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HomeMy WebLinkAbout1988-08-01 318 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 1, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 1,1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I 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 items removed from the Consent Items for discussion. City Manager Wysocki requested that the engineering contract for the North 19th Avenue interchange be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of July 25, 1988 be approved as amended. 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. Award bids - bond sale for SID No. 654 - paving of Lea Way - $48,000 This was the time and place set for the award of bid for the bond sale for Special Im- provement District No. 654, paving of Lea Way. City Manager Wysocki presented to the Commission a memo from Administrative Services Director Gamradt. He noted that the City did receive one bid for this bond sale, however, the net effective interest rate was not ca Iculated in that bid. He stated that, because the project costs for this special improvement district will exceed the amount of available financing, the con- sulting engineer has requested that the City not award the construction bid at this time. The City Manager then concurred in the Administrative Service Director's recommendation that the I Commission reject the single bid for the bond sale and authorize the staff to enter into a nego- tiated bond sale at the appropriate time. I t was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission reject the single bid for the bond sale for Special Improvement District No. 654, and authorize and direct the staff to proceed with a negotiated bond sale at the appropriate time. 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. Award bid - construction of SID No. 654 - paving of Lea Way This was the time and place set for award of the bid for the construction of SID No. 654, paving of Lea Way. City Manager Wysocki presented to the Commission a memo from Director of Public Service Phill Forbes recommending that the bid award be postponed per the consulting engineer's re- quest; the City Manager then concurred. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that award of the bid for construction of Special Improvement District No. 654 be tabled indefinitely per the consulting engineer's request. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1262 - Salary Ordinance for Fiscal Year 1988-89 I City Manager Wysocki presented Ordinance No. 1262, as reviewed by the City Attorney, entitled: 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. 08-01-88 319 City Manager Wysocki reminded the Commission that this ordinance was provisionally adopted on July 18, 1988. He then recommended that it be finally adopted at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1262, setting sa laries for specified positions for Fiscal Year 1988-89. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and I Mayor Stiff; those voting No, none. Ordinance No. 1263 - requiring vehicles, trailers or other forms of conveyance transporting specified items to cover or otherwise contain said material from escaping City Manager Wysocki presented to the Commission 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- VEYANCE TRANSPORTING GARBAGE, REFUSE, RUBBISH, 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. City Manager Wysocki reminded the Commission that they had deferred further discussion at last week's meeting due to the late hour. He noted that the City Attorney has prepared two alternative drafts, in addition to the original draft. Commissioner Vant Hull suggested that Option 3 be the basic document, with Section 1 from Option 2 being inserted. She noted this would provide for an anti-littering assessment at the landfill as well as the criminal penalty if stopped by a police officer for an uncovered or unsecured load. City Attorney Becker stated the proposal would merge a civil penalty into an ordinance for criminal penalty; however, it could possibly be done. I Commissioner Vant Hull stated that she had anticipated an anti-littering assessment on Iy; however, she feels that the criminal penalty will help to keep the city cleaner and should be adopted as well. She suggested, however, that an individual going to the landfill with an un- covered load be penalized only once under this ordinance, since both options would be available. Commissioner Hawks noted that policing would be difficult, since vehicles travel outside the city limits for a distance before arriving at the landfill; and a lot of the littering problems are found along the road to the landfill. He indicated support for the concept contained in Op- tion 3; however, he feels it should possibly be revised to create a less negative sense for those using the City's landfill, particularly since the City has processed a conditional use permit for a private facility. The Commissioner stated he is concerned about the loss of materia Is from ve- hicles and feels that an ordinance beyond the littering law is necessary to address the issue. He cautioned that it should not be so strict that it would require every truck traveling through the city to have a covered load but should allow for some other form of containment. Commissioner Martel indicated he does not support the proposed criminal penalty, noting the City already has a litter law which it can enforce. He stated the proposed ordinance is too broad. He stated he is more concerned with the stationary garbage around town, particularly in the alleys and around garbage cans. City Attorney Becker expressed concern with merging of civil and criminal penalties in the same ordinance, questioning whether an individual would be required to pay a civil penalty at the landfill if he had been cited for an uncovered load on the way there. He then stated the City does have the litter law which has been enacted by the State; however, it is very difficult I to enforce since it must be establ ished that someone discharged litter upon the streets, and that must be done through eyewitness observation. He indicated that Option 3 goes beyond the litter Jaw by requiring that loads be covered, which does not require that anyone see anything falling from the vehicle. Commissioner Goehrung stated he feels there is a need for an ordinance to address items sluffing off loads within the city limits. He noted a civil penalty could address uncovered loads going to the landfill, but that would not cover other loads within the city limits which cause littering problems. 08-01-88 320 Mayor Stiff requested that a revised ordinance, combining Option 2 and Option 3, be sub- mitted to the Commission for consideration at next week1s meeting. Authorization to attend the NLC Con ress of Cities to be held in Boston, Massachusetts, on December 3-7, 1988 - ommissioner awks City Manager Wysocki stated that the National League of Cities' Conference of Cities is to be held in Boston, Massachusetts, on December 3 through 7, 1988. He noted that one City Com- I missioner usually attends the annual meeting; and Commissioner Hawks has shown interest in attending this year's conference. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission authorize Commissioner Hawks to attend the National League of Cities Congress of Cities to be held in Boston, Massachusetts, on December 3 through 7, 1988 and, it being in the public interest, the costs be paid from the appropriate fund. 