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HomeMy WebLinkAbout1988-09-06 394 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 6, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 6, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I Wysocki and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any of the Commissioners wished any of the Consent Items be re- moved for discussion. Commissioner Hawks requested that authorization for the Mayor to sign the Amended Water Pipeline Easement and Right-of-Way Agreement 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 August 22, 1988 be approved as submitted. 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. Mayor Stiff noted that several corrections have been submitted for the minutes of the regular meeting of August 29, 1988. Commissioner Hawks expressed concern about a sentence on Page 10 of those minutes. He suggested that the sentence be revised or deleted. City Manager Wysocki requested that action be delayed for a period of one week to allow staff time to review the minutes and the policy statement to which the statement refers. Mayor Stiff requested that this set of minutes be placed on next week's agenda for action. Ordinance No. 1267 - amending Ordinance No. 1137, fixing the salaries of the City Commissioners I and Mayor The City Manager presented Ordinance No. 1267, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1267 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1137, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. City Manager Wysocki reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of August 22, 1988. Mayor Stiff reminded the Commission that he had expressed concern about adoption of this ordinance, noting he prefers the current ordinance. He stated that, although he did vote for provisional adoption of this ordinance, he will not vote for final adoption because of his con- cerns. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission finally adopt Ordinance No. 1267, fixing the salaries of the City Commissioners and Mayor. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Commissioner Hawks; those voting No being Mayor Stiff. Designation of voting and alternate voting delegates to the NLC Congress of Cities - December I 3-7, 1988 - Boston, Massachusetts City Manager Wysocki stated that the Commission must designate its voting delegate and alternate voting delegate to the N LC Congress of Cities, so that information may be submitted prior to the meeting. He noted that Commissioner Hawks has requested and received authori- zation to attend the conference. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission designate Commissioner Hawks as the voting delegate to the National League of Cities Congress of Cities to be held in Boston, Massachusetts, on December 3 through 7, 1988; and 09-06-88 395 that no alternate voting delegate be designated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. Commission Resolution No. 2712 - amending Commission Resolution No. 2654 re the City's special improvement district policy I The City Manager presented Commission Resolution No. 2712, as approved by the City At- torney, entitled; COMMISSION RESOLUTION NO. 2712 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA AMENDING RESOLUTION NO. 2654 WHICH ESTABLISHED THE CITY OF BOZEMAN'S SPECIAL IMPROVEMENT DISTRICT POLICY BY ADDING PARAGRAPH 1.02 (g) AND (h) TO SECTION 1, BY ADDING A NEW SECTION 9 AND 10, AND BY RENUMBERING FORMER SECTION 9 AS SECTION 11. City Manager Wysocki briefly reviewed the changes to be made in the policy, noting these proposed changes had been discussed and approved by the Commission at last week's meeting. He noted that the State statutes allow for spreading of special assessments for up to twenty years; and he feels it would be to the City's advantage to spread the assessments over a shorter period on smaller dollar amounts. He also noted that the State statutes provide for pooled special improvement district bond issues; and suggested that provision also be set forth in the City's pol icy. Commissioner Vant Hull noted the State statutes also allow for special improvement/rural improvement districts, suggesting that item should probably be addressed in this pol icy as well. She suggested that cooperation with the County could possibly be included as well. Mayor Stiff noted that legislation currently under consideration would eliminate tax-free bonds on issues having more than 1 percent administrative costs involved. He noted that pas- sage of such legislation could result in much higher interest costs for special improvement districts. I The City Manager suggested that if the Commission wishes to add a section addressing special improvement/ rural improvement districts, it be done before this resolution is adopted. He noted it would be better to update the entire policy at this time rather than make another change within just a few months. The Commission concurred that it would be appropriate to add the proposed section at this time. Mayor Stiff requested that this resolution, as amended, be placed on next week's agenda for further consideration. Ordinance No. 1266 - requiring abutting property owners to repair sidewalks, foot pavement, curbs and gutters The City Manager presented Ordinance No. 1266, as prepared by the City Attorney, entitled: ORDINANCE NO. 1266 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, REQUIRING ABUTTING LANDOWNERS TO REPAIR SIDEWALKS, FOOT PAVEMENT, CURBS, AND GUTTERS. City Manager Wysocki stated that in past years, the City has marked those sidewalks which have needed repair. The property owner has then been given the option to replace those sections of sidewalk at his own expense; or the City has contracted to have the repairs made, assessing those costs back to the property owner. He noted that curbs and gutters have appar- I ently not been addressed at the same time, considering the deteriorated state of many within the community. Commissioner Hawks indicated concern about including replacement of curbs and gutters in this ordinance because they probably cannot be repaired economically through a piecemeal approach. He also expressed concern about giving the property owner ten days in which to re- pair the sidewalk. Commissioner Vant Hull noted the shorter time period was established to decrease the City's liability as much as possible. 