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HomeMy WebLinkAbout1987-02-02 07 Lr MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 2, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 2, 1987, at 2: 00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Acting City Manager I Gamradt, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commis- sion approve the minutes of their regular meeting of January 26, 1987, as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Decision - Zone Map Change - Larry Oddy for Philip Saccoccia and Peter K. Nelson - AS to R-3 - Tract 4 of cas No. 1215, located In theSW! of the NWi of Section 1, T2S, R5E, MPM This was the time and place set for the decision on the Zone Map Change, requested by Larry Oddy for Philip Saccoccia and Peter K. Nelson, to change the present zoning of AS (Agricultural Suburban) to R-3 (Residential--Medium Density) on Tract 4 of Certificate of Survey No. 1215, located in the southwest one-quarter of the northwest one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. Acting City Manager Gamradt reminded the Commission that the subject parcel contains I 42.2408 acres and is located at the northeast corner of the intersection of West Oak Street extended and North 19th Avenue extended. He noted that the public hearing was held on March 17, 1986; and the Commission deferred its decision until after the annexation process had been completed. He then reminded the Commission that the Resolution of annexation was adopted at last week's meeting. Senior Planner Marcia Elkins reminded the Commission that the requested Zone Map Change is in compliance with the Master Plan land use designation of medium-density residential. She then noted that the Zoning Commission has recommended approval of this application. The Acting City Manager concurred in the Zoning Commission's recommendation for approval, It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Zone Map Change from AS, Agricultural Suburban, to R-3, Residential--Medium- density, as requested by Larry Oddy for Philip Saccoccia and Peter K, Nelson for Tract 4 of COS No. 1215, located in the SW! of the NWi of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Decision - Preliminary Plat - Sunset Park Subdivision, Phases I and II - Tract 4 of COS No. 1215 located in the SW! of the NW! of Section 1, T2S, RSE, MPM - 19.16 acres - Philip Saccoccia This was the time and place set for the decision on the Preliminary Plat for Sunset Park Subdivision, Phases I and II, which is located on a portion of Tract 4 of Certificate of Survey I No. 1215, located in the southwest one-quarter of the northwest one-quarter of Section 1, Town- ship 2 South, Range 5 East, Montana Principal Meridian. Acting City Manager Gamradt reminded the Commission that this subdivision is to be located in the center of the Zone Map Change, which was the subject of the agenda item above. He noted that the Commission conducted review of this preliminary plat at its meeting held on March 24,1986; and deferred its decision unti I after the annexation process had been completed. Senior Planner Marcia Elkins reminded the Commission that this preliminary plat would provide for a 19. 16-acre subdivision to be located just north of West Oak Street extended at 02-02-87 J75 North 17th A venue. She then reminded the Commission that the City-County Planning Board had conducted the public hearing on this subdivision and concurred in the Planning Staff's recommendation for approval, subject to thirteen conditions. The Acting City Manager concurred in the City-County Planning Board's recommendation for approval, subject to the thirteen conditions set forth. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the I Commission approve the Preliminary Plat for Sunset Park Subdivision, Phases I and II, subject to the conditions recommended by the City-County Planning Board as follows: 1. All appropriate certificates shall be placed on the face of the plat prior to final plat approval. 2. Approval of the subdivision by the Montana Department of Health and Environmental Sciences shall be obtained prior to final plat approval. 3. The developer shall provide water rights in accordance with City annexation policy prior to final plat approval. 4. A written agreement shall be obtained from the Farmer's Canal Association to allow stormwater to be discharged into the canal or an alternative storm drainage plan shall be reviewed and approved by the City Engineer. S. The land to be dedicated for public parks shall be relocated in a manner acceptable to the Planning Director or the developer shall make an appropriate cash-in-Iieu payment in accordance with the Bozeman Area Subdivision Regulations. 6. Oak Street shall be constructed from the subdivision to North Seventh Avenue with a 28-foot paved surface and no curb and gutter prior to final plat approval. 7. Access onto Oak Street shall be relocated to align with North Seventeenth A venue. 8. Easements shall be provided for all temporary cul-de-sacs and the conflict between the cul-de-sac at the eastern extension of Horizon Way and Farmer's Canal shall be eliminated. I 9. The naming of streets shall be reviewed and approved by the City Engineer prior to final plat approval. 