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. Commissioner Hawks abstained. Authorization to attend Leadership Bozeman seminar - Commissioner Goehrung City Manager Wysocki distributed to the Commission an explanation of the Leadership Bozeman program, as prepared by the Bozeman Area Chamber of Commerce. He stated this type of program has been done in the other major cities in Montana, several of them for a number of years. He indicated that he has served on the Steering Committee for this program, noting the objective is to have twenty to twenty-five leaders in the community participate. He stated the program covers a nine-month period, with one day a month being committed to a specific topic; and the cost of the program is $325. The City Manager stated that people may apply to be accepted to this program; and Com- missioner Goehrung's name has been tentatively submitted to represent the City. He noted that following review of the applications, individuals are invited to participate in the program. He indicated this type of program is to be held annually; and those who have completed the program I are responsible for the program schedule for the next session. He stated this is a good, in- formative program for those who participate. Commissioner Vant Hull asked if City Commissioners have participated in this type of pro- gram in other communities. Mayor Stiff noted that if Commissioner Goehrung participates, he will be the only person from a governing body of the city, county or school district to participate. He noted the in- formation on this program indicates it is for emerging leaders; and he feels that Commissioner Goehrung already is a leader in the community. Commissioner Hawks stated this is an opportunity for the City to participate in integrated leadership of the community. He indicated this would provide an opportunity for communication across the community, an area which has been weak to this point. He stated that he feels Com- missioner Goehrung's participation would be an asset to the City as well as to others involved in the leadership of the community. Mayor Stiff stated that in his conversation with a Chamber of Commerce employee, he found that the sessions may not be recorded . He suggested, however, it would be possible to ask that Commissioner Goehrung submit reports to the Commission following the sessions. He then indicated there are adequate monies budgeted to cover the Commissioners' expenses to the Montana League of Cities and Towns in Kalispell and for one Commissioner to attend the National League of Cities Congress of Cities. He noted, however, that there are many other seminars advertised throughout the year that could be helpful; and he feels it may be more beneficial to attend those which bring input back to Bozeman rather than recirculating material in Bozeman. I Commissioner Vant Hull stated she does feel that this program would provide another op- portunity for the City to improve its relationship with the Chamber of Commerce. She stated that through reports from Commissioner Goehrung, the entire Commission could benefit from the program as well. Commissioner Goehrung stated he seriously considered this program and the time commit- ment before agreeing to consider participating in it. He stated he feels this is an opportunity to gain insight into and understanding of the leadership of the community, as well as providing an opportunity to meet and work with others who will be a part of the process. The Commissioner 08-01-88 321 stated that he feels to be a part of Leadership Bozeman would help him bring expertise and in- sight back to the Commission. Mayor Stiff stated that Commissioners often attend seminars and workshops on their own, noting that the City cannot bear the expenses for all Commissioners to attend all of the work- shops they wish. Commissioner Hawks noted that Leadership Bozeman would provide an opportunity to gain I information from the outside that can be applied in City government. He noted it will also pro- vide an opportunity to understand how the City government and community can work together. He stated the Chamber of Commerce has recognized a void in community leadership and is at- tempting to address it through this mechanism. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that the Chamber has received about twenty applications and has a capacity for approximately twenty-five participants. She indicated that currently there are no County Commissioners or any representative from the School Board of Trustees; however, she is trying to get them to participate as well as a City Commissioner. She noted that three employees of the School District have applied to be a part of this program, so she is not sure the School Board will wish to fund one of its members attending as well. Mrs. Joyner stated she feels this is an important seminar for existing leaders as well as emerging leaders, noting that she has appl ied to parti- cipate in Leadership Bozeman. She then distributed to the Commissioners a copy of the schedule of topics for the upcoming seminar. She noted that with the everchanging situations in the com- munity, she feels it is important to be involved in this type of process. Commissioner Martel stated the Commissioners received a broad overview of the program at the beginning of the meeting but had received no other background information before. He not- ed it appears that this seminar is for personal development and does not have any direct or im- mediate benefits to the City government. Mrs. Joyner stated the networking factor gained through this type of seminar is a benefit to all who participate. She stated that at a day-long retreat held prior to the beginning of the I sessions, participants will be given an opportunity to list the questions they anticipate will be answered during the seminars. Commissioner Martel stated he does not feel the City Commission needs to have a parti- cipant in this locally untried program. Mayor Stiff expressed concern about the Commission making a decision on this type of item when it has just received the information, noting it might be more appropriately considered if monies had been specifically budgeted for this kind of activity. Commissioner Martel stated concurrence with Mayor Stiff. He noted that with the fiscal year just beginning, the Commission has obligated a majority of its monies for travel and schools. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize Commissioner Goehrung to attend the Leadership Bozeman seminar and, it being in the public interest, the costs be paid from the appropriate fund. City Manager Wysocki indicated there is adequate time to defer action for a period of one week if the Commission prefers, noting this will provide an opportunity to gather more inform- ation on the program. He stated that he feels it is in the City's best interests to have an elected official participate. Commissioner Goehrung asked if he may vote on this item or if it would be a conflict of interest. City Attorney Becker stated he would need to research the issue. Commissioner Goehrung requested that the motion and second be withdrawn to allow the I City Attorney an opportunity to review the issue and submit an opinion. Commissioner Hawks withdrew his motion; and Commissioner Vant Hull withdrew her sec- ond. Mayor Stiff asked that this item be placed on next week's agenda for further discussion. Appointment to Audit Committee It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission reappoint Ken Vail to the Audit Committee, with a two-year term to expire on February 29, 1990. The motion carried by the following Aye and No vote: those voting Aye being Com- 08-01-88 322 missioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointment to Historic Preservation Advisory Commission It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission reappoint Ronald E. Hess and Keith G. Swenson to the Historic Preservation Advisory Commission, with two-year terms to expire on June 30, 1990. The motion carried by the follow- I ing 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 Commission directed the Clerk of the Commission to advertise for the remaining three openings, since Mr. Paul Gleye has just submitted his letter of resignation. Appointment to Library Board of Trustees It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission reappoint Patricia W. Tietz to the Library Board of Trustees, with a five-year term to expire on June 30, 1993. 