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HomeMy WebLinkAbout1987-05-18 20G MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 18, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 18,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Stiff. I Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Jordan was absent in compliance with Section 7-3-4322(2), M.C.A. 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 dis- cussion. Minutes It was moved by Commissioner Stiff. seconded by Commissioner Martel, that the minutes of their regular meeting of May 11, 1987, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. (a) Continued discussion - request from Historic Preservation Advisory Commission re hiring of a Historic Preservation Officer; (b) NominatIOn to National Reqister - Bozeman MUltiple Resource Area City Manager Wysocki reminded the Commission that Ms. Joan Kelley. Historic Preservation Advisory Commission, had submitted the request for hiring of a half-time Historic Preservation Officer at last week1s meeting, along with a proposed budget showing anticipated revenues and expenditures. He noted that Ms. Kelley indicated an adjustment to that proposal during this past week. which would seek $6.200 in cash contribution from the City, $1.300 In in-kind I services, and a State grant in the amount of $7,500. Commissioner Stiff asked if this proposal would help buy back Planning staff time, since the Planning Board has allowed Planner Marcia Elkins up to 20 percent of her time in this area. The City Manager stated that Ms. Elkins has not devoted 20 percent of her time to historic preservation activities; therefore, this proposal would not buy back that much staff time. Long Range Planner Elkins stated that she has spent a substantial amount of time on historic preservation activities due to preparation of the nominations for the National Register. She then noted that, although the Planning Board indicated she could devote up to 20 percent of her time on preservation activities, she was not rei ieved of any of her other duties. She indicated that she has worked with the Historic Preservation Advisory Commission, providing administrative help, preparing minutes and providing staff assistance when possible. Commissioner Martel asked if most of the historical sites have been inventoried. Planner Elkins stated that the nomination for the National Register includes eight districts and forty individual sites. She noted another 25 sites need to be researched and possibly pro- posed for the National Register in the future. The Planner then stated that the Historic Preser- vation Officer's duties are not limited to inventorying of sites, but inciude promotional activities, support for preservation of structures, and promoting the community through tourism and travel information. She also noted that distribution of information to the public on items such as tax incentives is an important part of the office. Planner Elkins then reminded the Commission that a year ago, the City applied for, and received, Certified Local Government (CLG) status; and one of the commitments involved is that I the City will work on an overall preservation plan for the community. She noted that plan will become a part of the Master Plan when it is completed. The Planner then noted that the State grant under discussion in this proposal is for operations; and other grants are available for items such as surveys and drafting of a preservation plan. She also stated that an officer could be responsible for coordinating grant monies with private monies to fund the program. Commissioner Vant Hull asked if in-kind services could be used to match State grant monies. 05-18-87 207 The Planner stated that in-kind services can be used to match State monies; however, cash must be available for certain expenditures, including salary and operating costs. She then noted that private contracting could also be considered rather than hiring of a half-time employee. She cautioned if that option is considered, the individual should be required to spend time in the office and to report to staff or the Planning Board, to ensure adequate supervision. Planner Elkins then stated that a substantial number of the successful historic preserva- I tlon programs around the country have been accomplished through public and private sector co- operation. She noted that in Bozeman, developing private resources could help to make this program successful. Mayor Mathre asked the City Manager if there is any way to find the requested monies in the budget. City Manager Wysocki stated he does not feel this is the year to expand on programs. He suggested that the City could provide in-kind services through equipment and facilities, while contributions in the amount of $6,200 could be sought from the private sector to match a State grant application to be sponsored by the City. The City Manager stated he does not feel it is appropriate to consider adding even a part-time position while considering the possibility of eliminating some existing positions during the upcoming budgeting process. The City Manager then asked how long a grant could last and how many times a grant could be sought. Planner Elkins stated that a grant lasts for one year. She then noted that the number of times a grant is received depends upon the federal monies available; and those monies have been decreasing each year. Commissioner Vant Hull indicated she would support the City's providing initial funding for the program, after which the Historic Preservation Officer could probably obtain adequate private monies and State grant monies to keep the program intact. Commissioner Stiff indicated hesitance to approach individuals in the community for monies to support what would be a City program. He then asked if someone on the existing staff could I work on this program. City Manager Wysocki reminded the Commissioners that the Planning staff works for an administrative board. He then indicated that a certain amount of expertise is required for the Historic Preservation Officer position, which only a limited number of the City staff possesses. Commissioner Vant Hull expressed concern that failure to fund this request may cause the Historic Preservation Advisory Commission to question the City's sincerity about the program and leave them feeling frustrated. She then suggested that the Commission direct the staff to write a letter to the Historic Preservation Advisory Commission encouraging them to apply for a grant and to sol icit private funds due to lack of City monies. City Manager Wysocki recommended that the Commission encourage the Historic Preservation Advisory Commission to apply for a State grant, with the matching monies to be through private monies and the City providing in-kind services through office space, equipment and supervision for the program. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion encourage the Historic Preservation Advisory Commission to submit an application for a $7,500 State grant for hiring of a part-time Historic Preservation Officer, with matching monies to be through private sources and the City providing in-kind services in the form of office space, equipment and supervision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Stiff. I Discussion - groundwater grant and its application - Stephan Custer City Manager Wysocki stated that Mr. Stephan Custer had requested an opportunity to address the Commission concerning the application he had submitted for DNRC funding to seek groundwater supplies. Mr. Stephan Custer reminded the Commission that he had appeared before them twice to seek support for his application to the Department of Natural Resources and Conservation for grant monies to fund a groundwater study in this area. He noted that in 1984. he submitted the original application, in the amount of $114,000; and the 1985 Legislature awarded $85.000 for the project. He stated that about six months later, the State contacted him to indicate that the 05-18-87 205 funds were not available for the project after all. Mr. Custer then noted that in 1986, the DNRC asked him If he wished to resubmit his application; he approached the City for reaffirmation of Its support; and resubmitted the application. He noted that the 1987 Legislature reviewed the applications, rejecting the 1986 application and funding the 1984 application in the amount of $85,000. Mr. Custer stated that he has now received confirmation that the $85,000 is available for his project; no matching monies are needed; and he is authorized to begin work. He indicated I the grant is for the purpose of exploring water resources, trying to find channels of underground water and an adequate underground storage area which would provide an adequate supplemental water supply. Mr. Custer then distributed to the Commission a copy of his work plan and projected time- table for completion of the project. He also briefly reviewed the various groups and people who would be involved, including graduate students, two geologists, and the U.S. Geological Service, which will conduct pumping tests on about six wells under this proposal. He noted that this proposal includes testing of three existing wells and drilling of three additional wells. Mr. Stephan Custer stated his goal is to find an area where a well producing 500 gallons per minute can be drilled. He noted that Montana State University drilled a well about a year and a half ago which has not been adequately tested but is known to produce 60 gallons per minutes; and they are preparing to drill another well. He stated that the University plans to use those wells for irrigation purposes, thus relieving some of the current demand on the City's domestic water supply. Mr. Custer then indicated that he would like to work with the City, possibly coordinating the drilling of a well on City property that would be funded by the City and be in an area that would be advantageous to the City as well as to him in his study. He suggested that he be given an opportunity to review the possible areas for drilling in an attempt to scientifically determine possible channels of water under the surface which could be tapped. He noted that testing of the six wells would extend over a period of time, with the results being documented in a series of reports; and hopefully the study would result in finding a good underground channel. I City Manager Wysocki reminded the Commission that one of the projects which has been budgeted for several years under the Capital Improvement Program is a well to be drilled in Bogert Park. He noted that this past year, the specific location was removed from that well, recognizing the pOSSibility that the well might be better located in another park or possibly in the cemetery. The City Manager suggested that it might be in the City's best interests for the staff to work with Mr. Custer on determining the most advantageous location for the well, with the water from that well being used to irrigate parkland or the cemetery, thus relieving the domestic water supply, or possibly being used to help alleviate icing problems in Bozeman Creek during the winter months. Commissioner Martel asked if the well would be drilled in one of the known aquifers or if it would be a pi lot project in an unknown area. Mr. Custer stated a mixture of known surveys and geological computations would be used. He then indicated that geological surveys have indicated that 500 gallon-per-minute wells are possible in this area; however, they are not typically developed. He noted that, although the City may not have need for a 500 gallon-per-minute well in a park, it would be good to know the pOSSibility exists, and could be beneficial to the City in the future. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion authorize and direct staff to continue to work with Mr. Custer on determining a location for drilling of a well which would benefit the City, insofar as feasible and prudent, as budgeted in the Capital Improvement Program, coordinating that drilling with his water research project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant I Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Continued discussion - (b) Nomination to National Register - Bozeman Multiple Resource Area City Manager Wysocki noted that included in the packet is a letter from Community Historic Preservation Officer Marcia Elkins, along with a proposed letter from the Mayor to the State Historic Preservation Office, supporting nominations to the National Register of Historic Places. The City Manager then recommended that the Commission authorize the Mayor to sign the letter of support. 