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HomeMy WebLinkAbout1988-10-03 433 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 3, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 3, 1988, at 2:00 p.m. Present were Mayor Pro Tempore Hawks, I Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki and Clerk of the Commission Sullivan. Mayor Stiff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of September 19, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the min- utes of the regular meeting of September 26, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Ordinance No. 1269 - amending Rule 6-8 of Ordinance No. 1077, as codified in Section 13.12.360 of the Bozeman Municipal Code, requiring customer to pay water meter cost for remote reading attachment for new meter or replacement of service or meter City Manager Wysocki presented Ordinance No. 1269, as prepared by the City Attorney, entitled: I ORDINANCE NO. 1269 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, AMENDING RULE 6-8 OF ORDINANCE NO. 1077 AS CODIFIED BY SECTION 13.12.360 (former code section 10.04.030) OF THE BOZEMAN MUNICIPAL CODE REQUIRING CUSTOM- ER TO PAY WATER METER COST FOR REMOTE- READING ATTACHMENT FOR NEW METER OR REPLACEMENT OF SERVICE OR METER. The City Manager stated that this revision would require that a remote reading attachment be installed during replacement of a service or meter as well as during installation of a new meter. He noted that the cost of installing a remote reading attachment during installation of a new meter would be paid as a part of the deposit. He noted that the cost of installing a remote reading attachment during replacement of a service or meter could be paid over a 90-day period, upon request. He then recommended that the Commission provisionally adopt the ordinance at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1269, amending Rule 6-8 of Ordinance No. 1077 as codified by Section 13.12.360 of the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commission Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2716 - revising and re-establishing goals and policies for annexation of properties to the City I City Manager Wysocki presented Commission Resolution No. 2716, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2716 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REVISING AND RE-ESTABLlSHING GOALS AND POLICIES FOR ANNEXA- TION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPERCEDING COMMIS- SION RESOLUTION NO. 2617. The City Manager reviewed the changes in the policy section of the resolution, noting these appear as approved by the Commission at last week1s meeting. 10-03-88 434 Commissioner Vant Hull once again expressed concern about areas such as Willow Way and Alder Court. She asked if the pol icy as submitted provides adequate flexibility for the City to annex that type of area without requiring that the streets be paved immediately; the City Man- ager indicated he feels it does. Commissioner Goehrung asked if the Planning staff's concerns have been addressed in this revised policy; the City Manager indicated they have been. Commissioner Hawks asked if waiver of the application fee for a City-initiated annexation I should be included in the policy. The City Manager indicated that No. 2 could be revised by adding "any City-initiated an- nexation will result in no fee being charged; II and the Commission concurred. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2716, revising and re-establishing goals and policies for annexation of properties to the city, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2717 - levying and assessing garbage assessments for Fiscal Year 1989 City Manager Wysocki presented Commission Resolution No. 2717, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2717 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EX- PENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager asked the Administrative Services Director to briefly address this item, as well as the following nine resolutions of assessment, since two of the Commissioners have not been through this process. I Administrative Services Director Gamradt stated that garbage collection assessments are billed in November of each year. He noted that the base rate upon which those assessments are calculated has remained at $57.00 since Fiscal Year 1985. He noted that in Fiscal Year 1984, the base rate was $52.00; and in Fiscal Year 1983 it was $46.00. He stated the resolution also pro- vides that the fee may be lowered to $45.00, upon application, for elderly individuals who have remained in large homes. He indicated that about 4,000 notices are mailed each year; and 40 in- dividuals have completed applications for the lowered fee. Commissioner Vant Hull noted that she had proposed the option of lowering the fee to $45.00 for elderly individuals, upon application. She stated that her proposal was for single elderly persons; however, the option is also given to married elderly persons living in a large house. She questioned whether that should be maintained or changed so it applies to elderly singles only. Following a brief discussion, the Commission concurred that the optional lowered amount should be allowed for elderly couples, as it has been in the past. Commissioner Martel noted that staff is currently working on the possibility of expanding the garbage routes to include the Hyalite View, Marwyn and Valley Unit Subdivisions and asked if those areas will be billed on a prorated basis next year if service is started during this