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. Appointment to Parking Commission It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission reappoint William Ewasiuk to the Parking Commission, with a four-year term to expire on June 30, 1992. 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. Appointment to City-County Planning Board It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission appoint Amy M. Bartell to replace Thomas Hildner on the City-County Planning Board, with a two-year term to expire on June 30, 1990. 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 City Manager to sign - Contract documents for engineering services for North 19th Avenue interchange - Morrison-Maierle City Manager Wysocki reminded the Commission that he had requested this item be remov- ed from the Consent Items for discussion. He stated that included in the packet was a memo from Director of Public Service Phill Forbes along with a copy of the contract for professional engineering services with Morrison-Maierle. He stated that all phases of the project are included in this contract; however, on Iy Phases IA and I B are to be completed at this time. He stated the actual costs for those two phases are $42,188; and those monies would be paid from the $25,000 donation from Junior Tschache and the $10,000 earmarked from Gas Tax monies for this project, with the remainder to be paid from Gas Tax monies undesignated reserve in the Capital Improvement Program. He noted that the phases to be completed at this time provide the loca- tion study; and the other phases will provide the balance of the roadway plans and specifi- cations. He indicated the cost of those phases will be $67,000 to $70,000; and additional com- munity support may be necessary before those phases can be completed. The City Manager stated that to complete the location study at this time will help put the City in a better position when federal funds become available for a new interchange in the state. I Commissioner Vant Hull suggested that since the property upon which the interchange is to be located is outside the city limits, possibly the County should be asked to participate in the costs of the project. Mayor Stiff stated the City should determine how to challenge the community to contribute financially to the engineering for this interchange, suggesting that staff bring back a pol icy for Commission consideration. He noted that will also place this interchange in a better position for consideration by the State Highway Commission. 08-01-88 323 Commissioner Vant Hull asked how long it will take to complete the two phases that are to be done at this time; and the City Manager indicated they should be completed in six to eight months. Commissioner Martel asked if the City has received any update recently on the priority of the North 19th Avenue interchange. He noted that if the City is to challenge the community for financial support, they should be aware of the timeframe for construction of the project. I City Manager Wysocki stated the City has received no indication of change in the schedule to date, noting that the Highway Commission meeting in September is to be held in Bozeman. He then suggested that engineering should be done as quickly as possible so the City is in a posi- tion to respond to any potential change in priority. Commissioner Hawks expressed concern about the legal costs that can be incurred as a result of contracts and asked if a mandatory arbitration clause should be added, noting that is an option which has been exercised by the State in recent contracts. Commissioner Martel stated that type of clause is usually contained in a construction con- tract, but not in an engineering contract. City Manager Wysocki cautioned the Commission that the engineering to be covered under this contract is for a highway project which will utilize federal or state funds. He noted that any changes in any of the steps followed must be approved by those two entities to ensure the project is eligible for that funding. Break - 3:31 to 3:36 p.m. Mayor Stiff declared a break from 3:31 p.m. to 3:36 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Authorize City Mana er to si n (continued) - Contract documents for engineerin services for North 19th Avenue interchange - Morrison- aierle Mayor Stiff asked if the Commissioners were prepared to authorize the City Manager to I sign the contract documents. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize and direct the City Manager to sign the contract documents with Morrison- Maierle for engineering services for the North 19th A venue interchange. 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. Discussion - zone code amendment or some other form of legislative action to control industries which use hazardous materials City Manager Wysocki stated that Commissioner Vant Hull had requested this item be plac- ed on the agenda. Commissioner Vant Hull stated she feels this item needs to be addressed. She noted, however, that the Commission has a substantial amount of work to complete this afternoon and suggested that discussion be deferred for one or two weeks. Mayor Stiff requested this item be placed on the August 15 agenda for discussion. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A letter of resignation from the Historic Preservation Advisory Commission as sub- mitted by Paul H. Gleye. I (2) A letter of resignation from the Board of Appeals as submitted by George S. McClure, Jr. (3) The water use report for the week ending July 27, 1988. The City Manager noted that the amount of water being drawn per week from Hyalite Dam is about the same as that calculated to be left per day of use. He further noted that the City.s water rights in Middle Creek wi II not be filled this year. Also, the 200 miners' inches of water rights in Bozeman Creek are not being totally filled. City Manager Wysocki stated the water treatment plant has been running at its 10-million- gallon limit quite steadily during the past two or three weeks; and it has been difficult to re- 08-01-88 324 cover. He stated that, as a result of the above items, Director of Public Service Phill Forbes has exercised his option and implemented watering restrictions. Commissioner Martel noted that Lyman Creek water is not included in the report. The City Manager indicated that the water from the Lyman Creek supply must be pumped to reach into the system south of the interstate; and the pump has not been working properly, so that source has not been used in the main system. ( 4) A copy of the notice for watering restrictions, which went into effect today. He I noted the restrictions include time limitations of 5: 00 to 9: 00 both morning and evening; how- ever, it does not include any odd/even system at this time. (5 ) A notice of special meeting for the meeting to be held at 10: 00 a.m on Wednesday to review the City Manager's recommendations for the budget. (6) A copy of the agenda for the Board of Adjustment meeting that was held today. (7 ) A copy of an article entitled "Cities: Balancing fiscal resources and service needs," which appeared in the July 18, 1988 issue of the Nation's Cities Weekly, as submitted by Commissioner Vant Hull. Commissioner Vant Hull stated she feels it is important to raise some of the City's fees periodically to avoid the problems incurred with drastic increases, such as were faced a few years ago with water rate increases and business license fee increases. (8 ) The City Manager reminded the Commission that the League of Cities and Towns will hold its annual convention in KalispeJI in September; and next year's conference will be held in Helena. He then indicated that local officials have been contacted about the possibility of Bozeman seeking the convention for 1990, noting he will place this item on the agenda for dis- cussion in a couple weeks. He noted if the Commission supports the idea of seeking the bid for the 1990 convention, the staff will need to check on con ference accommodations prior to the September convention. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. I Request for permission to conduct 9th Annual Sweet Pea Run - Saturday, Au ust 6, 8:00 a.m. - endin in Lindley Park Appl ication or Gaming icense - he Bowl, 414 ast Babcock Street - five video draw poker machines and two electronic keno/bingo machines - through June 30, 1989 Authorize City Manager to sign - Contract documents for construction of SI D No. 653 - Pioneer Ready Mix Authorize Ma or to si n - A reement for EPA Grant No. C300208-94 (Ste 2+3 , modi ication or replacement 0 the in i tration percolation beds at the WWTP - $200,000 Authorize Ma or to si n - A reement for rant from the State Historic Preservation f ice for historic reservation activities durin Fiscal Year 1988-89 - 7,500 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 necessa ry 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. Work session - Budget for Fiscal Year 1988-89 City Manager Wysocki stated this was the time set for starting the work sessions on the budget for Fiscal Year 1988-89, as he has recommended it. He then suggested that the Commis- sion begin review of the document with a brief summarization of the information contained in the various tables at the front of the book. Administrative Services Director Miral Gamradt began the review process with the first I summary table, which is a comprehensive consolidation of all anticipated revenues and expend- itures for Fiscal Year 1988-89. He noted this page is in the same format as the financial report prepared by the auditors, providing a good opportunity for comparison. He then stated that depreciation expense is included and fixed assets are capitalized in the proprietary funds, while they are not in the governmental funds. He noted that has resulted in a decrease in fund equity in the enterprise funds, although the cash flow position is satisfactory in those funds. The Administrative Services Director stated that the amount to be levied for the special revenue accounts has been decreased slightly due to carry-over funds in those areas. He noted 08-01-88 325 the City attempts to maintain a 30 to 33 percent fund balance in those areas to cover costs in- curred from July to November of each year. He noted the fund balances in the enterprise funds can be more closely reviewed next fiscal year, after the Commission has adopted a pol icy con- cerning those fund balances. Mr. Gamradt stated that the internal service funds are to maintain a break-even status. He noted that a deficit does exist in those funds; however, it will be eliminated as of June 30, I 1988 through the budget amendment process during closing of the books. He then stated this is a balanced budget from a cash standpoint. He indicated that all of the remaining pages in this document will tie back to this first summary sheet. The Administrative Services Director stated that the next two summary pages are restate- ments of the summary sheet just reviewed, just in different formats. City Manager Wysocki then reviewed the summary of mill levies for the past five fiscal years plus the proposed mill levy for this fiscal year. He reminded the Commission that the City is still operating under the property tax freeze imposed by 1-105, which means the dollars raised by the mills levied may not exceed that which was levied for Fiscal Year 1986-87. He then noted that the proposed levy for this fiscal year would generate just under $3 million in revenues, which is lower than the past two years. He stated that the all-purpose mi II levy would increase the revenues by 5 percent, which is the maximum allowable under State statute; but some of the special revenue and debt service levies have decreased. He then stated that the City's mill value for this fiscal year has decreased $126 from last year; therefore, the mill levy has in- creased to cover that decrease. The City Manager stated that the premiums for the comprehensive insurance has increased for this fiscal year, as the result of an actuarial study of the insurance pool. He indicated he has requested that a study be made and that a modification factor be applied; and that is to be done prior to setting of premiums for next fiscal year. The City Manager then stated the special voted mill levy for the fire ladder truck was levied for two years, and is not to be levied this fiscal year. He then noted that the SID Re- I volving Fund levy has increased this year due to the new bond schedule for the refunding bond issue, to ensure that adequate monies are available to meet that payment schedule. He briefly reviewed the levies for the various debt service funds, noting the City Hall has been paid off; the Senior Center was paid in October 1987; the Recreation bonds are to be paid in 1994; and the Library bond issue will be paid in 2000. Administrative Services Director Gamradt stated the City has about forty revenue sources for the General Fund; and most of those are stagnant. He noted that the property tax levy is the only source which is progressive and can be increased each year. City Manager Wysocki stated that 1-105 is scheduled to sunset next year unless the legis- lature takes specific action to retain or revise it. The City Manager then turned to the following page, which reflects the revenue estimates for the General Fund. He stated that the motor vehicle taxes have not generated the amount of revenues projected, running approximately $50,000 to $65,000 behind for Fiscal Year 1987-88. He indicated that the revenues projected for th is budget are, therefore, lower than last year's projections. He noted this appears to be the trend throughout the state; however, officials are optimistic that the revenues will increase as the values of vehicles increase. The City Manager then briefly reviewed some of the other anticipated revenues, noting that the amount of State reimbursement for traffic signal is projected to increase due to pre- ventive maintenance, which is done every so often. The amount projected for special police ser- vices is down due to the proposed withdrawal of the City of Belgrade from our dispatch ser- vices. The amount of revenues from fines and forfeitures is estimated slightly lower due to the I change in Judge. Interest income is projected slightly higher due to favorable interest rates on the City's investments. Administrative Services Di rector Gamradt stated that approximately 45 to 55 percent of the City's funds are invested through ST I P. The balance of monies are invested in the repo agree- ment and other securities. He indicated that he has begun to invest with local banks when they are willing to meet the interest rate that could be realized from investing in government secur- ities, noting that has occurred the last two times he has called. He then stated that the billings to utilities is to be slightly revised this year, resulting in a more accurate reflection of the costs involved. 