05-18-87 2U9 Historic Preservation Officer Elkins stated this nomination is the culmination of the survey which has been completed. She noted that the nomination includes eight districts and forty indi- vidual properties which are independently eligible. She noted that districts are based on different criteria, including the type of structures, the time period of construction, the fact that a single bui Ider developed an entire area, or possibly historical economic periods. The Historic Preservation Officer stated that the Historic Preservation Advisory Commission I is recommending that the list of properties be nominated; and the State Historic Preservation Office must act upon those nominations before they are placed in the National Register. She then indicated that listing on the Historic Register is an honorary listing and does not affect what a property owner may do with the property; however, if the bui Iding is dramatically changed or removed, it will then be removed from the Register. She noted, however, that the property owners are eligible for tax credits on income-producing structures. The structures are also eligible for federally-funded programs; and rules and regulations governing those programs must be followed when those monies are used. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize Mayor Mathre to sign the letter to the Montana Historical Society supporting the Bozeman Multiple Resource Area nomination to the National Register of Historic Places. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Com- missioner Martel. Commissioner Vant Hull and Mayor Mathre; those voting No, none. Request from Librar Board of Trustees for authority to ex end approximately $10,000 from the und - purchase 0 newspapers an magazines on mIcro orm and relate equipment City Manager Wysocki presented to the Commission a request submitted by the Library Board of Trustees for authorization to expend approximately $10,000 from the Library Trust Fund to purchase newspapers and magazines on microform and the equipment necessary to use the material. He noted that the word processing software which had been originally included in the previous request for expenditure of monies was deleted because of the additional unanticipated expense I for the hardware; and that item should be included in this request also. Commissioner Martel questioned the need for this type of equipment. He noted that the MSU Library has research facilities and questioned the need to duplicate that in the public library. Mr. Steve Cottrell, Director of the Library. stated that many people. including high school students, do reference and research work at the library; and a substantial amount of that research includes magazine articles since they are a good source of current information. He noted that the use of microfiche equipment will reduce the amount of abuse to the paper copies of those magazines. He further noted that at the present time, the library keeps magazines for several years; and under the new system, they would probably be thrown out after one or two years, with the microfiche copies being kept for several more years. Commissioner Martel asked what type of magazines would be purchased on microfiche. Mr. Cottrell stated that the weekly news magazines and business magazines would be pur- chased on microfiche. as well as widely used magazines, such as Good Housekeeping and Cosmopolitan. Commissioner Martel stated he has reservations about approving a request to spend $10,000 in the proposed manner, indicating that he feels it could be spent more wisely for purchase of additional books and general circulation items rather than addressing a function that serves only a small number of people. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commission authorize the expenditure of approximately $10,000 from the Library Trust Fund for the purchase of newspapers and magazines on microform and equipment to use the material. as well as word I processing software for the recently purchased computer. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. 05-18-87 210 This was the time and place set for the decision on the preliminary plat for Spring Meadows Subdivision as submitted by Spring Meadows Partnership for a 18. 6-acre tract located in the north- west one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest on.- quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site I is more commonly known as being located east of East Graf Park. south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. This was also the time and place set for the decision on the Conditional Use Permit re- quested by Spring Meadows Partnership to allow the development of Spring Meadows Subdivision, a residential planned unit development utilizing developmental guidelines, including single-family, multi-family, congregate and retirement care dwelling units. This subdivision consists of a 18.6- acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. City Manager Wysocki reminded the Commission that they had tabled the decisions on the preliminary plat and the Conditional Use Permit requested for Spring Meadows Subdivision so that a full Commission would be present. He then noted that Commissioner Jordan is absent from this meeting and recommended that the decisions be tabled for a period of one week so that the entire Commission is present during these decision-making processes. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that action on the preliminary plat and the Conditional Use permit requested for Spring Meadows Subdivision be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - alignment for extension of North 19th Avenue from Durston Road to West Oak Street I City Manager Wysocki presented to the Commission a memo from Director of Public Service Dick Holmes, concerning alignment for the extension of North 19th Avenue, along with a letter from Mr. Don White. Mr. Dick Holmes indicated on a map the proposed alignment for the extension of North 19th Avenue from Durston Road to West Oak Street. He noted that construction costs for the proposed' alignment of North 19th Avenue and West Oak Street is $2.5 million. He indicated that relocating North 19th Avenue thirty feet to the west would result in not having to pipe Farmers Canal, which would reduce costs by $400,000; and it would also result in not having to relocate the power line. which would reduce costs by $50,000. Mr. Holmes stated that Mr. Roger Smith, owner of the property along the west side of North 19th Avenue, has dedicated right-of-way for one-half the width of the street; and he has indicated a willingness to sell the additional thirty-foot strip necessary for relocation of the street. He indicated that the extension of North 19th Avenue would need to be located on the proper centerline at its intersection with Durston Road; however, that would create no problom since the City owns the lot lying on the east side of North 19th Avenue. He noted the street would then jog, according to federal standards, thirty feet to the west and continue along that centerline to West Oak Street. Commissioner Vant Hull asked if having Farmers Canal along the east side of the street wi II create any safety problems. I Director of Public Service Holmes stated that the sidewalk along the east side of the street might be close enough to the canal to warrant guard rails along a portion; however, those costs would be much lower than the costs to pipe the canal. City Manager Wysocki asked if the State has begun acquisition of right-of-way for this project; and the Director of Public Service indicated that the final paperwork for the design is now being completed. The City Manager then asked if the State would reimburse the City if it purchased the additional right-of-way at this time; and Mr. Holmes stated he does not know. but he wi II contact the State for an answer. 05-18-87 211 Mayor Mathre asked how much the proposed cost reductions would move up construction of the project. The Director of Public Service indicated that the City receives $259,000 in Federal Urban Aid funds each year; so the anticipated cost reductions would move construction up approximately two years, noting the project is now scheduled for construction in 1991. City Manager Wysocki reminded the Commission that a portion of the Gas Tax monies have been set aside in a road improvement reserve under the Capital Improvement Program. He noted I that the Commission may wish to make a conscious decision to use some of those monies to acquire the additional right-of-way if the State indicates that it is not prepared to proceed with early acquisition or will not reimburse the City for the costs of purchasing the property. He indi- cated that if the City bears that cost, it will further reduce the time to beginning of construc- tion. Commissioner Martel asked if the proposed offset will create any problems on a four-lane roadway. Director of Public Service Holmes stated that the intersection of North 19th Avenue and Durston Road must be aligned on the existing centerline. He noted. however, that a road may be offset according to federal highway geometric policy; and the proposed realignment shown on the map generally complies with that policy. Commissioner Martel asked how much FAU money the City currently has built up. The Director of Public Service stated that before October 1986, the City was about $10,000 in the hole for Kagy Boulevard; however, the last allocation received should have put the City in a positive position. He indicated that projects are usually constructed when monies are available by borrowing from other communities' allocations if they are not yet ready to begin construction of their own projects. Commissioner Stiff suggested that the City seek an option to purchase the property, possi- bly submitting that option to the State for their action. City Manager Wysocki indicated that the staff will contact the State Department of Highways concerning acquisition of the thirty-foot-wide strip of right-of-way along the west line of the I existing right-of-way and will submit a report back to the Commission within the next week or two. Discussion - improvements to Durston Road through City/County cooperation City Manager Wysocki submitted to the Commission a memo from Director of Public Service Dick Holmes concerning possible extension of improvements on Durston Road. Director of Public Service Holmes stated that SID No. 651, which is currently under con- struction, provides for paving of Durston Road from North 20th Avenue to about halfway between North 22nd Avenue and North 23rd Avenue as a part of the improvements for the Annie Subdivision, Phase I. He noted the County is also preparing to pave a portion of Durston Road from the north- east corner of Valley Unit Subdivision to approximately North 23rd Avenue, which leaves approxi- mately 400 feet of roadway which will remain unpaved after the two projects have been completed. He noted that the County is simply laying asphalt over the existing gravel; and the work being completed through the SID includes adding gravel to stabilize the base, then laying asphalt. The Director of Public Service then suggested that the City bear the costs of extending the same paving as is being done for the Special Improvement District to connect the two paved surfaces. He noted this could be considered the City.s contribution toward development of Durston Road to arterial standards as opposed to residential street standards. Commissioner Vant Hull asked if it would be better to extend the County's standard of paving rather than the City's standard at this time, especially if upgrading of the street is to occur in the future. I City Manager Wysocki stated the estimated cost of paving the 400-foot stretch to City standards is $17 ,000; and paving it to the County standards would reduce that cost by only $3,000 to $4.000. Commissioner Martel stated support for the proposed extension of paving. He then noted that the City should build according to City standards within the city limits, since that is what it is requiring of the developer. The City Manager reminded the Commission that Gas Tax monies have been set aside in the Capital Improvement Program for future road improvements; and funding of this project could 05-18-87 212 be accommodated through that reserve. He then recommended that the Commission approve extension of the paving. with the costs to be covered through the Capital Improvement Program. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion authorize and direct the staff to proceed with extension of the paving of Durston Road to City standards for approximately 400 feet, at a cost not to exceed $20,000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. I Discussion - possible exceptions to watering restrictions City Manager Wysocki stated that Mayor Mathre had requested this item be placed on the agenda. He indicated that the Cemetery Board has also submitted a letter requesting an exception for the cemetery, which has been included in this item for discussion. Mayor Mathre stated she received a call from an individual who had just seeded his lawn, requesting an exception to the watering restrictions since a newly-seeded lawn requires light daily watering for six to eight weeks. The Mayor indicated that she called the City of Belgrade and found that they have watering restrictions; however, they do allow exceptions for newly- seeded lawns upon application by the property owner, plus exceptions for the City and the schools. She then stated she feels that newly-seeded lawns are the only legitimate case for exceptions to the watering restrictions. The City Manager cautioned the Commission that the City of Belgrade obtains its water through a well system, while the City of Bozeman has surface water sources only. City Manager Wysocki reminded the Commission that they need to address the request sub- mitted by the Cemetery Board also, which would allow them to water for any six hours on the appropriate day rather than the specified hours. He then cautioned the Commission that the restricted hours could cause hardships for others, such as downtown businessl1s which are open from 9:00 a.m. to 5:00 p.m. Mayor Mathre noted that the grass in the cemetery could become dry for a year and would come back the following year. She expressed concern about the parks, however, because grass I in high usage areas is killed if it becomes weakened. She also noted that some of the parks have automatic sprinkler systems, which alleviates the problems that might be incurred through restricted hours. Commissioner Stiff noted that the parks and cemetery are a real advertisement for the community. He then questioned how much allowing an exception for those facilities would impact the reservoir. Director of Public Service Dick Holmes stated the object of the restricted watering hours is to even out the demand on the water system, noting that the watering hours are offset from the commercial business hours. He then cautioned the Commission that allowing an exception for a City facility could cause him problems in trying to enforce the ordinance for everyone else. Following discussion, the Commission concurred that the Cemetery Board's request for an exception to the watering restrictions should not be approved. The Commission then discussed the Mayor's suggestion to provide an exception to the watering restrictions for newly-seeded lawns only. Following discussion, the Commission reached a two to two split; therefore, no exception will be provided for newly-seeded lawns. B rea k - 4: 22 to 4: 35 p. m . Mayor Mathre declared a break from 4:22 p.m. to 4:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. ond water ro"ects; authorization to roceed I City Manager Wysocki stated that Director of Public Service Dick Holmes and Jerry Gaston, Sanderson/Stewart/Gaston Engineering. Inc., are present to discuss water improvement projects for Lyman Creek and a presedimentation pond. The Director of Public Service reminded the Commission of the concerns for the Lyman Creek water supply, which is basically an open supply. He noted that Dr. King has not lifted the boiling restriction on water from that supply because of the possibility of giardia. He indicated that a portion of the system, from the diversion dam to the reservoir, is currently 05-18-87 213 piped; however, from the spring to the diversion dam is open and so is the reservoir. He then reminded the Commission that the City has retained the firm of Sanderson/Stewart/Gaston Engineering. Inc., to conduct field work to determine the feasibility of piping this water supply and to provide realistic figures for completion of that work. The Director of Public Service stated that the City has applied for, and received, a loan from the Department of Natural Resources and Conservation in the amount of $726,000. I Mr. Jerry Gaston, consulting engineer for the project, submitted to the Commission a letter dated May 6, 1987, showing the estimated costs for the various items that would be included in the water system improvements for the Lyman Creek supply. He stated that EPA requirements concerning surface water supplies include chlorination and treatment prior to entering the water system. He noted that if the City could pipe the water supply and provide a spring box at the beginning of the water supply. the Department of Health and Environmental Sciences would waive the filter requirement if the water quality has less than 1.0 turbidity unit. He stated that disinfection by chlorination will still be required; and installation of the ozonation equipment could be installed at the end of three years. Mr. Gaston then reviewed the various units and costs of the project. He indicated that covering of the reservoir with a floating rubberized cover, with an anticipated life of twenty years. would cost approximately $140,000. He stated that is the primary source of any contamina- tion of the water supply. He then indicated that the yard piping around the reservoir was in- stalled in the early 1920's, and much of it is severely deteriorated; and the cost of replacing the pipe which is effectively accessed is estimated at $95.575. Mr. Gaston stated the third Item to be addressed is replacing of the chlorination unit and installation of a turbidity monitoring unit. He noted the old chlorination equipment is unreliable at this time. He then indicated that the turbidity monitoring unit would be installed to determine whether the water has less than 1.0 turbidity unit. He noted that unit could automatically divert any water with more than 1.0 turbidity unit around the reservoir; however, it would have a manual override. He noted the estimated cost for those units is $35,500. I Commissioner Martel asked if the water from this