09-06-88 396 City Attorney Becker noted that the City's liability exists when it becomes aware of the problem; and it must either repair the sidewalk or designate the property owner to do so. He stated that at the present time, if the City is aware of a problem and does not repair it and someone gets hurt, the City incurs a liability. He further stated the ordinance under consider- ation passes that liability on to the property owner, who must bear the costs of repair. The City Attorney then stated that this ordinance has been submitted to the Commission for consideration at the suggestion of the insurance company's counsel. He cited a recent claim I which was paid by the insurance company because the City had not adopted this type or ordi- nance. He then indicated that the longer the period given for repair, the more potential there is for someone to be injured. He noted that the language used in this ordinance is taken from the State statute. Commissioner Martel stated he feels the proposed ordinance is too broad. He indicated he does not feel that curbs and gutters should be included, noting they must be installed with special forms and should be done in at least block-long sections to be economically feasible. He noted that cracks in sidewalks are a maintenance problem; and he does not feel an ordinance is needed to tell someone they need to be fixed. Commissioner Martel then questioned how the City can subrogate its liability on the public right-of-way to the property owner. He indicated that he has no problem with the City incur- ring liability, since it carries insurance to cover those incidents. He stated he does not oppose requiring the property owner to repair the sidewalk; but he does not feel the liability can be shifted. City Attorney Becker stated the ordinance before the Commission has been drafted from a model ord inance in a national publication, with language from the State statutes inserted where appropriate. Commissioner Goehrung asked if the City would no longer be liable for injuries if a prop- erty owner failed to repair a sidewalk within ten days after notification. The City Attorney indicated that if a property owner fails to take action to repair a side- walk within ten days after notification and someone is injured, the injured party will probably I fi Ie against the City. He noted, however, that with this ordinance in effect, the City would then be able to file against the property owner for the amount paid by the City for the injury. Commissioner Goehrung then asked what would occur if an injury were to occur where the City did not know a problem existed. The City Attorney indicated that the reasonable man test would be utilized. He noted under that test, if a reasonable man could see there was a problem, the City would have been considered on notice. If a reasonable man could not detect a problem, there would be no liabil- ity to the City. Mayor Stiff expressed concern about requiring the property owner to be responsible for repair of curbs and gutters due to the specialization of the forms and the cost involved. Commissioner Hawks stated he does not support the concept of the ordinance and, there- fore, wi II not support adoption. Commissioner Vant Hull stated she does not feel there would be a change in liability even if this ordinance were adopted. Commissioner Martel stated he does not support the shift in liability. He noted the prop- erty owner could be held responsible for repair of damaged sidewalks; however, he feels that could be more appropriately done in the sidewalk pol icy which is currently being redrafted. Mayor Stiff expressed concern about the Commission trying to address the legality of this issue, particularly when the proposed ordinance has been prepared at the recommendation of the City's insurer. City Manager Wysocki indicated that the objective of this ordinance is to ensure that I problems are corrected. He suggested one alternative would be to enter into a full-scale re- placement program, with the City billing the property owners for those replacement costs. He noted that the sidewalks are where the major liability will occur. He suggested that replacement of sidewalks, curbs and gutters could also be addressed through the use of general property tax monies; however, those property owners without sidewalks should be considered. Commissioner Hawks asked about the possibility of including replacement of sidewalks in the sidewalk policy. The City Manager noted that a policy can be easily changed, and suggest- ed that it be placed in ordinance form so it cannot be so easi Iy revised. 09-06-88 397 Commissioner Martel asked what difference adoption of this ordinance would make on the City's insurance premiums. Mayor Stiff suggested that further discussion on this item be delayed until after the League meeting next week. He noted that those Commissioners attending that meeting could pos- sibly seek answers to their questions at that time. Mayor Stiff requested that this ordinance be placed on the September 19 agenda for I further consideration. Discussion - proposed sidewalk policy City Manager Wysocki stated that included in the Commissioners' packets was a copy of the revised sidewalk policy. He briefly highlighted the changes which have been made as a re- sult of the Commissioners' comments at the August 22, 1988 meeting. The Commissioners then addressed concerns about various items under the implementation policy, as follows. Commissioner Hawks suggested that under No. 1 the words "along the street" be remov- ed. The Director of Public Service indicated the wording gives him flexibility in ensuring that external circulation as well as internal circulation is provided. Commissioner Vant Hull suggested that the percentage in No. 3 be decreased from three- fourths to 51 percent. Following discussion, the Commission concurred that a simple majority would be better. Commissioner Vant Hull expressed concern about the fourth category listed in Item No.4. She noted that the "no present need apparent" does not give a property owner any idea of when a sidewalk might be required. The City Manager indicated that category was added in direct response to Commission concerns expressed at the August 22 meeting. Following a brief discussion, the Commission con- curred that (c) should be