fiscal year. The Administrative Services Director indicated they will be billed for the prorata portion of this fiscal year and next fiscal year in November 1989 if service is started prior to July 1, 1989. Commissioner Goehrung asked if the reserve policy and setting aside monies for replace- ment of the landfill have been taken into consideration in the rate structure. I The Administrative Services Director stated that the Garbage Fund is healthy. He then noted that under the current rate structure, a residence is billed an average of slightly under $84.00 per year, which is substantially lower than the $108.00 charged by the private hauler. Commissioner Goehrung asked if the staff has considered the possibility of an additional fee for the spring clean-up. City Manager Wysocki stated the staff has briefly discussed the idea. He noted the spring clean-up was established as a way to encourage those in the community to clean up 10-03-88 435 around their homes and get rid of their extra garbage. He noted that to charge an extra fee could discourage that effort; and it could result in additional administrative costs. Commissioner Goehrung noted that one of the goals involves recycling. He then asked about the possibility of restructuring the rate structure to either provide an incentive to those who do recycle or to increase the amount paid by those who do not recycle. He suggested that a red "R" could be painted on the garbage cans for those who do recycle to aid in determining I the amount to be assessed. The City Manager suggested that item would be more appropriately discussed at another time, since it does not apply to the assessments to be levied for Fiscal Year 1989. Commissioner Vant Hull asked if there are adequate monies in this year's budget to begin implementation of a recycling program for the City. City Manager Wysocki indicated that recycling was not contemplated when this year's operating budget was prepared. The City Manager then recommended that the Commission provisionally adopt Commission Resolution No. 2717, and set the public hearing for October 17, 1988. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission provisionally adopt Commission Resolution No. 2717, levying and assessing the garbage assessments for Fiscal Year 1989, and set the public hearing for October 17, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Com- missioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2718 - levying and assessing street lighting assessments for Fiscal Year 1989 City Manager Wysocki presented Commission Resolution No. 2718, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2718 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M. C .A. Administrative Services Director Gamradt stated that the City serves as a paying agent for these districts. He noted that throughout the year, the City pays the charges for electric- ity costs and maintenance of the lights within these lighting district; and at the end of the fiscal year, those charges plus interest expense is bi lied to the property owners. He then reviewed the total amount billed for the past five fiscal years, noting that the rates increased dramatically in Fiscal Year 1986: FY1988 - $71,598; FY1987 - $67,950; FY1986 - $71,108; FY1985 - $46,875; and FY1984 - $40,042. Commissioner Vant Hull noted that she had discussed this item with Montana Power Com- pany representatives after the large rate increase and found that most communities bill for the districts on an estimated basis for the current fiscal year, rather than billing for the year just completed, based on actual costs. She stated that she had previously suggested the City may wish to consider this approach to bill ing, rather than the process currently used. The Administrative Services Director stated that, since interest expense is a portion of the costs billed, the City breaks even although it has paid the bills during the previous fiscal year. Mayor Pro Tempore Hawks asked how the rates for these lighting districts are establish- ed. I Administrative Services Director Gamradt stated that the Public Service Commission estab- lishes those rates. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2718 and set the public hearing for October 17, 1988. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution No. 2718, levying and assessing the street lighting assessments for Fiscal Year 1989, and set the public hearing for October 17, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 10-03-88 436 Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2719 - assessing delinquent snow removal bills for Fiscal Year 1988 City Manager Wysocki presented Commission Resolution No. 2719, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2719 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CER- TAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GAL- LATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Administrative Services Director Gamradt stated that when the City removes snow from a sidewalk under the current snow removal ordinance, the amount, plus penalty, is billed to the property owner on a monthly basis. He noted that the amounts to be assessed under this reso- lution are those amounts which have been billed but have not been paid to date. He stated that if the assessment upon which this amount is billed is not paid by November 30, the assessment will then be certified delinquent to the County and will become a tax lien against the property. Commissioner Goehrung asked how many bills there are and the total amount. He a I so asked what percentage of the bills are placed on the assessments. The Administrative Services Director stated he has not yet received a list. He indicated, however, that last year there were 29 bills, totaling $1,680. He noted that approximately 15 to 20 percent of the bills will be placed on the assessments under this resolution. The City Manager recommended that the Commission provisionally adopt Commission Reso- lution No. 2719 and set the public hearing for October 17, 1988. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission provisionally adopt Commission Resolution No. 2719, assessing delinquent snow removal I bills for Fiscal Year 1988, and set the public hearing for October 17,1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2720 - levying and assessing street sprinkling assessments for Fiscal Year 1989 City Manager Wysocki presented Commission Resolution No. 2720, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2720 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZE- MAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. The City Manager noted that the street sprinkling districts are actually street sweeping districts; however, the statutory reference is to sprinkling districts. Administrative Services Director Gamradt stated that the amounts billed are the actual manhours and equipment costs, plus interest charges. He then reviewed the amounts assessed for the past five fiscal years as follows: FY1988 - $15,681; FY1987 - $14,161; FY1986 - $11,795; FY1985 - $14,904; and FY1984 - $12,872. Commissioner Martel asked if any of these districts cover State highway-designated streets. I The Administrative Services Director stated that District No. 5 includes North 7th Ave- nue; and District No. 6 includes Main Street. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2720 and set the public hearing for October 17, 1988. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission provisionally adopt Commission Resolution No. 2720, levying and assessing street sprin- kling assessments for Fiscal Year 1989, and set the public hearing for October 17, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, 10-03-88 437 Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2721 - relevying and reassessing SI D No. 649 - water, sewer and storm drains - Annie Subdivision, Phase I - $355,000.00 Commission Resolution No. 2722 - relev in and reassessin SID No. 650 - streets, curbs and gutters, sidewalks and storm drain detention basin improvements - Annie Subdivision, hase I - $458,000.00 I Commission Resolution No. 2723 - relevying and reassessing Extended SI D No. 651 - street im- provements on a portion of Durston Road and gravel walkway - $47,000.00 City Manager Wysocki presented Commission Resolution No. 2721, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2721 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 649 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 649. City Manager Wysocki presented Commission Resolution No. 2722, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2722 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 650 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 650. City Manager Wysocki presented Commission Resolution No. 2723, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2723 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 651 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 651. Administrative Services Director Gamradt briefly reviewed the assessment process. He noted that after a district has been created and the bonds have been sold, the construction work is begun. He stated that if the construction work is not completed by the time the first interest payment is due, the costs are assessed based on the bond amount. He indicated that once the construction work is completed, the total costs are determined; and the assessments are relevied and reassessed, based on the actual costs or the bond amount, whichever is lower. He then noted that these three districts were originally levied at the bond amount. The work has now been completed and the costs have been finalized. In all three districts, the total amount of the costs, including the administrative and SID Revolving Fund fees, are slightly higher than the bond amount; therefore, the districts are to be finalized at the bond amount. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution Nos. 2721, 2722 and .27.U and set the public hearings for October 17, 1988. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution Nos. 2721, 2722 and 2723, relevying and reassessing SID No. 649, SID No. 650 and Extended SID No. 651, respectively, and set the pub- lic hearings for October 17, 1988. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2724 - levying and assessing SID No. 653 - street, curb and gutter, and sidewalk on a portion of Graf Street to collector standards $180,000.00 City Manager Wysocki presented Commission Resolution No. 2724, as approved by the City Attorney, entitled: 10-03-88 438 COMMISSION RESOLUTION NO. 2724 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENE- FITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 653 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 653. City Manager Wysocki noted that this district is being levied and assessed based on the I bond amount, since the work has not yet been completed. He then recommended that the Com- mission provisionally adopt Commission Resolution No. 2724 and set the public hearing for October 17, 1988. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission provisionally adopt Commission Resolution No. 2724, levying and assessing SID No. 653, and set the public hearing for October 17, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2725 - levying and assessing SID No. 654 - street, curb and gutter, and storm drainage improvements on a portion of Lea Way - $56, 1 00.00 City Manager Wysocki presented Commission Resolution No. 2725, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2725 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENE- FITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 654 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 654. The City Manager indicated this district is also being assessed, based on the bond amount since the project has not yet been completed. He then recommended that the Commission adopt I Commission Resolution No. 2725 and set the public hearing for October 17, 1988. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission provisionally adopt Commission Resolution No. 2725, levying and assessing SID No. 654, and set the public hearing for October 17, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Commission Resolution No. 2726 - relevying and reassessing the 1986 Sidewalk Program City Manager Wysocki presented Commission Resolution No. 2726, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2726 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY AP- PROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED APRIL 20, 1987, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY AP- PROACHES OR ANY COMBINATION THEREOF. The City Manager stated that the 1986 Sidewalk Program was previously assessed, based on the warrant amount. The project, which is generally bounded by West Koch Street, South 15th Avenue, South 23rd Avenue and West Babcock Street, has now been completed; and the costs have been final ized. He then recommended that the Commission provisionally adopt Com- mission Resolution No. 2726 and set the public hearing for October 17, 1988. I It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution No. 2726, relevying and reassessing the 1986 Sidewalk Program, and set the public hearing for October 17,1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. 10-03-88 439 Commission Resolution No. 2727 - amending Commission Resolution No. 2533, declaring intent to annex two tracts containing 7.642 acres, located in the SEk, Section 14, T2S, R5E, MPM (Aaker Annexation along west side of South 19th Avenue) City Manager Wysocki presented Commission Resolution No. 2727, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2727 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING COMMISSION RESOLUTION NO. 2533 WHEREIN THE CITY COM- MISSION DECLARED ITS INTENT TO ANNEX A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPOR- ATE LIMITS THEREOF. The City Manager briefly reviewed the history of this proposed annexation. He noted that the size has changed on three different occasions, for various reasons; and the property owners have also changed through land trades and sale of a portion of one of the parcels. He noted that the City does have a signed Annexation Agreement, which does contain the same legal description as this resolution. The City Manager then noted that due to the various changes which have been made over the past five years, the City Attorney has determined that the process of annexation should be started once again to reflect the actual acreage involved. He then recommended that the Com- mission adopt Commission Resolution No. 2727 and set the public hearing for November 7, 1988. Commissioner Goehrung asked if the subject parcel is contiguous to the present city limits; and the City Manager indicated it is. Commissioner Vant Hull noted that the subject annexation will require City services; how- ever, it wi II provide no tax monies to the City for those services. She then noted this is one more reason to proceed with creation of street maintenance districts. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2727, stating the City's intent to annex a 7. 642-acre tract of land, and set the public hearing for November 7, 1988. The motion carried by the foI- I lowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Staff report - request for permission to tie onto City sewer system - Thomas W. Secor, 1367 Thomas Drive City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phill Forbes recommending approval of Mr. Secor's request for City sewer service to be provided to the property located at 1367 Thomas Drive, which is outside city limits, subject to three conditions. Commissioner Vant Hull stated she does not support providing City water or sewer service to residents outside the city limits because there is no hook-up fee system in place for such requests. She then indicated that she will not vote for this request based on that reason. Commissioner Martel noted that the City received EPA monies for expansion of the Waste Water Treatment Plant several years ago. He stated that a sewer service district, which extends beyond the city limits, was developed at that time; and the City must be careful to meet the rules and regulations which were established at that time as well. The Commissioner also noted that the applicant will be required to pay the customary charges to tie onto the City's sewer system. City Manager Wysocki recommended that the Commission approve Mr. Secor's request, subject to the three conditions listed in the Director of Public Service's memo. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve Thomas W. Secor's request for permission to tie onto the City sewer system at 1367 Thomas Drive, subject to the following conditions: 1. Waivers of the right to protest annexation, and the creation of special im- provement districts for roadway, water, sewer and storm drainage improve- ments be signed by the owner for the undivided parcel. 2. A standard application for sewer service connection be filed with, and a plumbing permit obtained from, the City Building Department. A ten per- cent administrative fee will be charged in addition to time and materials for work outside city limits. 10-03-88 440 3. That the service line be specifically limited to a connection for a single- family residence. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No being Commis- sioner Vant Hull. Discussion - revised sidewalk policy I City Manager Wysocki presented to the Commission the latest revision of the sidewalk pol icy. Director of Public Service Phill Forbes briefly reviewed the changes in the sidewalk policy, noting they are based on Commissioners' comments from the September 19 meeting. He first addressed the design policy, noting that under "width," he changed the wording to indicate the City Engineer will determine the width if not addressed in these standards. The wording under "grade" has been revised to more accurately reflect the Commission's intent to maintain as gentle a grade as possible. Commissioner Goehrung noted that benches have not been included under "options--width" in the Central Business District and suggested that they should be. The Commission concurred. The Director stated that under "Options--Iocation" he did not address the option of plac- ing a sidewalk immediately adjacent to the street, such as along North 7th Avenue. He indicated that he feels that item is adequately addressed under No. 12 in the implementation policy. He further cautioned that to construct a sidewalk in the existing right-of-way along North Seventh Avenue would result in a 4.5-foot sidewalk adjacent to the street; and he does not support that type of situation along a busy street. Director of Public Service Forbes then reviewed the changes made in the implementation pol icy . He noted that in No. 6 he added wording to reflect that the improvements agreement must be approved by the City Commission. Mayor Pro Tempore Hawks questioned whether this item adequately addresses the possibil- ity of determining that there is no apparent need for a sidewalk within a new development. He I expressed concern that the Planning staff and the general public may not be aware of this pos- sibility if is not spelled out, as he had previously proposed. City Manager Wysocki stated he feels the language as proposed allows the Commission to make the determination that no sidewalks will be required, through approval of an improvements agreement which contains that stipulation. The Mayor Pro Tempore noted that concern has been previously expressed that to spell out this provision might result in abuse of the intent. He suggested that the language "or exempt by the City Commission, based on design criteria as set forth in No. 4c above," would eliminate that potential problem. The City Manager asked if the intent is to eliminate the requirement for installation of sidewalks in the future as well. The Mayor Pro Tempore indicated it is not. He noted that it would be a statement for the time at which the development is done; and if the need changes, then sidewalks should be constructed. Commissioner Martel noted that an improvements agreement is usually entered into when improvements are to be made, with a security for those improvements. He then questioned the need for an agreement if the sidewalks are not to be installed. Commissioner Martel then questioned No. 1. He once again indicated that PLI zoned property often has a large amount of pedestrian traffic, questioning why such properties should be exempt from the requirements of this policy. The City Manager noted that in some instances, a walkway across a PLI zoned parcel may I be more beneficial than a sidewalk around the perimeter. He noted that a circulation system must be provided on those parcels, even though they may be exempt from this policy. Commissioner Vant Hull noted that if a sidewalk were determined necessary, the City would install it, citing North 5th Avenue from Darlinton Manor to West Tamarack Street as an example. Commissioner Martel stated he feels that sidewalks should be installed along PLI zoned property at the same time the sidewalks are installed in the adjacent residential area. Following discussion, the Commission concurred that No.1 should remain as it is worded. 10-03-88 441 Commissioner Martel expressed concern about the wording of No. 10. He noted that, al- though he recognizes the intent, it does not read properly. The City Manager noted that the City is to bear the costs of installing a sidewalk along the rear lot line which is located along an arterial street, if the property owner has borne the costs of constructing a sidewalk along the front lot line. He stated this avoids a property owner being required to pay for two sidewalks in those situations. He then indicated the language will I be revised to better reflect the intent. Commissioner Goehrung asked for clarification on the language under "practicality of con- struction. " He asked if a property owner is to bear twice the normal costs of construction under this item. He also asked if the remainder of the costs are to be borne by those within the entire district, and whether the spreading of costs would be limited only to those