08-01-88 326 The Administrative Services Director briefly reviewed the summaries of the special re- venue fund revenues and debt service revenues, noting that these revenues will be adequate when coupled with the cash balances in the various funds. Mayor Stiff noted the amount for health insurance has not increased for this fiscal year. Administrative Services Director Gamradt stated that the insurance company had sought a 10f percent increase; however, after discussions with the City Manager, they agreed to freeze the rates for six months. He noted the City is currently negotiating with the insurance com- I pany, reviewing alternative plans; and the costs after January 1 are not known at this time. The Administrative Services Director then reviewed the revenue estimates for the internal service funds and the enterprise funds. He noted that these projections include a $50,000 in- crease in sewer fund revenues and an $80,000 decrease in garbage fund revenues. The Commission stopped its review of the budget at this point, noting that the next work session is set for 10:00 a.m. on Wednesday. Recess - 5:05 p.m. Mayor Stiff recessed the meeting at 5: 05 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 scheduled public hearings. icted on COS No. 1429 and McChesney Industrial This was the time and place set for the public hearing on Commission Resolution No. 2701, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2701 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stiff opened the public hearing. Planning Director Andy Epple briefly reviewed the Staff Report. He stated the requested annexation would extend the city limits to include Parcel 2 of Certificate of Survey No. 970 (8.371 acres); Tract A-1 of Certificate of Survey No. 156C (10.96 acres); Tract B-1 of Certifi- cate of Survey No. 156-C (2.11 acres); and Burlington Northern Lease Tract No. 249038 (1.043 acres) as depicted on Certificate of Survey No. 1429, all located in the northeast one-quarter of Section 1, Township 2 South, Range 5 East, and in the northwest one-quarter of Section 6, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin County, Montana, and containing a total of 22.48 acres. The Planning Director reminded the Commission that they heard the staff report on May 31, 1988 and adopted Commission Resolution No. 2701 on July 5, 1988. He stated the property is zoned M-2- T, which is a city zone. Slightly more than three acres of the subject annexation is developed, with Cardinal Distributing being located on the site. The remaining nineteen acres are undeveloped; and Mr. Kack has indicated that he plans to develop the area as a nice indus- trial park. I Planning Director Epple then reminded the Commission that a concern had been raised about whether any underground utilities would be allowed in the lease from the Burlington Northern Rai Iroad for easement purposes. He noted that appl ication has been made to allow underground utilities also; and Montana Rail Link has given an indication that it will approve that request. Mayor Stiff noted the Commission has received a letter of support from Mr. Jim Kack, one of the appl icants. 08-01-88 327 Mr. Ed Brandt, proprietor of Cardinal Distributing, stated the subject property is an island surrounded by the city. He indicated that his business is currently on a well and has City sewer service; and he would like City police and fire protection as well. He then indicated that an industrial park on Mr. Kack's property would be an asset to the community, while not creating a large drain on the City's resources. Commissioner Vant Hull asked if the proposed annexation will create an island of property I to the south. Planning Director Epple stated that technically the property would not be an island be- cause of the interstate right-of-way and the railroad right-of-way; but it would be closer to be- ing an island. No one was present to speak in opposition to the requested annexation. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission authorize and direct the staff to proceed with preparation of the necessary documents to complete annexation of the subject parcel. 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. - Conditional Use Permit - Reach, Inc. for Jerre B. and Jules LaPalme - allow develo ment 0 a community residential fadlit or developmenta Iy disabled on Lots 38A, 39 and 40, Block 7, Beall's Third Addition (440 North hird Avenue This was the time and place set for the publ ic hearing on the request for a Conditional Use Permit, as submitted by Reach, Inc., for Jerre B. and Jules laPalme, to develop a commun- ity residential facility for developmentally disabled on Lots 38A, 39 and 40, Block 7, Beall's I Third Addition. The subject property is more commonly located at 440 North Third Avenue. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the Staff Report. He stated this application would pro- vide living facilities for eight developmentally disabled adults as well as an office and overnight faci Iities for one staff member of Reach, Inc. He stated that following its public hearing on this application, the Zoning Commission concurred in the staff's recommendation for approval, subject to eight conditions. Mr. Robert J. Tallon, Executive Di rector of Reach, I nc., stated it is a private, non- profit corporation that has provided services to members with disabilities since 1974. He stated that this facility would provide eight adults an opportunity to live independent lives which are integrated into the community under 24-hour-a-day supervision. He noted the clients work from 9:00 a.m to 4:00 p.m. Monday through Friday and spend the rest of the time living in the com- munity. Mr. Tallon stated one of the concerns raised was the effect this type of facility would have on property values. He then cited the results of various surveys conducted throughout the country, noting that those results indicated either no effect or an increase in property values, and there was no negative impact. He noted at the Zoning Commission several residents along North Third Avenue spoke in opposition, including concerns about the possible requirement for sidewalks along West Short Street, the alley being too small, and having a group home in their area. Mr. Tallon then submitted to the Commission six letters of support, one of them contain- I ing ten signatures of residents in the subject area. Mr. Jack Jelinski, 433 North Tracy Avenue, stated he lives directly across the street from a group home. He noted that site was previously a rental with seven or eight living units; and the neighbors incurred many problems with the residents in those rentals. He noted that the developmentally disabled have been good neighbors and are very cooperative. Mr. Jelinski noted the subject site on North Third Avenue could also be developed as an apartment unit; and he feels the group home is a better alternative. He then encouraged approval of this appli- cation. 