10. Sidewalks shall be installed along all subdivision streets, in accordance with City policy. A gravel pathway shall be located along Oak Street and the developer shall provide a waiver of protest to the creation of S.I. D. IS for one-half of the improvements for curb, gutter and sidewalk along that portion of Oak Street adjacent to the subdivision. 11. The following statement shall be placed on the face of the plat prior to final plat approval -- "Due to the relatively high groundwater table within the subdivision, the construction of full or half basements may not be advisable." 12. That the final construction plans for all the streets, water, sanitary sewer, storm drainage and sidewalks be prepared and submitted pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regulations. 13. That the developer enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, If the final plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 100 percent of the cost of the remaining improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Decision - Zone Map Change - AS to R-3 - Planning Staff - portion of Government Lot 1, Section J 2, T2S, RSE, MPM (southwest corner of intersection of Baxter Lane and North 19th Avenue extended) This was the time and place set for the decision on the Zone Map Change requested by the Planning Staff to change the present zoning of AS (Agricultural Suburban) to R-3 (Residential-- Medium Density) on a portion of Government Lot 1 located in Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is located in the southwest corner of the inter- section of Baxter Lane and North Nineteenth Avenue extended. Acting City Manager Gamradt reminded the Commission that the subject Zone Map Change was requested by the Planning Staff on behalf of Junior Tschache. He noted the public hearing 02-02-87 07C was held on June 16, 1986; and, the decision was deferred until after the annexation process had been completed. Senior Planner Marcia Elkins reminded the Commission that the subject parcel is to be developed as the Baxter Park Subdivision, which was previously approved contingent upon completion of the annexation process. She noted that the requested Zone Map Change Is in compliance with the Master Plan land use designation of medium-density residential. She then stated that the Zoning Commission has recommended approval of the requested Zone Map Change. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the Zone Map Change requested by the Planning Staff to change the present zoning of AS, Agricultural Suburban, to R-3, Residential--Medium-Density, on Government Lot 1, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Application for temporary Beer License; Application for temporary Binqo License, and request for waiver of fee - Bozeman Lions Club - January 31 throuqh February 7, 1987 (for Montana Winter Fair) Acting City Manager Gamradt presented to the Commission an application for a temporary Beer License, along with the required fee, as well as an application for a temporary Bingo License with a request for waiver of the fee, as submitted by the Bozeman Lions Club, for January 31 through February 7, 1987 for the Montana Winter Fair. The Acting City Manager statetJ that the Lions Club did not submit these applications until late last week; and City Manager Wysocki granted temporary approval so they could operate the bingo booth until the Commission had an opportunity to act on them. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the application for a temporary Beer License for the Bozeman Lions Club for the period January 31 through February 7, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commis- sioner Vant Hull and Mayor Mathre; those voting No, none. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the application for a temporary Bingo License for the Bozeman Lions Club for the period . January 31 through February 7, 1987 and waive the fee for said license. Mayor Mathre noted that the annual license fee for a Bingo License is $250.00; and she does concur that $200.00 for the subject eight days seems quite high. She then indicated that she would support a reduction of the license fee, possibly to $50,00, but she does not support waiving the entire fee. The following substitute motion was then placed on the floor: It was moved by Commis- sioner Jordan, seconded by Commissioner Vant Hull, that the Commission approve the application for a temporary Bingo License for the Bozeman Lions Club for the period January 31 through February 7, 1987 and reduce the license fee to $50,00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel and Commissioner Stiff. Request from Battered Women's Network - negotiation of condition in warranty deed that requires that property remain on the tax rolls Acting City Manager Gamradt presented to the Commission a letter from the Battered Women's Network requesting negotiation of the condition in the warranty deed that requires their property to remain on the tax rolls. He reminded the Commission that they had approved signing of the warranty deed to transfer the subject property from the City of Bozeman to the Battered Women's Network at its regular meeting held on November 3, 1986. He noted that I. Condition No. 3 in that deed requires "That the NETWORK shall not take any action to remove i the property from the tax rolls of Gallatin County so long as they occupy