eliminated. Commissioner Vant Hull asked if No. 15 should be revised to indicate no landscaping or I sprinkler systems are to be installed within the area where sidewalks are normally located. Following a brief discussion it was determined that "with approval of the City Engineer" would cover the situation adequately. Commissioner Martel expressed concern about excepting the PLl-zoned land from this policy. He noted that PLl-zoned land, such as parkland, often has a substantial amount of ped- estrian traffic; and a circulation system should be provided. Commissioner Martel then expressed concern with No.5, noting it could apply to many of the existing residential areas. City Manager Wysocki suggested that reference to No. 4 above should alleviate that con- cern because the criteria would then be involved; and the Commission concurred. B rea k - 3: 22 to 3: 28 p. m . Mayor Stiff declared a break from 3:22 p.m. to 3:28 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - proposed sidewalk policy Mayor Stiff asked for public comment, requesting that any comments be limited to the proposed changes only. Mr. Clarence Kommers, Woodbrook #49, asked about the practicality of construction and the costs involved. Director of Public Service Forbes stated that three criteria for the installation of side- I walks were developed as a result of the last discussion. He indicated that he has proposed that public need and public safety be considered the primary issues, with three methods of determin- ing those items listed under each. He suggested that the practicality of construction be a secondary consideration, with excessive cost being the only consideration. He indicated that under the proposed criteria, a property owner would be responsible for only twice the usual cost. Commi ssioner Martel noted that practicality can be addressed through design. He also noted that those areas where it may be expensive to install the sidewalk may also be where the sidewalk is very important, citing the south side of Garfield Street, between South Willson 09-06-88 398 Avenue and South Bozeman Avenue, and the west side of South Third Avenue from Graf Street to Kagy Boulevard as examples. Mayor Stiff suggested the property owner should possibly be responsible for all of the costs of installing the sidewalk, noting he was aware of the terrain attributes of the lot at the time of purchase. Commissioner Martel stated that not only the property owner uses the sidewalk; and he feels that the additional cost is one which could be justifiably borne by the public. I Commissioner Vant Hull stated support for the criteria as listed, noting it was prepared in response to a majority of the Commission. Mr. Clarence Kommers stated the property owner is not the only one who benefits from the installation of a sidewalk; and he feels that the public should bear a portion of those costs where extraordinary situations are incurred. Mr. Scott Heck, 209 Westridge, asked if the extraordinary costs for one property are to be borne by the property owner, the sidewalk district, or the entire community under this pro- posed policy. Director of Public Service Phill Forbes indicated that a definition of "project" could ad- dress that item. Mrs. Maxine Bown, 507 North 18th Avenue, stated she and her husband have been paying for a special improvement district for Kirk Park. She noted that they walk in that area; how- ever, there are no sidewalks along North 20th from West Beall Street to West Main Street. She stated there are a substantial number of cars parked along the street since many people use that park; and walking is very unsafe. Mayor Stiff requested that the proposed policy be revised per the Commission discussion and that it be placed on the September 19 agenda for further discussion. Ordinance No. 1263 - requi ring vehicles, trai lers and other forms of conveyance transporting specified items to cover or otherwise contain said material from escaping The City Manager presented Ordinance No. 1263, as prepared by the City Attorney, I entitled: ORDINANCE NO. 1263 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUIRING VEHICLES, TRAILERS OR OTHER FORMS OF CONVEY- ANCES TRANSPORTING LOOSE MATERIALS ON PUBLIC STREETS, ALLEYS, OR WAYS TO COVER OR OTHERWISE CONTAIN SAID LOOSE MATERIALS TO PREVENT THE MATERIALS FROM SIFTING, SPILLING, FALLING OUT, BLOWING OUT OR OTHERWISE LEAVING SAID VEHICLE AND PROVIDING A PENALTY FOR VIOLA- TION. City Manager Wysocki reminded the Commission that a request was submitted to allow time to address sand and gravel trucks. He noted that initial discussions addressed the covering of loads going to the landfill; and one ordinance has been adopted to address that item. He indi- cated that the discussion had expanded to include all loads being transported within the city limits; and this ordinance was written to address that item. The City Manager stated that, fol- lowing provisional adoption of this ordinance, those hauling sand and gravel expressed concern about final adoption of the ordinance. He then suggested the Commission may wish to table final adoption, allowing those in the industry to police themselves. He noted that this ordinance could be adopted later if they are not successful in monitoring themselves and losses from their loads. Commissioner Hawks noted that much of the debris on the streets is from loads of scrap construction material being hauled in open trucks. The City Manager reminded the Commission that those loads going to the dump have al- ready been addressed through Ordinance No. 1265, which becomes effective on September 22. I Commissioner Martel suggested that a notice about this ordinance be distributed to those who would be affected, possibly in the applications for renewal of business licenses. He then noted that the City may still enforce the State's litter law; and he feels that should address much of the problem. City Attorney Becker noted that the litter law applies specifically to refuse, which does not include sand and gravel. 09-06-88 399 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that final adoption of this ordinance be tabled indefinitely. 