partic- ipating in the district, rather than all of the residents within the area. City Manager Wysocki asked for an opportunity to review that question. Mayor Pro Tempore Hawks suggested that under "public need" the last criteria should read "development density/design elements." The Commission concurred. Director of Public Service Forbes once again addressed No.6. He noted that the policy should be uniform, requiring that all new developments install sidewalks. He reminded the Com- mission that is where the concept started; and he feels that is where it should end. He noted that the Commission may make the determination to exclude a development; however, he feels the pol icy should remain clear and straight forward. Commissioner Vant Hull indicated support for the Director's comments, noting she feels that the statement should end after "occupancy" in the second line. Commissioner Goehrung asked whether the installation of sidewalks would be required for an entire development during construction of the initial phase, or if phasing of the sidewalks in conjunction with the phases of development would be a possibility. The City Manager suggested that phasing of the sidewalks could be done. Mayor Pro Tempore Hawks noted that the right-of-way is to be protected, with any land- I scaping to be limited to the normal slope to the street. He then expressed concern about re- quiring a development to install sidewalks when there may be no apparent need, once again stat- ing support for his proposed revision. City Manager Wysocki noted that the policy will change with the philosophy of the Com- mission. He then encouraged the Commission to leave the wording as strict as possible. Commissioner Martel stated support for the staff's position. He noted that to include a provision for exemptions in the policy will make it subjective and difficult for the Commission to uphold. Mr. Walt Connell, attorney, noted this is a difficult problem to address, particularly since there was a period of time when sidewalks were not required in any new developments. He stat- ed the City will incur less problems if it enforces the requirement to install sidewalks along with other improvements in the public right-of-way. Mr. Connell then noted that the State Statutes require that the Highway Department pay the cost of installing sidewalks along State highway- designated streets within the city limits. He suggested that should be taken into consideration when addressing streets such as North 7th Avenue and Main Street. He noted there are similar regulations for federal highways; however, they may be able to contract such requirements to the State. Mr. Connell stated he noted the lack of sidewalks in some areas of the community when he first visited it a few years ago. He then noted that one of his friends from the Bay area in California visited a short time ago, noting that the better subdivisions in that area do not have sidewalks or street lighting because they do not want those improvements. I City Manager Wysocki asked for a Commission decision on No.6. Following a brief dis- cussion, the Commission concurred it should remain as is. The City Manager indicated this will be placed in resolution form, with the approved revisions, for consideration as soon as possible. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 10-03-88 442 (l) Commissioner Goehrung expressed an interest in receiving a written or verbal up- date from the ad hoc committee to develop a sign ordinance. Mayor Pro Tempore Hawks indicated support for the request, suggesting he would prefer a verbal presentation, with as many of the committee members as possible present. The City Manager indicated that he will arrange a time for such a presentation to be made to the Commission. (2) The City Manager reminded the Commission that next week's meeting will be held I on Tuesday due to the Columbus Day holiday. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation ~ "Jay Warwick Week" - October 17-23, 1988 Proclamation - II United Nations Da II - October 24, 1988 uthorize City Manager to sign Wheat rive outfall sewer easement agreements; authorize payment of appropriate fees Claims It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Recess - 4: 03 p. m. Mayor Pro Tempore Hawks recessed the meeting at 4:03 p.m., for the purpose of con- ducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Pro Tempore Hawks reconvened the meeting at 7:00 p.m. for the purpose of con- ducting the scheduled public hearings. I Public hearin - Conditional Use Permit - Bozeman Police De artment - allow construction and operation of a shooting target range for department on .37-acre tract in the NEt, SW-k, Section 30, T1S, R6E, MPM (landfill site north of Mcllhattan Road, west of Story Mill Road) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by the Bozeman Police Department to allow the construction and operation of a shoot- ing/target range for department use on a .37-acre tract located in the northeast one-quarter of the southwest one-quarter of Section 30, Township 1 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly known as a portion of the landfill site, which is located north of Mcllhattan Road and west of Story Mill Road. , City Manager Wysocki submitted to the Commission a memo requesting that this public hearing be tabled indefinitely to allow the staff an opportunity to review and respond to public testimony submitted during the Zoning Commission's public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission table indefinitely the public