the real property;" ' and reminded the Commission that this same condition was contained in the original lease signed in 1981. Ms. Phyllis Bock, President of the Board of Di rectors for the Battered Women's Network, stated that the minutes from the meeting of November 3 indicate that if the Network desired, it could request negotiation of the subject condition. She then stated that the property taxes on 02-02-87 J7-r the subject property increased from $600 to $850 this year, creating a hardship on their limited budget. Ms. Bock stated she has discussed the possibility of filing for tax exemption with the State of Montana Department of Revenue and was assured that the Network could file even though the restriction has been placed in the deed. She indicated that she felt she should approach the Commission first, however, rather than simply filing the application. She also indicated an I interest in paying the City a portion of the property taxes if the tax exempt status is granted. City Attorney Becker noted that the State Department of Revenue must make the decision on whether the subject property qualifies for tax exempt status. He then questioned whether the property taxes could be divided. with the Network paying on the City portion of the assessment. Mayor Mathre noted that if the tax exempt status is approved, the Network would make a payment-In-lieu of taxes for City services, rather paying through the tax assessment process. Commissioner Vant Hull questioned whether the City could enter into an agreement for payment-in-lieu of taxes, noting that legislation introduced during the last session to provide for such payments did not pass. She then indicated that she still feels it would be a good idea for the State to adopt enabling legislation to allow cities to enter into such an agreement with nonprofit organizations who own their property. The Commissioner then asked what proportion of the property taxes goes to the City. Ms. Bock stated she does not have a copy of the tax notice with her, but she will provide that information to the City. Commissioner Martel stated he sympathizes with the Network over the increase in taxes due to the reappraisal; but he feels they fall into the same category as individuals on low fixed incomes. He indicated that he feels the City cannot make an exception in this instance. Commissioner Martel then asked Ms. Bock if she had made application for an appeal when the reappraisal notice was received. Ms. Bock stated that she did not receive the notice from the executive director of the Network until after the deadline date. She then stated that the I Network paid the taxes under protest; however, none of the paperwork had been submitted for an appeal. Commissioner Jordan asked if the Network had paid rent under the lease agreement during the period 1981 through 1986. Ms. Bock stated they did not pay any rent; however, they did pay the property taxes under the lease agreement. Commissioner Jordan stated he would like additional information on the State's process for granting a tax exempt status and whether the conditions in the warranty deed preclude such action on the part of the State. Ms. Bock stated the Network would be willing to enter into an agreement with the City for cash-in-lieu payments if it does file for and receive a tax exempt status. Commissioner Stiff expressed concern about the possibility of setting a precedent if this request is approved, especially in light of the revenue problems. He then asked how many other properties in Bozeman could possibly be affected through action on this item. Commissioner Jordan stated he could support the Network's request as long as they are willing to reimburse the City for the costs of providing services. Ms. Bock stated the deadline for filing an application for tax exempt status is March 1, 1987. Mayor Mathre requested that this item be placed on the agenda for further discussion after the requested information has been obtained. Discussion - draft letter for local governments as prepared by I omrnlSSloner ant u Acting City Manager Gamradt noted that the Commissioners had received copies of a draft letter to legislators, as prepared by Commissioner Vant Hull, in their packets. He noted that this is a result of last week's discussion under "FYI Items. II Commissioner Vant Hull stated she feels it is important for the legislators to know that the City supports them and to remind them that the local governments still need help on revenue sources. She indicated the basic tone of the letter, which contains support, a reminder of prior promises made, an indication that help is still needed, and a reminder that there is not a 02-02-87 078 lot of fat in local government, needs to be maintained; however, she would entertain any suggestions for revision. The Commissioner then stated she feels it is important for the entire Commission, or at least a majority of the Commission, to send a letter to the legislators remind- ing them of local government problems and concerns, Mayor Mathre noted that legislators need to be reminded that they must address local government problems; but she is not sure how they feel about promises made by previous legisla- tive bodies. The Mayor also expressed reservation about sending a letter to all legislators, I indicating that she would