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. Authorize Mayor to sign - Amended Water Pipeline and Right-of-Way Agreement - Robert A. and Patricia A. Hillstrom - 30-foot stri Lots 1 and 2, Block 4, Hod eman I Canyon ubdivision City Manager Wysocki reminded the Commission that Commissioner Hawks had requested this item be removed from the Consent Items for discussion. He then indicated that this ease- ment is for the City's water line running from Middle Creek to the water treatment plant. City Attorney Becker briefly reviewed the history of this easement. He noted that in 1957, the City received the water pipeline easement, after which the Hodgeman Canyon Subdivi- sion was developed. He stated that the water pipeline was not installed within the easement as platted; therefore, the easement is now being amended to reflect the actual location of the water pipeline, with the line being centered in the easement whenever possible. He noted that on the subject parcel, a barn has been constructed over the actual water pipeline location. He stated Mr. Hillstrom is willing to allow the pipeline to remain in its present location; however, when repair is necessary, the City must relocate the pipeline around the structure. The City Attor- ney indicated that to accommodate that request, the staff is currently preparing a document to abandon that portion of the easement. He then stated the purpose of this amendment is to clear the title to the property, since Hillstroms are attempting to sell it. Commissioner Martel asked about the condition of the barn, noting that the City is inter- ested in enlarging that pipeline at some point in the future. Director of Public Service Phill Forbes stated that the barn is in good condition, being located on a slab of concrete. He noted that it will remain after the City has enlarged the water pipeline. City Manager Wysocki recommended that the Commission authorize the Mayor to sign this I amended easement. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Amended Water Pipeline Easement and Right-of-Way Agreement with Robert A. and Patricia A. Hillstrom. 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. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) The water use report for the week ended August 31, 1988. The City Manager noted that the City will have water left in the Hyalite Reservoir, which will provide a pool to begin next spring. Commissioner Martel suggested that the City lift watering restrictions due to the decrease in demand for irrigating water. City Manager Wysocki indicated that he does not recommend lifting of the watering re- strictions at this time. (2) A letter from J. David Penwell, attorney representing Kevin Badura, filing a claim upon the City. (3) An information sheet on boulevard and street trees, as submitted by Commissioner Goehrung. I Commissioner Goehrung noted the information was prepared in 1955. He noted that the suggested boulevard width is greater than the City has. (4) Agenda for the Chamber of Commerce Governmental Affairs Committee meeting to be held at 12: 00 noon on Friday, September 9, at the GranTree Inn. (5) A memo from Director of Public Service Phill Forbes, dated September 2, 1988, an- nouncing a MDOH/City Maintenance Agreement meeting to be held on September 20. 09-06-88 400 (6) A letter from Robert F. Heidecker, dated August 31, 1988 regarding the correction of problems on the sidewalk at 1306 Durston Road. The City Manager indicated this letter has been referred to staff for review. (7) The agenda and packets for the City-County Planning Board meeting to be held on Thursday, September 8, 1988. (8) The City Manager indicated that various Fire Division personnel are helping with firefighting at Kalispell, West Yellowstone, Helena and in the Park. He indicated that two pieces I of fire equipment are currently at West Yellowstone; and the haz mat van is being used as a communications center where needed. He noted there is also a mini-pumper at Helena. Mayor Stiff noted that the bank in West Yellowstone has an evacuation plan that will take 45 minutes to implement; and they have an agreement to use a bank's computer system in Bozeman to conduct business. The Mayor then asked if the firemen are off duty. City Manager Wysocki stated that, as a general rule, the firemen are off duty. He noted the City may incur some costs; however, the majority of costs are being paid by the Forest Ser- vice and Park Service. He noted that the City will be paid for its equipment at the site the same as any other community is. (9) Commissioner Hawks distributed to the Commissioners an article from the New York Times concerning a Proposition 13 type pol icy. (10) Commissioner Hawks noted the Commission had received a letter earlier this summer from Robert S. Macdonald, resident of Woodbrook, concerning the Clair Daines construction site. He stated that Mr. Macdonald has indicated that to date, Mr. Daines has not repaired the edge of Langohr Park which was disrupted during construction, suggesting the staff may wish to pur- sue the matter. ( 11) Commissioner Vant Hull indicated she has just received a list of proposed legisla- tion to be considered at the League conference. She noted one proposed resolution would allow communities to annex wholly surrounded parcels unless they qualify as agricultural land on the tax rolls. She stated another resolution would give municipalities the right to prohibit minors I from entering bars. And one resolution would allow a community to place a lien on a piece of property for the purpose of collecting delinquent water charges. The Commissioner then stated she will distribute copies of the proposed resolutions to the Commissioners for review. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "United Way Days" - September 12 to October 31, 1988 Request for permission to conduct 10K CROP Walk for Hunger - Sunday, October 16, 2:00 to 5:00 p.m. - from Food Bank along North Wallace Ave- nue, East Main Street, South Rouse Avenue, Olive Street, South Willson Avenue, Kagy Boulevard, South 11th Avenue, Main Street, North Church Avenue, East Peach Street, and North Wallace Avenue to the Food Bank; limited to sidewalks and walkwa~s only Authorize Call for Bids - gravity outfa I sewer to replace pump station at Wheat Drive (CIP) Claims Ratif Aesthetic It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Consent Items as listed above, and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. I Executive Session re personnel and litigation Mayor Stiff reviewed the statutory provisions for executive sessions, citing Sections 2-3-203(3) and 2-3-203(4), Montana Code Annotated. He stated the purpose of the executive session is to discuss litigation, personnel and collective bargaining. At 4:20 p.m., Mayor Stiff called an executive session of the Commission for the purpose of discussing litigation, personnel and collective bargaining, and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker and the Clerk leave the room. 09-06-88 401 At 5: 17 p. m., Mayor Stiff closed the executive session of the Commission and reconvened the open meeting. Recess- 5:17 p.m. Mayor Stiff declared a recess at 5:17 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the sche- duled public hearings. Public hearing - Zone Code Amendment - Roger H. Smith - amend Chapters 18.46 and 18.52 of the Bozeman Municipal Code to allow all R-2 and R-2-A uses in the R-MH District This was the time and place set for the public hearing on the Zone Code Amendment re- quested by Roger H. Smith to amend Chapters 18.46 and 18.52 of the Bozeman Municipal Code to allow all R-2, Residential--Single-family, Medium-density, and R-2-A, Residential--Single-family, Medium-density, uses in the R-MH, Residential--Mobile Home, District. Mayor Stiff opened the public hearing. Planner Ron Brey presented the staff report. He stated that under the proposed Zone Code Amendment, single-family stick-built residences and associated uses would be allowed in the R-MH district. He stated the R-MH district was intended to provide for mobile home park devel- opments and subdivisions with minimum impact on adjacent uses. He then briefly reviewed the permitted and conditional uses in the R-2 and R-2-A districts, which will also be allowed in the R-MH district if this Zone Code Amendment is approved. Planner Brey stated the staff had two major concerns about this application: ( 1) whether there was any legitimate purpose in prohibiting stick-built homes in the R-MH district and (2) differences in the requirements of the R-2 and R-MH districts. The Planner indicated that re- I view of the R-MH districts indicated that the infrastructure is adequate to accommodate stick- built homes. He then indicated that the lot size and lot width are slightly smaller in the R-MH than in the R-2; and the R-MH zone allows up to 50 percent lot coverage while the R-2 allows 30 percent coverage. He stated that after review, the staff determined that there is no reason to not allow stick-built structures to also cover up to 50 percent of the lot. Planner Ron Brey stated that in the R-MH district, the height limit is 24 feet. He then indicated the Zone Code Amendment would allow planned unit developments through the condi- tional use process, with no greater density than five units per acre, which is the same as that allowed in the R-2 district. Planner Brey stated that after review of the twelve criteria for zone code amendments, the staff found no significant problems. He noted it doesn't violate the basic safeguards of the R-MH district; and it will promote full-range development of typical neighborhood uses and facil- ities. He stated the Planning staff recommended approval, with two modifications; and the Zon- ing Commission concurred in that recommendation. Mr. Lloyd Mandeville, 411 West Arnold, indicated he is an agent for the applicant. He stated that he attempted to contact all of the existing residents in Annie Subdivision and found no objection to, and much support for, the proposed Zone Code Amendment. He stated he has been attempting to market the subdivision as a mobile home subdivision and has found that the demand has changed. He indicated that to make this a viable subdivision, the zoning needs to be more flexible, which is why the requested Zone Code Amendment is now before the Commis- sion. I Commissioner Hawks asked which lot coverage guidelines will prevail in an R-MH zone. Planner Ron Brey stated that the 50 percent lot coverage listed in the R-MH district will prevai I. He noted that mobile homes are one-level structures; therefore, more lot coverage is needed to provide adequate square footage in the home. He stated there is no rationale to create a different coverage requirement for stick-built homes within the same district, so the 50 percent will apply to those sites as well. Commissioner Martel asked if an amended plat would be required for a planned unit devel- opment, since the lots have already been established for mobile home development. 09-06-88 402 Planner Brey stated that in an existing subdivision, that would be the case. He noted there are presently two undeveloped R-MH subdivisions and Annie Subdivision, which is partially developed. He noted the plats for those three subdivisions would require replatting; however, new R-MH zoned areas could be subdivided to contemplate some planned unit development. Commissioner Goehrung noted some communities have a concern about shortage of mobile home sites and asked if that is a local concern as well. Planner Ron Brey stated that from a zoning standpoint, this Zone Code Amendment wi II I not decrease the available area. He then reminded the Commissioners that mobile homes are al- lowed as a conditional use, provided they meet specific criteria, in the R-2-A, R-3 and R-4 dis- tricts as well as being allowed as a permitted use in the R-MH district. He noted if the existing R-MH zones begin to totally develop with stick-built homes, the staff will then re-evaluate the situation to make sure an adequate amount of land is available for mobile home development. The Planner then stressed the need for a variety of single-family housing. Commissioner Goehrung asked if this Zone Code Amendment will change the density in the R-MH zone. Planner Brey stated that the existing lot size will remain as it currently is. He noted that the density of development will be similar to that in existing R-2 zones. No one was present to speak in opposition to the proposed Zone Code Amendment. 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 Zone Code Amendment requested by Roger H. Smith to amend Section 18.46.040 and Section 18.52.140(1) of the Bozeman Municipal Code to allow all R-2, Residential-- Single-family, Medium-density, and R-2-A, Residential--Single-family, Medium-density, uses in the R-MH, Residential--Mobile Home, District. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Schlegel - allow in- on Tracts 5, 6 and This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Petrolane Gas Service for Charles Schlegel to allow the installation of a 30, OOO-gallon propane gas tank on Tracts 5, 6, and 7, May's Tracts, located in the Northeast Annexation. The subject site is more commonly located at 300 East Griffin Drive. Mayor Stiff opened the public hearing. Planner Ron Brey presented the staff report. He indicated this application would allow the addition of a 30,OOO-gallon propane tank to the existing facility located at 300 East Griffin Drive, noting that it is just south of the former Baldy Mountain Ski Shop. He stated this fac- ility will have a bottle fill station, which will be opened only while an attendant is on duty, as well as a 24-hour key lock station and a bulk tank loading facility for rural and urban delivery. He stated the tank is to be located 45 feet from the south property line, which will place it 240 feet from the Griffin Drive right-of-way, and 116 feet from the west property line. The Planner reminded the Commission that recently they made the determination that pro- pane storage tanks are to be listed as a conditional use in the M-l zone. He further noted that the subject property is zoned M-1- T -4, which requires conditional use review as well. I Planner Brey stated the staff reviewed the application, considering the six criteria for conditional use permits. He also noted that the City Fire Marshall and the State Fire Marshall have reviewed the application to address safety and installation concerns. The Planner then stated that the staff reviewed the criteria for the "T" designation. He noted that the surround- ing area is all zoned M-1- T; therefore no additional screening or buffering is required; and the only additional signage will be an identification sign on the storage tank. The Planner stated that the proposed use complies with the Master Plan and zoning re- quirements. He then indicated that following its public hearing on this application, the Zoning 09-06-88 403 Commission concurred in the staff's recommendation for approval, subject to eight conditions. Mr. Bob Barnett, Petrolane representative from Great Falls, indicated that he agrees with the conditions as recommended by the Zoning Commission. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the cus- I tomary one-week waiting period be waived. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Conditional Use Permit requested by Petrolane Gas Service for Charles Schlegel to allow the installation of a 30,OOO-gallon propane gas tank on Tracts 5, 6 and 7, May's Tracts, located in the Northeast Annexation, subject to the following conditions as recommended by the Zoning Commission: 1. That the property owner provide a waiver of protest to the creation of SI D's for improvements to Griffin Drive prior to Final Site Plan approval; 2. That any additional signage be reviewed and approved by the Planning Di- rector prior to installation; 3. That the driveway south of the propane storage tank be paved, and that it be reviewed and approved by the City Engineer prior to Final Site Plan ap- proval; 4. That the installation of the propane storage tank comply with the Uniform Fire Code and that the installation of the tank be inspected and approved by the City Fire Marshall prior to issuance of a City business license; 5. Three copies of the Final Site Plan containing all the conditions, correc- tions, and modifications approved by the City Commission be submitted 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 approved 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 Plan- I ning Director, one signed copy shall be retained by the Building Depart- ment, and one signed copy shall be retained by the applicant; 6. If improvements are not installed prior to Final Site Plan approval, the applicant shall enter into an improvements agreement with the City. Detail- ed 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 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 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 per- iod, 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 Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. I This was the time and place set for the continued public hearing on the Conditional Use Permit as requested by Home Oxygen Care, Inc., 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. He indicated that the subject property is located in an A-S, Agricultural Suburban, District. Mayor Stiff opened the continued public hearing. 09-06-88 404 Planner Tom Sheely presented the staff report. He indicated the subject site was most recently used as a food distribution point for the Gallatin Food Reserves and was used as a real estate office prior to that. He indicated that the site contains .25 acres of deeded land and 6.5 acres of leased land currently owned by Montana Rail Link, Inc. He stated the principal exist- ing structure would be used for office space; and a 1,500-gallon liquid oxygen tank is to be in- stalled on the leased portion of the property. He indicated that access to the site is to be from a private gravelled street, which currently belongs to Montana Rail Link. He stated the road is I to be closed just past the subject site; therefore, this is the only facility that will be using that roadway. Planner Sheely stated this type of use on the subject is grandfathered as a non-conform- ing use; and any change in the non-conforming use must go through the conditional use pro- cess. He then indicated that following review of the application, the staff recommended approval subject to two conditions; and the Zoning Commission concurred in that recommendation. Mr. Dale Lingenfelter, applicant, stated he agrees with the conditions as recommended by the Planning staff and the Zoning Commission. Commissioner Martel noted that if the roadway beyond this site is abandoned, it probably will remain in gravel. He then asked if that removes the requirement for a paved parking lot on this site. Planner Sheely stated that a small portion of the site is owned by the applicant; and he may wish to pave that portion of the road at some point in the future. He indicated that when the road adjacent to the parking lot is paved, then the parking lot must be paved within nine months thereafter. No one was present to speak in opposition to the requested Conditional Use Permit. 