08-01-88 328 Mr. Morris Jaffe, 1311 South Black Avenue, stated he has worked with the Special Olympics at Bridger Bowl since they started four years a!':Jo; and it has been a rewarding ex- perience. He noted the developmentally disabled in these programs are gentle and have a sense of humor. He encouraged the Commission to approve the application, allowing these individuals to live in the community. Ms. Renee Cook, 15060 Kelly Canyon Road, stated she has become friends with many physically and mentally handicapped people through the Gallatin Advocacy Program. She noted I they are hardworking, gentle and friendly. She noted that a group home allows them to live in the community and be a part of it. She then encouraged the Commission to approve the appli- cat ion. Mr. Pete Everingham, 304 South 13th Avenue, stated he has lived next to a group home for about one and one-half years. He indicated that for the first six months, he wasn't sure it was a group home. He noted he has come to know the residents and works with them on week- ends. He stated they are good neighbors and stated support for the proposed application. Mr. George Brandt, 430 North Tracy Avenue, stated he lives next to a group home. He stated they have been great neighbors, indicating support for this appl ication. Mr. Jim Banks, 7 Hill Street, stated he owned property next to one of the properties owned by Reach, Inc. He stated that he sold the property recently, indicating he is certain it sold for as much or more than it would have otherwise. He stated that as a member of the Zon- ing Commission, he voted for this application and encouraged the City Commissioners to do the same. Mrs. Lois Hanson, 417 North Third Avenue, stated she has worked with Reach clients through the high school and Eagle Mount for several years. She stated they are kind, gentle and willing to help anyone. She then encouraged the Commission to approve this request. Ms. Dorothy Bradley, 919 West Lamme Street, stated she has two group homes in her legislative district and resides near one. She stated she has heard no complaints about group homes whi Ie here or in Helena. She briefly reviewed the history of de-institutional ization in Montana over the past thirteen years, noting the legislature has worked to get the development- I ally disabled out of institutions and into the communities. She stated 90 group homes have been established in the state and she hopes that more will be establ ished. She indicated that when the de-institutionalization program began, there were 900 disabled persons at Boulder. That number has decreased to 200; and another 100 people are waiting for an opening to enter the community. She noted that under this program, uncontributing members of society become con- tributing members, and are viewed as valuable employees and good citizens. Ms. Bradley noted the State supports this type of proposal and encouraged the City Commission to do so as well. Mr. Bill Ancell, 915 West Dickerson Street, stated he has become a close friend of a de- velopmentally disabled individual through the advocacy program, and it has enriched his life. He stated they deserve no less than the facility proposed and encouraged the Commission to ap- prove the application. Mrs. Jane Jelinski, 433 North Tracy Avenue, stated she lives directly across the street from a group home for ten developmentally disabled individuals. She stated concern was raised at the Zoning Commission meeting about tax dollars being used to provide a group home for these people. She noted that it costs $40,000 a year to keep a disabled person in Boulder and $12,000 to keep that person in the community. She stated it is natural for people to fear those who are different; however, it is not all right to be unfair to those individuals. She stated the cI ients in the Reach program have had their behavior monitored and charted for many years; and there are volumes of paper on their habits. She stated they are good and quiet neighbors. Mrs. Anita Kolman, 520 North Third Avenue, stated her family has owned that property for forty years and indicated support for the Reach home. I Mr. Ron Evans, 200 South 15th Avenue #19, stated he lives close to the Reach facility at 307 South 13th A venue. He stated the residents are very friendly and very quiet. He noted they keep their sidewalks clear and keep the yard mowed. He then encouraged approval of the application. Mr. Roger Craft, 715 West Koch Street, stated he has been associated with Reach clients for the past thirteen years through the Baxter. He noted several of the clients have worked in his establishment, and he has been able to see them grow and the pride they have taken in their personal accompl ishments. He stated that he endorses this program. 08-01-88 329 Ms. DarIa Hodge, 311 Donegal Drive, stated she has a multiply handicapped six-year old daughter. She stated support for this application, noting that she hopes her daughter can live in this type of facility some day. Mr. Jonathan Anderson, 720 East Orange Street, stated he has operated City Taxi for the past four years. He indicated the Reach clients are in the top 95 percent of those who use his service in terms of quality character and behavior. He then stated support for this proposal. I Mr. Bob Boe, 7 Hodgeman Canyon Drive, stated he has a family member whom he hopes will be able to enjoy a group home some day. He stated that even though the proposed facility is to be supported by tax dollars, supporters of the program are in the process of raising up to $20,000 in private donations to help pay for it. Mr. AI Bertelsen, 15 Annette Park Drive, stated he has two developmentally disabled adults in his home, a daughter as well as a foster daughter. He stated they are responsible, caring individuals who work, live and play in the community. He then indicated that, as Dir- ector of the Strand Union Bui Iding at MSU, he employs a number of developmentally disabled people. He stated there have been no incidents where they have caused any problems. He not- ed their regularity at work is phenomenal; and they are proud of their work. He then encour- aged the Commission to endorse this proposal. Mrs. Jerre LaPalme, 313 North Grand Avenue, stated she has an adult developmentally disabled son. She stated that he worked in a local restaurant for eighteen years, relocating to another one two years ago. She stated that four years ago, he obtained an apartment through the Reach program and has become a productive individual in the community. She indicated that she heartily endorses the Reach program and encouraged the Commission to approve the appli- cation. Mr. Robert Durnford, 316 North 10th Avenue, stated he lives adjacent to the Reach home on West Villard Street. He stated the cI ients are very friendly and create no problems. He in- dicated they mow the lawn and shovel the walk and are willing to help whenever possible. He also stated that Reach takes good care of the home, noting it has been re-roofed recently. He I then encouraged approval of the application. Ms. Mary Ann Priest, 511 North Third Avenue, stated she is not opposed to the Reach clients; however, she is opposed to the proposed Conditional Use Permit. Mayor Stiff asked the applicant if he agrees with all of the conditions recommended by the Zoning Commission; Mr. Tallon indicated he does. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, 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 Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the request for a Conditional Use Permit, as submitted by Reach, In., for Jerre B. and Jules LaPalme, to develop a community residential facility for developmentally dis- abled on Lots 38A, 39 and 40, Block 7, Beall's Third Addition, subject to the following condi- tions: 1. That the application provide a waiver of protest to S .1. D. 's for Short Street regarding curb, gutter, pavement, and sidewalks prior to Final Site Plan approval; 2. That a 2" x 10" redwood header be installed at the edge of all asphalt pavement; 3. That the sanitary sewer service location be identified on the Final Site Plan; I 4. That the Final Site Plan comply with Section 18.62.180(E) of the Zoning Code regarding landscape protection devices prior to Final Site Plan ap- proval; 5. 