hearing on the Conditional Use Permit requested by the Bozeman Police Department, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Public hearing - Conditional Use Permit - Grigsby Corporation and I LX Lightwave Corporation - allow light manufacturing and assembly compatible with the intent of the TR District on Tract 5, Rearrangement of Elk's Club Property (205 Haggerty Lane) I This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Grigsby Corporation and I LX Lightwave Corporation to allow light manufacturing and assembly compatible with the intent of the TR, Technology. Research, District, on Tract 5 of the Rearrangement of the Elk's Club Property. The subject site is more commonly known as 205 Haggerty Lane, and is the former site of the Decorator's Walk. City Attorney Becker submitted to the Commission a memo concerning this application. He reminded them that on July 26, the Zoning Commission considered a Zone Code Amendment to al- low light manufacturing and assembly compatible with the intent of the TR District as a condi- 10-03-88 443 tional use in the B-2 District, and recommended approval. He noted that on August 1, the City Commission conducted its public hearing on the application; and on August 8, voted to approve the Zone Code Amendment. The City Attorney then stated that to complete the process of enacting the amendment, it must be brought back in ordinance form. He noted it must be adopted twice, with the second adoption being at least twelve days after the first; and the ordinance does not become effective I until thirty days after its final adoption. He stated that this part of the process has not yet been completed; therefore, he indicated that the public hearing that has been set for this time is premature. City Manager Wysocki indicated that, following review of the timeframe with the staff, the ordinance enacting the Zone Code Amendment could be provisionally adopted on October 11 and finally adopted on October 24. He noted the ordinance will then become effective November 24, 1988. He suggested the Commission could conduct its public hearing on this Conditional Use Permit on October 24, after the ordinance is finally adopted. He cautioned, however, that the ordinance will not be effective for thirty days; and there would remain an outside chance that some action would be taken to reverse its becoming effective during that period. The City Manager then concurred with the City Attorney that to conduct the public hearing tonight would be premature. City Manager Wysocki then apologized for the inconvenience that this situation has created. He noted that in this instance, the two processes were scheduled tightly; and the first process did not get completed in time for the second to come through as originally scheduled. Commissioner Martel noted the Commission recently considered conditional use permit ap- plications for two uses which were already in existence. He then asked if that process could be followed for this application. The City Manager reminded the Commissioner that the City staff was not aware of those uses unti I after they were in operation. He noted that in both instances, as soon as the staff became aware that they were operating, the individuals were required to go through the proper I review process and meet the conditions for approval within a compressed timeframe. He stated the staff could not knowingly allow the applicant to begin its operations in the new location with- out going through the proper process. City Manager Wysocki recommended that the Commission postpone this public hearing to October 24. He once again cautioned the applicant that the ordinance enabling this Conditional Use Permit will not become effective until November 24. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission postpone the public hearing on the Conditional Use Permit requested by Grigsby Corpor- ation and I LX Lightwave Corporation until the October 24, 1988 meeting. l:'he motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Mayor Pro Tempore Hawks asked if anyone wished to address the Commission concerning this application. He stated that any comments received at this time will not be considered as part of the testimony for the public hearing. Mr. Jim McLean, attorney representing the Grigsby Corporation, stated that following re- view of the applicable laws, he concurs with the City Attorney's comments. He then encouraged the Commission to move forward with this application as quickly as possible, noting he is un- certain how this delay may affect his clients. Commissioner Vant Hull noted that in the staff report for the Zone Code Amendment to which the City Attorney referred, twelve criteria were listed and addressed. She then asked if the following four listed criteria, could be considered during review of this application for a I Conditional Use Permit; (3) will the new zoning promote health and general welfare; (9) does the new zoning give consideration to the peculiar suitability of the property for particular uses; ( 11 ) was the new zoning adopted with a view to conserving the value of buildings; and (12) will the new zoning encourage the most appropriate use of land throughout such county or municipal a rea? City Attorney Becker and Planning Director Epple both indicated they would need an op- portunity to research that question prior to submitting an answer. 10-03-88 444 Adjournment - 7: 30 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. ROBERT L. HAWKS, Mayor Pro Tempore I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 10-03-88