the Conditional Use Permit. The Conditional Use Per- mit shall be val id for a period of eighteen months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of I the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been sat- isfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull t Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Public Hearin - Zone Code Amendment - Ste hen G. Sparks - amend Section 18.52.140 of the Bozeman Municipal Code to add rofessional Offices and associated si ns as conditional uses in the -4 istrict This was the time and place set for the public hearing on the Zone Code Amendment re- quested by Stephen G. Sparks to amend Section 18.S2.140(G) of the Bozeman area zoning code to allow professional (business) offices and their associated signs as conditional uses in the R-4, Residental--Medium-density--Apartments t District. Mayor Stiff opened the public hearing. Planner Ron Brey presented the Staff Report. He stated the proposed text amendment would allow professional offices as conditional uses in the R-4 District. He noted that at the present time, a maximum of 27 dwelling units per acre may be constructed, utilizing density bonuses. He also noted that clinics, hospitals and nursing homes are currently allowed as per- mitted uses; and fraternities and sororities are among the conditional uses allowed. The Planner stated that following review of the proposed zone code amendment, the staff felt that the proposed amendment would provide adequate opportunity to evaluate each appl ication I to determine its impacts on the neighborhood as well as addressing traffic concerns, buffering and other items of public interest. He noted that a review of other communities revealed that many of them allow professional offices in this type of residential district with a similar review process for each appl ication. Planner Brey stated that the staff reviewed the twelve criteria for zone code amendments and found this proposal to comply with them. He noted that the staff does recognize that to ap- prove this zone code amendment will result in some non-conforming uses becoming conforming uses; and those may seek approval for expansion in the future. He noted those must be con- sidered on a case-by-case basis; and there may be instances in which denial is the appropriate action. The Planner stated that following its public hearing on this application, the Zoning Com- mission recommended approval of the zone code amendment. He then indicated that this amend- ment will also apply downward in zoning, to the R-S districts; however, it will not apply upward in the zoning districts. Mr. Mike Money, 105 Teton, representing Mr. Stephen G. Sparks, indicated the applicant concurs with the findings of the Zoning Commission. He stated the proposed amendment will al- low more flexibility for development in the R-4 district, particularly in re-use of some proper- ties. He noted that items such as neighborhood integrity, density, access and public utilities will be addressed for each application through the conditional use process. He indicated that in some instances, high volume corner lots or lots on arterial streets could be more appropriately developed with professional offices than with high-density residential. He also cited existing I medical offices along North 11 th Avenue, across from the High School. He noted that if those offices become vacated, under the present code, only another medical office or a residential use could be located there. Commissioner Martel asked if the proposed zone code amendment is adequate or if expand- ing it to provide more flexibility at this time could eliminate the need for a future amendment. Mr. Money stated he feels the amendment as requested is sufficient. He noted that con- stant requests for change are inherent in the planning process. He then indicated that some R-4 zoned areas may not be appropriate for professional office development because of access 07-18-88 305 and visibility and others may not be appropriate because of single-family development in the area. He noted that the proposed zone code amendment will provide flexibility in those areas where professional offices could enhance the property; however, the conditional use process wi II also protect those areas where they would be inappropriate. He then stated that 90 percent of the R-4 zoned property is located near arterials or close to commercial zones; and professional office development would provide a smooth transition from commercial to residential development. I Commissioner Vant Hull asked if the residents in R-4 districts were notified of this public hearing. Planner Brey stated that the public hearings were advertised in the newspaper, as re- quired in the Code, along with publishing of agenda items for the Zoning Commission meeting and the City Commission meeting. He indicated that no notices are mailed to residents within a district for a zone code amendment. Commissioner Vant Hull then expressed concern that residents in some of the R-4 districts may be unhappy about this proposed amendment. She then asked if any of the area around North Tracy Avenue would be affected. Planner Brey stated there is an R-4 zone which includes a portion of North Tracy Ave- nue. He then reminded the Commissioner that with the conditional use process, a public hearing is held after which the Commission has the authority to grant, modify or deny the conditional use permit. Commissioner Vant Hull suggested that down-zoning to R-3 might be appropriate for that area, since a large part of it has been developed as single-family residential. The Planner concurred, noting that the master plan land use designation of medium- density residential would apply to both zoning designations. Commissioner Martel noted that the zone code amendment under consideration is generic. He further noted, however, that any specific request for a conditional use permit will result in notification being mailed to all those property owners within 150 feet of the subject site. Commissioner Vant Hull asked if another approach could be taken to this zone code I amendment that would address concerns of specific R-4 districts. Planner Ron Brey stated that the staff reviewed various options and determined that the proposed conditional use process would be best for protecting all areas while not creating excep- tions to the amendment. Mr. Mike Money reminded the Commission that medical offices, nursing homes and high- density residential developments are all permitted uses in the R-4 district. He noted that pro- fessional offices will generate less traffic, particularly during peak hours, while providing viable development. He stated appreciation for Commissioner Vant Hull's concern about specific areas of the community; however, he noted that those concerns can be addressed on a case-by-case basis through the conditional use process. Commissioner Vant Hull asked if a decision on this zone code amendment could be deferred until after residents in the R-4 districts have been contacted to see if they wish to down-zone their areas. Mr. Money then reminded the Commission that this zone code amendment must be con- sidered as submitted. He noted that the question of whether this amendment meets the criteria establ ished in the Zone Code must be answered and requested that the Commission make that determination in a timely manner. Mr. Sparks indicated that he has complied with the specifications of the Zone Code in submitting his application and asked that the Commission make its decision as quickly as pos- sible. No one was present to speak in opposition to the proposed zone code amendment. I Mayor Stiff closed the publ ic heqring. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission waive the customary one-week waiting period. Commissioner Vant Hull stated she would prefer to wait one week, since she has several questions and concerns about the proposed zone code amendment. She expressed a desire to discuss the matter further with the planning staff prior to making a decision. Following a brief discussion, Commissioner Goehrung withdrew his second. No one else seconded the motion; and the motion to waive the customary one-week waiting period died for lack of a second. A decision will be forthcoming in one week. 07-18-88 306 Adjournment - 7:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, 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 Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 07-18-88