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 the City Commission approval. A Final Site Plan must be ap- proved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retain- ed by the Planning Director, one signed copy shall be retained by the 08-01-88 330 Building Department, and one signed copy shall be retained by the appli- cant; 6. I f improvements are not installed prior to Final Site Plan approval, the ap- plicant shall enter into an improvements agreement with the City. Deta i led cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 7. I f 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 I method of security equal to one and one-half times the amount of the cost of the scheduled improvements; 8. All on-site improvements shall be completed within 18 months of Final Site Plan approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of 18 months following approval of the Final Site Plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Public hearing - Conditional Use Permit - Home Oxygen Care for Dan Henderson - allow change in non-conformin use to office and ox en tank facilit for a medical ox en distributor on tract in t, Section 8, 2S, R6E, MPM (31679 ast Frontage Road This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Home Oxygen Care for Dan Henderson to allow a change from one non-conforming use to another non-conforming use on a tract in the south one-half of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly referred to as 31679 East Frontage Road; and under this application an office and oxygen tank facility for a medical oxygen distributor would be located at this site. City Manager Wysocki stated that the Zoning Commission has opened and continued the I public hearing. He then recommended that the City Commission open and continue this public hearing until a recommendation is received from the Zoning Commission. Mayor Stiff opened and continued the public hearing until such time as the Zoning Com- mission submits its recommendation. Public hearing - Master Plan Amendment - Montana Department of Fish, Wildlife and Parks - establish land use designation of general highway commercial and public lands on formerly un- designated parcel (old Fish and Game site on U.S. 191) This was the time and place set for the public hearing on a request for a Master Plan Amendment submitted by the Montana Department of Fish, Wildlife and Parks to establish General Highway Commercial and Public Lands land use designations on a previously undesignated parcel described as State of Montana Deed 114-319, a 20-acre tract of land located in the south one-half of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly described as the old Fish and Game site, which lies along the north side of Huffine Lane, west of the Main Mall and the Woolen Shop and east of Valley Unit Subdivision. Mayor Stiff opened the public hearing. Planner Ron Brey presented the Staff Report. He stated the subject parcel did not re- ceive a land use designation during development of the Master Plan. The Montana Department of Fish, Wildlife and Parks has requested that land use designations be attached to the parcel be- cause the five acres immediately adjacent to Huffine Lane have been determined surplus property I and are to be sold. The north fifteen acres are to remain in State ownership and will be re- tained for the ponds, which have been located there for many years. Planner Brey stated one staff concern is the potential traffic generation from commercial development on the five-acre parcel. He noted the State Department of Highways wi II be re- quested to provide input on accesses from the subject parcel at the appropriate time during the development process. The Planner then stated a second concern was the proposal from the Montana Department of Fish, Wildlife and Parks for a flag-shaped parcel of public lands designa- tion to ensu re access to the fish and game ponds. He stated the staff has suggested that flag- 08-01-88 331 shaped parcel be eliminated, with general highway commercial extended from the east boundary to the west boundary; and the City-County Planning Board concurred. He noted that access can still be maintained to the ponds under the general highway commercial land use designation. Planner Ron Brey stated that the site can be serviced by a 12-inch water line in Huffine Lane and an 8-inch sanitary sewer in Fallon Street. He noted the provision of services will be addressed during the development process. I The Planner then stated that, following review of the six criteria for Master Plan Amend- ments, the staff found this application to be in general compliance. He noted one question was raised about whether this would create an extension of strip commercial development; however, it was determined this parcel is exceptional. Planner Brey stated that following its public hearing on this application, the City-County Planning Board recommended approval, with the modification to extend the general highway com- mercial designation from the east boundary to the west boundary of the parcel. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, stated the firm is represent- ing the Montana Department of Fish, Wildlife and Parks through the various processes on this parcel. He noted that the Planning Staff has done traffic projections from the proposed five- acre parcel; and he feels the actual amount of traffic that would be generated would be about one-eighth of the projected 9,900 trips per day. He then stated he has discussed the staff's concern about the flag-shaped parcel with the Department of Fish, Wildlife and Parks; and they are willing to accept the recommendation to eliminate that portion from public lands as long as they can be assured of retaining access to the ponds. He suggested that under a Certificate of Survey, an access strip could be established to the ponds. Commissioner Hawks noted that the Master Plan emphasizes nodal development in commer- cial districts and asked if this could be considered an extension of existing nodal development. Planner Brey stated the subject parcel is unique, since it did not receive a land use de- signation originally in the Master Plan. He noted the depth of the five-acre parcel does not lend itself to nodal development. He stated that development as commercial would be an extension of I land uses immediately to the east. Mr. Tom Reihman, owner of the Montana Woolen Shop, stated support for the proposal; however, he expressed concern that the present access to the ponds be maintained. He noted at the present time, he has no direct access to Huffine Lane but depends upon the access to the ponds and the east access to Main Mall. B rea k - 8: 1 2 to 8: 1 7 p. m . Mayor Stiff declared a break from 8:12 p.m. to 8:17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Mr. Mike Delaney, owner of approximately 600 acres located immediately west of the sub- ject site, stated support for the application, noting he does have a few concerns about the pro- posal. He noted that the subject application proposes the commercial land use designation of a parcel approximately 335 feet in depth. He noted that the lots fronting along Huffine Lane on his property are 600 to 700 feet deep, with a 60-foot strip set aside for potential highway right- of-way. He expressed concern that if this subject parcel is required to provide a 60-foot high- way right-of-way also, the depth of the lots will not accommodate quality development. Mr. Delaney then suggested that access to the ponds could possibly be gained through Valley Unit Subdivision, which could enhance access to the site. He noted that Fallon Street I could be extended through the State property to the Main Mall parking lot, rather than requir- ing traffic to travel on Huffine Lane. Commissioner Vant Hull asked if it would be possible to make the depth of the general highway commercial parcel greater, questioning why the five-acre size was chosen. Planner Brey stated that the Montana Department of Fish, Wildlife and Parks reviewed the area, determining the amount of property that it would need to retain to maintain the ponds, looped road access and sanitary facilities currently at that location. He stated that the five-acre tract has been designated as surplus property and is to be sold. 08-01-88 332 The Planner then stated that access to Huffine Lane has been a concern. He noted that the highway is to be improved to a four-lane facility