support sending letters to the local legislators only. Commissioner Jordan noted that the legislators don't seem to care about promises made by other legislative bodies. Following discussion, the Commissioners concurred that they were not willing to send a letter to all legislators signed by all Commissioners; however, the individual Commissioners may do whatever they deem appropriate. Appointment to Audit Committee (1) It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission reappoint Vern Voegele to the Audit Committee, with a two-year term to expire on February 28, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FYI items Acting City Manager Gamradt noted there were no "For Your Information" items in this week's packet. (1) Commissioner Vant Hull distributed copies of a letter from Ms. Ellen Ornitz, 921 West Koch Street, indicating that she had been hit by a car while shovelling her sidewalk on January 31, 1987. The letter also underlined the need for stop signs at the subject inter- section. The Commissioner then requested that the City staff provide an update on the I recommendations which have been submitted concerning the signing of that intersection. Mayor Mathre requested that an update on the status of the request for installation of stop signs along West Koch Street be placed on the agenda. (2) Commissioner Vant Hull had placed copies of a newspaper article on exotic pets in the Commissioners' mailboxes. Commissioner Jordan indicated an interest in discussing this issue, and possible adoption of an ordinance, in the near future. Mayor Mathre requested that a discussion on the need for an ordinance addressing exotic animals be placed on the agenda for next week's meeting, possibly with Animal Control Officer Connie Lien present to answer .questions. City Attorney Becker stated he has a copy of a model ordinance on exotic animals which he will include in the Commissioners' packets. (3) Mayor Mathre stated she has received a letter from Peat Marwick concerning the impact that the Tax Reform Act with have in financial management, which she will put by the mailboxes for review. (4) The Mayor noted she has received an agenda for the Technical Advisory Committee, which is to meet at 10:00 a.m. on Thursday, February 5, in the Library Community Room. (5) Commissioner Vant Hull stated she will be traveling back from Denver next Monday; and the airplane is due in at 1: 50 p.m. Mayor Mathre suggested that the Commission authorize Commissioner Vant Hull's absence from next week's meeting as a precautionary measure. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize the absence of Commissioner Vant Hull from the meeting of February 9, 1987, in accordance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. (6) Commissioner Jordan expressed disappointment in the evaluation process which was 02-02-87 079 recently completed, He then suggested that the Commission discuss the process as well as the evaluation with the City Manager in open meeting, if he concurs. The Mayor requested that this item be placed on the agenda as soon as possible if City Manager Wysocki concurs. Consent I terns I Items." It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Recess - 3:13 p.m. Mayor Math re decla red a recess at 3: 13 p. m.. to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m, for the purpose of conducting the scheduled public hearings. allow development of a I This was the time and place set for the public hearing on the Conditional Use Permit re- quested by John and Kathy Sobrepena to allow the development of a single-family residence in an R-3- T district. The subject residence is located at 1415 South Church Avenue. Mayor Mathre opened the public hearing. Senior Planner Marcia Elkins presented the Staff Report. She stated the application would allow construction of a single-family residence on a 4.46-acre tract known as Tract 18 of the Bozeman Creek Annexation. She indicated the site is described as a portion of the south- west quarter of the northeast quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, and is more commonly known as 1415 and 141St South Church Avenue. She stated the subject parcel currently contains one single-fami Iy residence, a manufactured home and seven accessory structures. The tract lies in an R-3-T, Residential--Single-family-- Medium-density-- Transitional Overlay, District, which was adopted by the Commission in November 1984. Senior Planner Elkins stated that the three criteria for the "T" district, as well as the six criteria for Conditional Use Permits, were reviewed for this application. She noted that particular areas of concern included location of development within the SOO-year floodplain, soils limitations in the area, and access to South Church Avenue. The Senior Planner stated that the Zoning Commission conducted a public hearing on this application and concurred in the Planning Staff's recommendation for approval, subject to eleven conditions. Mr. John Sobrepena, applicant, stated that he agrees with all of the conditions which I have been recommended by the Zoning Commission. Commissioner Martel noted that, although Sourdough Road is designated as an arterial street in the Master Plan, it does not enjoy the required right-of-way for that designation. Senior Planner Elkins noted that additional right-of-way will need to be purchased before the roadway can be developed to an arterial standard. She then indicated that when reviewing a plan, the designated standard for the street is used in determining setbacks to assure that the structure wi II remain viable after the roadway has been improved. No one was present to speak in opposition to the proposed Conditional Use Permit. Mayor Mathre closed the public hearing. 