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. I It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Con- ditional Use permit requested by Home Oxygen Care, Inc., for Dan Henderson to allow a change from one non-conforming use to office and oxygen tank facility for a medical oxygen distributor on a tract in the south one-half of Section 8, Township 2 South, Range 6 East, Montana Princi- pal Meridian, be approved, subject to the following conditions, as recommended by the Zoning Commission: 1. Three copies of the Final Site Plan containing all the conditions, correc- tions, and modifications approved by the City Commission be submitted 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 approved 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 Plan- ning Director, one signed copy shall be retained by the Building Depart- ment, and one signed copy shall be retained by the applicant; 2. The applicant must enter into an Improvements Agreement with the City agreeing that the lot shall be paved within nine (9) months of time the ad- jacent gravel roadway is paved. 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. Public hearing - Conditional Use Permit - Stephen G. Sparks for Giles White - allow two profes- sional offices on Lot 1, Remington Subdivision (1822 West Lincoln Street) This was the time and place set for the public hearing on the Conditional Use Permit re- I quested by Stephen G. Sparks for Giles White to allow the construction of two new office build- ings on Lot 1 of the Remington Subdivision, located in the southwest one-quarter of Section 13, Township 2 South, Range 6 East, Montana Principal Meridian. The subject site is located at the southeast corner of the intersection of Lincoln Road and South 19th Avenue and is more common- ly known as 1822 West Lincoln Street. Mayor Stiff opened the public hearing. 09-06-88 405 Planner Tom Sheely presented the staff report. He indicated that the subject parcel con- tains approximately one acre with an aged two-story house. He stated the applicant proposes to remove the house and construct an office building on the northern portion of the site, later sub- dividing the parcel and constructing a second office building on the southern portion as Phase II of the project. Planner Sheely stated that following review of the application, the staff recommended ap- I proval of the application, subject to thirteen conditions; and the Zoning Commission concurred in that recommendation. Mr. Stephen Sparks, applicant, stated he agrees with the conditions as recommended by the staff and the Zoning Commission. He then submitted to the Commission pictures of the sub- ject site, indicating the old house which he plans to remove prior to construction of the new office bui Idings. He then submitted to the Commission letters of support from Roger Brownson, representing the Evangelical Church and Mr. Craig Roloff, Associate Director of Administration at Montana State University. Commissioner Vant Hull asked about signage for the project and lighting of the parking lot, since it will be located in close proximity to a residential area. Mr. Jerry Locati, Nick Fullerton Architects, stated that a low sign with ground lighting will be located at the corner of the project, near the intersection. He then indicated that the parking lot lighting will be post lighting a minimum of eight feet from the ground, with caps to diffuse the light downward to the ground. No one was present to speak in opposition to the requested 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, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission approve the Conditional Use Permit requested by Stephen G. Sparks for Giles White to allow construction of two professional business office buildings on Lot 1, Remington Subdivision, subject to the following conditions, as recommended by the Zoning Commission: 1. Final Subdivision Plat approval for subdividing the original one acre parcel must be obtained from the Governing Body prior to the issuance of a build- ing permit for the construction of Phase Two; 2. The Final Site Plan must show all required setbacks for the R-4 district for both Phase One and Phase Two; 3. Any proposed access to Phase Two must conform to the Bozeman Area Sub- division Regulations and must be shown on the Final Site Plan; 4. No access from the proposed site onto South 19th Avenue will be allowed; 5. The Final Site Plan must include a solid wall or fence of at least six feet but no more than eight feet in height between the parking lot and the east property line to provide a visual buffet for the adjacent residential develop- ment on the east; 6. All on-site drainage shall be directed to the west and north and a detailed grading and drainage plan shall e included on the Final Site Plan and must be approved by the City Engineer; 7. The owner of the subject property must sign a waiver of protest to the creation of a Special Improvements District for street improvements to Lincoln Road; 8. The on-site curb heights shall be 16 inches; I 9. Water and sewer services shall be shown and identified on the Final Site Plan; 10. Three copies of the Final Site Plan containing all the conditions, correc- tions, and modifications approved by the City Commission be submitted 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 approved 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 Plan- ning Director, one signed copy shall be retained by the Building Depart- ment, and one signed copy shall be retained by the applicant; 09-06-88 406 11. I f 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; 12. 