to Four Corners. He also stated that a traffic signal has been warranted at the corner of West College Street and West Main Street; however, due to the slope of the curve at that location, it would create a hazard. Commissioner Hawks asked if it would be beneficial to extend the frontage road westward from Main Mall, possibly along Fallon Street. Planner Brey stated that to have a public street dumping into a private parking lot is not I generally accepted from a transportation standpoint. He noted that a frontage road may not be the best solution; however, access could possibly be improved through another option. Commissioner Martel asked if there is any provision for extending Fowler Lane to U. S. Highway 191, suggesting that may provide another access. Planner Ron Brey stated that the extension of Fowler Lane from West Babcock Street to U.S. Highway 191 has been discussed. Commissioner Goehrung asked if the impacts on public lands through commercial develop- ment have been considered, further asking if any other land use designations have been con- sidered. Planner Brey stated that the limited highway commercial designation might be more ap- propriate; however, there is no corresponding zoning designation. He stated that through the use of a "T" designation, buffering concerns can be adequately addressed. Mr. Delaney noted the fish and game ponds are a valuable asset to the community and should be protected. He then suggested that an alternative might be to trade some of the State land for some land to the west in Valley Unit, thus providing a deeper commercial area as well as providing more parkland. Commissioner Martel asked if the fifteen-acre park will become an island of unannexed land under the proposal submitted by the Montana Department of Fish, Wildlife and Parks. Planner Brey stated that it is the applicant's intent to seek annexation and rezoning of the entire twenty-acre parcel. Commissioner Hawks asked if the proposed land swap would be acceptable to the Depart- I ment of Fish, Wildlife and Parks. Mr. Kinshella suggested that the appl ication be considered as submitted. He indicated that if Mr. Delaney is interested in a land swap, he should contact the Montana Department of Fish, Wildlife and Parks directly. He then stated that if the Commission does not plan to make a decision on this item until next week, he could contact the State to determine if there is any interest in this type of proposal. City Manager Wysocki cautioned that if the acreages in the subject application change, this item should be referred back to the City-County Planning Board for consideration because of the different impacts that could occur. He then suggested that if a land swap were to be made, possibly the same improvements should be installed on the new parcel as currently exist on the old parcel prior to the swap. Mr. Delaney indicated he would be willing to consider such a proposal. Mayor Stiff continued the public hearing until 2 :00 p.m on Monday, August 8, 1988. Public hearing - Zone Code Amendment - I LX Lightwave Corporation - amend Section 18.52. 140( L) of the Bozeman Municipal Code to add light manufacturing and assembly compatible with intent of TR district to listed conditional uses in the B-2 district This was the time and place set for the public hearing on an application for a Zone Code Text Amendment to amend Section 18.52.140(L) of the Bozeman Area Zoning Code to add "light manufacturing and assembly compatible with the intent of the TR, Technology Research, District" to the listed conditional uses in a B-2, Community Highway Business, District. I Mayor Stiff opened the public hearing. Planning Director Andy Epple presented the Staff Report. He stated that the staff re- viewed this application, reviewing the twelve criteria established for zone code amendments, and found it to be in general conformance. He stated that following its public hearing on this ap- plication, the Zoning Commission recommended approval. The Planning Director stated that some members of the Commission have expressed a de- sire to possibly revise the language of the proposed amendment; and he is willing to discuss that option later in the meeting if necessary. 08-01-88 333 Mr. George Howard, Director of Operations for I LX Lightwave Corporation, stated that the application was made specifically to allow electronic equipment fabrication and assembly in the B-2 district. He noted that toxic chemicals, chemical waste disposal and high noise levels would not be involved in this type of operation; and he feels it would be compatible, as a conditional use, with other uses in the B-2 district. He also indicated that he feels this type of use would make a good neighbor to other developments in the B-2 districts. Mr. Howard stated this zone I code amendment is sought as an enabling measure so the company can bring back a specific re- quest at some time in the future. Commissioner Vant Hull suggested that more specific language be included in the zone code amendment to ensure protection of the B-2 District. Planning Director Epple stated the staff report does specify that "Such language is in- tended to allow only manufacturing and assembly related to 'technology research establishments' which would not involve contamination, noise, smoke, glare, odor, adverse visual impacts, or toxic waste material." He stated he does not feel that language would negatively affect the I LX Lightwave Corporation application. Mr. Howard stated that the additional language could be too interpretive, making the pro- cessing of a specific application more cumbersome. He stated that the use of toxic chemicals can be addressed through the conditional use process if necessary. Commissioner Martel stated he feels that this type of item can be more appropriately ad- dressed through the conditional use process. City Attorney Becker suggested that the language contained in the zone code amendment could possibly be revised to refer to federal or state regulations on hazardous materials. He ex- pressed concern that the definition of hazardous materials is different for everyone; and the standards have not yet been totally compiled. City Manager Wysocki suggested that this concern could be addressed administratively during review of the application for a conditional use permit rather than having the issue ad- dressed in the zone code. I Planning Director Epple briefly reviewed some of the listed permitted and conditional uses in the B-2 District. B rea k - 9: 1 0 to 9: 1 5 p. m. Mayor Stiff declared a break from 9:10 p.m. to 9:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearin (continued) - Zone Code Amendment - I LX Li htwave Corporation - amend Section 18.52.140(L) 0 the Bozeman Municipal ode to add light manufacturing and assembly compatible with intent of TR district to listed conditional uses in the B-2 district Planning Director Andy Epple stated that Section 18.38.010 of the Bozeman Municipal Code specifies the intent of the TR District. He noted that the proposed zone code amendment, as worded, allows the staff the opportunity to review and follow the intent of that zoning district. He noted that four specific criteria are avai lable for that review; and that could possibly address the Commissioner's concerns. Commissioner Vant Hull indicated that she still feels the additional language should be in- cluded in the zone code amendment. Mayor Stiff continued the public hearing until 2:00 p.m. on Monday, August 8,1988, to allow the staff an opportunity to review this item further. Adjournment - 9:22 p.m. There being no further business to come before the Commission at this time, it was moved I 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. 08-01-88 334 ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission I I 08-01-88