source meets the less than 1.0 turbidity unit requirement. Mr. Gaston stated that the water from the Lyman Creek supply is a unique and high quality water supply; and the water is not often over the 1.0 turbidity unit requirement. Mr. Jerry Gaston then indicated that the City does not have adequate monies to cover and to pipe the entire water supply at this time. He noted that a portion of the pipe between the diversion structure and the reservoir is old clay loose-jointed pipe which is deteriorating and will not withstand any type of pressure. He indicated the cost of replacing that pipe is esti- mated at $153,000. Mr. Caston stated that a spring box is necessary to cover the water source. He noted, however, that there may be more than one source for this water supply; and testing is necessary to determine the number and location of the sources. He indicated to do that will require drill- ing of several holes or else using a backhoe to dig above the spring site and then conducting pump tests. He noted the estimated cost for that testing is $20.000. City Manager Wysocki cautioned that such a test should not be conducted while the City is facing a possible shortage of water for the summer. He further expressed concern that such activity could disturb, or possibly destroy, the water source. Mr. Gaston stated the next item on the list addresses installation of an ozone unit to meet the Department of Health and Environmental Sciences requirements. He noted that Mr. Dan Frazier, DHES, has indicated he will lift restrictions if the City commits to having the unit installed within three years and the turbidity level stays low. He stated the estimated cost of installing that equipment is $158,000. I Jerry Gaston stated that the final item listed is additional piping of the water supply. He noted no cost figures have been placed on this item; however, any of the $726,000 in loan monies not used for the other items would be used to install as much piping as possible. Mr. Gaston stated another possible item. not listed in this letter, is relocation of the reservoir so it is on the same level as the ones along the south side. He noted at the present time, the Lyman Creek reservoir is approximately 100 feet lower than the others. He stated that to complete that relocation, including a 5 million gallon reservoir and the additional piping which would be necessary, would cost approximately $1.9 million rather than the $726,000 for the proposed improvements. 05-18-87 211,- Mr. Jerry Gaston then turned to the second portion of the water projects, which is for a presedimentation pond to be located near the Water Treatment Plant south of the city. He noted that under this proposal, a 20-million-gallon presedimentation pond would be constructed initially with the idea of expanding it to a 40-million-gallon capacity in ten to twenty years, when the population growth warrants the additional capacity. He indicated that one of the recommendations is that the pond be constructed on a site large enough to accommodate the expansion from 20- to 40-million-gallon capacity. He then indicated that a 20-million-gallon presedimentation pond, I twenty feet deep. would require seven to ten acres. Mr. Gaston stated that at the present time, it takes eighteen to twenty hours for any water diverted from Hyalite Creek to hit the Water Treatment Plant. He noted that with the current system, approximately thirty adjustments are required over a three-month period to minimize the amount of water that must be diverted around the plant due to unanticipated rain- falls or possible decreases in use. Mr. Gaston indicated that the presedimentation pond would provide an area for storage before the plant, which would dramatically reduce the amount of water which is diverted around the plant, would decrease the number of adjustments necessary at Hyalite Creek during the summer months, and provide a settling area for the water before it goes into the plant for treatment. Mr. Gaston stated another part of the project would be to replace a portion of the clay tile pipe from the diversion of Bozeman Creek to the new piping. He noted the old pipe is deteriorated and cannot withstand any pressurization. City Manager Wysocki stated the estimated cost of these improvements is $1.77 mi lIion, plus any costs the City may encounter for purchase of a site for the presedimentation pond if current City property is not utilized. Commissioner Stiff asked how the improvements would be funded. The City Manager stated that a revenue bond issue would be necessary. He then reminded the Commission that the City may incur costs from the renovation and possible expansion of Hyalite Dam and reservoir within the next few years, at an estimated cost of $4 million. Also, the loan from DNRC for the Lyman Creek water improvements will be repaid over a twenty-year I period. City Manager Wysocki then recommended that the Commission authorize preparation of the final engineering designs for these two projects at this time. He noted that if the City does not have the monies to implement the improvements, the designs can be put on the shelf until such time as monies are available. Commissioner Stiff asked about the revenues realized from the last water rate increase. The City Manager reminded the Commissioners that the Public Service Commission did not approve the entire rate increase requested. Also, consumption was lower than anticipated, affecting the revenues also. He then indicated that the rates did generate adequate revenues to cover the costs of operation. including debt service; however, the Water Fund still has an out- standing loan from the General Fund which must be repaid. Commissioner Martel asked how replacing Mystic Dam would fit into the picture. Director of Public Service Dick Holmes stated that Mystic Dam could be reconstructed in a different location; and the latest estimated cost is $5 million. Commissioner Stiff asked what the cost of the final designs would be. The City Manager stated that the cost of the design is based upon the cost of the project, estimating the cost for the presedimentation pond at $150.000 and Lyman Creek at $73,000. Commissioner Martel expressed reservations about the proposed improvements at Lyman Creek, indicating that he feels the entire project should be done now rather than on a piecemeal basis. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commission I authorize Sanderson/Stewart/Gaston Engineering, Inc.. to proceed with final designs for the Lyman Creek water improvements and the presedimentation pond. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull. Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Recess - 5:55 p.m. Mayor Mathre declared a recess at 5: 55 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings and completing the routine business items. 05-18-87 215 Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearin - Zone Code Amendment - replace Chapter 18.44 of the Bozeman Municipal Code re azard Istrlcts I This was the time and place set for the public hearing on the Zone Code Amendment to replace Chapter 18.44 of the Bozeman Municipal Code regarding flood hazard districts. Mayor Mathre opened the public hearing. Zoning Administrator Mike Money presented the Staff Report. He stated the purpose of the proposed Zone Code Amendment is to incorporate changes that have been made by the State of Montana Department of Natural Resources and Conservation in Helena. He noted that the changes generally address use of the term "manufactured home" rather than "mobile home" and changes in the nomenclature used on maps. The Zoning Administrator stated that, as part of its participation in the flood hazard program, the City must adopt any and all changes that have been adopted by the DNRC so that affected residents may be eligible for flood insurance or flood hazard assistance in case of a flood. Zoning Administrator Money stated that the Zoning Commission considered this item as a consent item and concurred in the staff's recommendation for approval. Mayor Mathre asked about the A and AO zones listed in the report. The Zoning Administrator stated that the A zone is the active floodway, where the flood waters are moving. He noted that the AO zone was formerly the B zone, and is the shallow flood area where water is built up but not moving. Commissioner Martel asked what avenues are available to an individual for a hardship case created by the flood hazard district. Zoning Administrator Money stated that an individual may submit an application to the Board of Adjustment. I Commissioner Stiff noted that one of the sections addresses substantial improvement and asked who will monitor the amount of improvement on a site located within the flood hazard district. The Zoning Administrator indicated that the Building Official will monitor that through the building permit system. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion waive the customary one-week waiting Interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Zone Code Amendment requested by the Planning Staff to replace Chapter 18.44 of the Bozeman Municipal Code regarding flood hazard districts. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. - Zone Code Amendment - amend various sections of the Bozeman Municipal Code - annm Irector aut orlty rovisions 0 t e code; This was the time and place set for the public hearing on the Zone Code Amendment to I amend various sections of the Bozeman Municipal Code, giving the Zoning Administrator and the Planning Director the authority to enforce the provisions of the code; and correcting cross- referencing. Mayor Mathre opened the public hearing. Zoning Administrator Mike Money presented the Staff Report. He stated that this proposed Zone Code Amendment changes the language in several sections of the Code to place the land use and zoning enforcement authority on the Zoning Administrator and, in some instances, the Planning Director rather than the Building Official. He noted this change is in accordance with the changes in administrative structure recently completed following Gene Yde's retirement as Building 05-18-87 21C Official last fall. The Zoning Administrator noted that all zoning enforcement is now handled through the Planning Department rather than the Building Inspection Division as it was in the past. Zoning Administrator Money stated that the Zoning Commission considered this Zone Code Amendment under its consent items and concurred in the staff's recommendation for approval. Commissioner Martel asked if this change will help to streamline the process for appl icants. I The Zoning Administrator stated that this system should provide a more streamlined process, making it easier for applicants. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commis- sioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission approve the Zone Code Amendment requested by the Planning Staff to amend various sections of the Bozeman Municipal Code, giving the Zoning Administrator and the Planning Director the authority to enforce provisions of the code and correcting cross-referencing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No. none. Code This was the time and place set for the public hearing on the Zone Code Amendment to amend Section 18.50.150 of the Bozeman Municipal Code, limiting the height of fences along the linear park to four feet in the rear yard setbacks. Mayor Mathre opened the public hearing. I Zoning Administrator Mike Money presented the Staff Report. He stated that the Planning Staff submitted this Zone Code Amendment to the Zoning Commission for consideration pursuant to City Commission action of November 24, 1986 on the original Zone Code Amendment. H. noted that this amendment limits the height of fences in rear yard setbacks to four feet where they border along a linear park. The Zoning Administrator stated that, following its public hearing, the Zoning Commission members placed several motions on the floor; however, none of them passed. He indicated the Zoning Commission then submitted a resolution to the City Commission which recommends neither approval or denial of the Zone Code Amendment. Zoning Administrator Money stated that one of the concerns expressed during the public hearing before the Zoning Commission was whether the height of existing fences would be affected by this Amendment. He noted that any existing fence will be grandfathered in; therefore, it wi II not be affected. Commissioner Vant Hull asked if the copy of the petition submitted by Mr. Ron Newville at the Zoning Commission's public