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 method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 13. All on-site improvements shall be completed within 18 months of Final Site I 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., If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Public hearing - Commission Resolution No. 2708 - intent to re-create SID No. 654 - paving, curb and gutter and storm drainage along Lea Way This was the time and place set for the public hearing on Commission Resolution No. 2708, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2708 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RE-CREATE SPECIAL IMPROVEMENT DISTRICT NO. 654 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER AND STORM DRAINAGE IMPROVEMENTS ON A PORTION OF LEA WAY AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS. Mayor Stiff opened the public hearing. I City Manager Wysocki reminded the Commission that this special improvement district was created earlier this summer in the amount of $48,000. He noted that bids for construction have been received; and there were not adequate monies to cover the costs of the project. He noted that this Resolution, which was adopted on the 15th day of August 1988, states the City's intent to re-create the district in the amount of $56,100, which will cover the costs of paving and in- stallation of storm drainage on Lea Way. Mr. Rick Kerin, consulting engineer for the project, briefly reviewed the history of the project to date. He indicated that the construction bids which were previously opened have been held; and award is to be made after Special Improvement District No. 654 has been re- created. Commissioner Vant Hull asked if it is possible to complete the project this fall; Mr. Kerin indicated he is hopeful that it can be. No one was present to speak in opposition to the Resolution. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission direct the staff to proceed with steps for re-creation of Special Improvement District No. 654. 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. City Manager Wysocki presented Commission Resolution No. 2713, as prepared by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2713 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RE-CREATING SPECIAL IMPROVEMENT DISTRICT NO. 654 FOR THE PUR- POSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPEC- TION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, CURB AND GUTTER AND STORM DRAINAGE IMPROVEMENTS ON A PORTION OF LEA WAY AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS. 09-06-88 407 The City Manager reminded the Commission that they had just completed the public hear- ing on the resolution of intent. He then recommended that the Commission adopt this resolution, which re-creates Special Improvement District No. 654 in the amount of $56,100. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2713, re-creating Special Improvement District No. 654. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Public hearing - Tentative Appropriation Ordinance for Fiscal Year 1988-89 City Manager Wysocki presented the Tentative Appropriation Ordinance, as reviewed by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPRO- PRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1989. Mayor Stiff opened the public hearing. City Manager Wysocki indicated the Tentative Appropriation Ordinance for Fiscal Year 1988-89 contains the same figures as those contained in the City Manager's recommendations. He noted the total for the General Fund is $3,866,442; and the total amount of the budget for this fiscal year is $8,883,511. Commissioner Hawks asked when the previously-approved transfer of $5,000 from the Police Division operations is to be made to the Zoning and Community Development operations. The City Manager indicated that transfer will be made through a budget amendment at mid-year budget review. I Mayor Stiff noted there is no one present at this public hearing and asked how much the documents have been perused. The City Manager indicated that no one has reviewed the documents on file in City Hall; and he has not heard of anyone reviewing those available at the Library. Mayor Stiff expressed concern about the budget as presented in the Tentative Appropria- tion Ordinance, noting it does not reflect any additional monies for the removal of snow due to decreasing the amount of salt used. The Mayor further expressed concern about the budgeting process, noting that the Capi- tal Improvement Program budget is considered on a different cycle from the operations budget; therefore, monies for that program must be allocated from the reserves. He noted that different staff personnel are involved in preparing the operations budget and the capital improvement budget; and he feels those two budgets should be considered at the same time. The Mayor then stated he feels a specific policy for establishing reserves should be dev- eloped, suggesting that an analysis of the reserves be submitted to the Commission at the same time the Capital Improvement Program budget is submitted. Commissioner Hawks asked about the rationale for having the operations budget and the capital improvement budget on two different cycles. The City Manager indicated that when the Capital Improvement Program was initially started a few years ago, it was establ ished on an October 1 to September 30 fiscal year so that the program could be considered separately. He noted that subsequently the fiscal year was changed to a July 1 to June 30 fiscal year so both budgets could be considered at the same I time; and last year the Commission made a conscious decision to go back to an October 1 to September 30 fiscal year. Commissioner Vant Hull noted that a transfer is made from the reserves to the Capital Im- provement Program each year; and the books for the fiscal year must be closed before the amount of that transfer is known. Mayor Stiff then expressed concern about the amount which has been levied against the general taxpayers of the community to cover the costs of the delinquent Valley Unit Subdivision special assessments. He noted this will continue to be a concern until the City is able to ade- quately address it. 09-06-88 408 Commissioner Martel concurred that last year the Commission had made a conscious deci- sion to go to an October 1 fiscal year for the capital improvements so they can be considered separately after the closing of the operations fiscal year. He noted that estimates of the re- serves are available by the end of the fiscal year; however, the actual balance is not known un- til after the books have been totally closed. No one was present to speak in support of or in opposition to the Tentative Appropriation Ordinance for Fiscal Year 1988-89. I Mayor Stiff closed the public hearing. Final adoption of the Appropriation Ordinance will be placed on the September 19, 1988 agenda. Adjournment - 8:07 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. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 09-06-88