02-02-87 080 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the one-week waiting interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant -Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit requested by John and Kathy Sobrepena to allow development of a single-family residence in an R-3- T District at 1415 South Church Avenue, subject to the I conditions recommended by the Zoning Commission, as follows: 1. The applicants shall obtain a written statement from the Building Official certifying that the structural design of the building meets the minimum Uniform Building Code requirements for soils with severe limitations prior to final site plan approval. 2. The applicants shall obtain a written statement from the Gallatin County Sanitarian certifying that the existing septic system meets the minimum Montana Department of Health and Environmental Sciences standards prior to final site plan approval. 3. Complete floor plans of the entire structure shall be submitted for review and approval prior to final site plan approval. 4. A complete landscape plan noting compliance with all appropriate requirements shall be provided prior to final site plan approval. 5. Location of the garbage enclosure shall be noted on the final site plan. 6. The projected right-of-way line for South Church Avenue/Sourdough Road and resulting front yard setback shall be noted on the final site plan. The proposed residential structure shall be located outside of the proposed front yard setback. 7. The existing residential structure shall be removed from the site prior to the issuance of a permanent occupancy permit for the proposed residential structure. 8. The existing manufactured home located on the property shall be utilized for storage purposes only and shall not be utilized as a single family residence. 9. The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the I improvements, it must be secured by a method of security equal to one and one-half (H) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. 10. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 11. All on-site improvements shall be completed within 18 months of approval of the final site plan. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. 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 granted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on Commission Resolution No. 2644, I entitled: COMMISSION RESOLUTION NO. 2644 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PAR.TICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS 02-02-87 u81 TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Mathre opened the public hearing. Senior Planner Marcia Elkins gave a brief synopsis of the Staff Report, which was presented to the Commission on November 17, 1986. She noted the applicants have requested annexation of approximately 40 acres, described as Tract A of Certificate of Survey No. 1215, I located in the northwest one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue extended. The Senior Planner noted that the subject parcel is now surrounded by city limits on three sides, with completion of the Perkins, Saccoccia and Tschache Annexation at last week's meeting. She stated the land is currently zoned AS, Agricultural Suburban; and the Master Plan land use designation is medium-density residential. Senior Planner Elkins then stated that the applicant has requested a Master Plan Amend- ment to allow light industrial and commercial development on a portion of the subject tract. She noted that the staff recommended approval of the light industrial and denial of the commercial; and the City-County Planning Board continued the public hearing on this item until the Master Plan update has been completed. She then reminded the Commission of its policy that any Master Plan Amendment on a parcel be completed before the annexation process is completed. The Senior Planner stated that extensive street systems must be installed, as well as water and sewer systems, before development may be started in the area. She noted that one of the recommendations contained in the Staff Report is that the relationship between installation of the improvements and development of the site be tied together. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., indicated that he repre- sents the applicant. He noted that this tract was to have been included in the original annexa- tion, which was completed last week; however, the applicant had not bought out the underlying mortgage on the property until after that process started. He then noted that the annexation I completed last week provides the right-of-way for a major portion of the realignment of Baxter Lane; and annexation of this parcel will allow for completion of that realignment on a smooth curve. Mr. Kinshella then stated that the applicant proceeded with this annexation request prior to completion of the Master Plan Amendment because he felt it could be important to the City's discussions with the State Department of Highways concerning the North 19th Avenue interchange. He further requested that the Commission proceed with the annexation process for this subject tract, since it will take time to complete the necessary paperwork. Planning Director Steve Lere noted that the applicant has submitted a letter indicating that he would like to proceed with that portion of the Master Plan Amendment for light industrial, allowing the commercial portion to wait until the update has been completed. No one was present to speak in opposition to the requested annexation. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion waive the customary one-week waiting interval. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Vant Hull; those voting No being Commissioner Jordan, Commissioner Stiff and Mayor Mathre. A decision will be forthcoming in one week. Public hearing - Tentative Appropriation Ordinance for Capital Improvement Program for Fiscal Year 1986-87 I This was the time and place set for the public hearing on the Tentative Appropriation Ordinance for the Capital Improvement Program for Fiscal Year 1986-87, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD JULY 1, 1986 THROUGH JUNE 30, 1987. Mayor Mathre opened the public hearing. 02-02-87 082 Acting City Manager Gamradt reminded the Commission that City Manager Wysocki had completed a comprehensive review of the listed projects prior to adoption of this Tentative Appropriation Ordinance at the January 12, 1987 meeting. He then noted that two questions were raised during that meeting to which he will now respond. 87-205 Hazardous Materials van equipment - Phase II. The County will pay its portion of the costs from its Revenue Sharing monies. He noted that Commissioner Vant Hull had expressed concern that if the County paid its portion from the I General Fund, City taxpayers would be paying for the equipment twice. 84-308 Water /Sewer capacity analysis. This study would review the capacity of the water and sewer service lines, projecting how many additional hookups could be accommodated with the existing lines. He noted this is different from the analysis which was completed on the treatment plants. Commissioner Martel asked if adoption of the Ordinance In its current tabulated form would create a ranking of projects within the various categories. The Acting City Manager stated that there is adequate funding for all of the projects; and they will be completed based on need and timetables required in the bidding process. Commissioner Martel then expressed reservations about the amount budgeted for rehabili- tation of the Swim Center. He indicated that he feels a comprehensive study should be completed prior to any construction work. Acting City Manager Gamradt stated that an engineering firm will be hired to complete a comprehensive review of the facility prior to any work. He noted that the monies for that review will be taken from the $110,000.00 budgeted under this Ordinance. He further noted that once the costs have been listed in that study, if they are substantially more or less than projected in this Ordinance, plus that portion shown in the Tentative Energy Conservation Capital Improvement Program Appropriation Ordinance listed in the next agenda item, the matter will be brought back before the Commission for consideration. Commissioner Vant Hull questioned whether relocation of the park well from Bogert Park to the linear park would provide as much benefit to the City. I The Acting City Manager indicated that the benefit to be derived from the well will be carefully reviewed before it is installed. No one was present to speak in support of or in opposition to the Tentative Capital Improvement Program Appropriation Ordinance. Mayor Mathre closed the public hearing. The Appropriation Ordinance will be placed on the February 17, 1987 agenda for action. Public hearing - Tentative Appropriation Ordinance for Energy Conservation Capital Improvement Program for Fiscal Year 1986-87 This was the time and place set for the public hearing on the Tentative Appropriation Ordinance for Energy Conservation Capital Improvement Program for Fiscal Year 1986-87, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS ENERGY CONSER- VATION CAPITAL IMPROVEMENT PROJECT ITEM EXPENDITURES FOR FISCAL YEAR 1987. Mayor Mathre opened the public hearing. Acting City Manager Gamradt reminded the Commission that the City Manager had provided a comprehensive review of these items at the January 12, 1987 meeting also. He then noted that the two small rebudgeted items, tuning of the boiler at City Hall and recaulking of windows I at the Carnegie Building, will be completed through this program. He stated, however, that this type of project will be done through the repair and maintenance portion of the operating budget in the future, since the amount is less than $1,000.00. No one was present to speak in support of or in opposition to the Tentative Energy Conservation Capital Improvement Program Appropriation Ordinance. Mayor Mathre closed the public hearing. The Appropriation Ordinance will be placed on the February 17, 1987 agenda for action. 02-02-87 083 Adjournment - 7:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 02-02-87