hearing was dated prior to the Commission's decision on the original Zone Code Amendment. The Zoning Administrator stated that the petition is dated November 24, 1986. which is the date upon which the Commission made its decision. He noted that the petition was originally submitted to the Commission following its motion and vote on the issue. Commissioner Vant Hull reminded the Commission that the original Zone Code Amendment contained several other items. including height restrictions on vegetation and prohibitions on structures in the rear yard setbacks, which are not included in this Amendment. She noted, I therefore, that the petition which Mr. Newville submitted during the Zoning Commission hearing does not address the Amendment before the Commission at this time. Commissioner Martel noted that he had testified as a private citizen before the Zoning Commission. He then indicated his concern is that the staff report is written to address the Milwaukee Railroad right-of-way; and he feels it should be more general, addressing any linear park which may be developed in the future as well as this linear park. Zoning Administrator Money noted the intent of the Amendment is that it will apply to any linear park. He stated that it was a technical error in the staff report to address only the 05-18-87 ----- ---- -----------------..-- 217' existing linear park and not to include any future linear park. Mayor Mathre asked if rezoning would better address the issue. The Zoning Administrator stated that this Amendment affects the supplemental chapter of the Zone Code as it pertains to linear parks, no matter what zones may be abutting that use. He noted that the supplemental chapter provides specific regulations for specific activities that may occur within a zone; however, those regulations may not be appropriate for the entire zone. I Mayor Mathre asked if there are height limitations on fences within zoning districts under genera I ci rcumstances. The Zoning Administrator stated that fences are limited to four feet in the front yard and eight feet in the side yard in residential districts. He further noted that there are height limitations on vegetation located within the sight distance triangles at intersections. Mayor Mathre read a letter of support for the Zone Code Amendment. as submitted by the Bridger Ski Club Nordic Division. Mr. Jody May, 1219 South Tracy Avenue, noted his property abuts the linear park. He stated that the Zone Code Amendment before the Commission at this time is a good compromise which addresses concerns expressed by the users of the park as well as residents along the linear park. He noted that the four-foot fence restriction allows the property owner to delineate his property line while providing the open atmosphere which is characteristic of a park. Mr. May stated that the property owner may be assured of privacy by planting of vegetation, which has no height restriction. He further noted concern has been expressed about security; however, he noted that fences will not necessarily deter an intruder. Ms. Joanne Jennings, Recreation Advisory Board, noted she was a member of the original committee which worked on acquisition of the Milwaukee Railroad right-of-way for the existing linear park. She noted that a large percentage of the homeowners were contacted individually prior to purchase of the property; and the installation of fences was not even discussed at that time. Ms. Jennings then expressed support for the proposed Zone Code Amendment and encouraged the Commission to approve it. I Mr. Paul Brown, 1624 South Third Avenue, stated support for the Amendment, noting that a four-foot fence is adequate. Mrs. Sandra Colvard, 428 East Story Street, stated she would like to see the linear park maintained as it is with as few restrictions and barricades as possible. She noted that thei r back yard abuts the linear park; and they have not had any problems with people abusing their property. She also noted that vegetation provides for privacy more effectively than a high fence. Mrs. Colvard then requested that the City post signs at the accesses to indicate that motorized vehicles are not allowed within the park area. Mrs. Amanda Cater, Recreation Advisory Board, stated she is speaking as a user of the linear park. She encouraged the Commission to approve the Zone Code Amendment, noting that property owners may plant shrubbery which will provide privacy and enjoyment for both residents and users of the park. Mr. Lee Stroncek, 818 South B lack A venue, spoke in favor of the Zone Code Amendment, noting that a four-foot fence is adequate. He also expressed concern about the use of motorized vehicles within the linear park and stated he feels that should be addressed as soon as possible. Mr. Dennis Schweitzer, 1611 South Willson Avenue, stated the property owners should have a right to build a fence at any height, indicating he is strongly opposed to the proposed Zone Code Amendment. Mr. Fran Sprinkle, 1711 South Willson Avenue, noted that 70 percent of the residents along the linear park had signed the petition of opposition which Mr. Newvi lie had submitted. He then asked if that has any effect on the Commission's deCiSion-making process. I Zoning Administrator Mike Money stated that if a certain percentage of property owners oppose a Zone Map Change, the Commission must have at least a 4-1 affirmative vote to approve the change; however, there are no such requirements for a Zone Code Amendment. Mr. Sprinkle then stated opposition to the proposed Zone Code Amendment, noting that the property owners should be able to construct a fence at any height along the property line. Mr. Herb Kirchhoff, 1542 South Grand Avenue, expressed concern about the process which has been followed and fai lure to serve notice upon each abutting property owner. The Zoning Administrator stated that the Zone Code requires that notice for any Zone Code Amendment be published in the newspaper; however, it does not require personal notice. 05-18-87 213 Mr. Kirchhoff stated that he feels the property owners should receive written notice when a Zone Code Amendment may affect them, rather than them being expected to pick up those items from the newspaper. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull that the Commission waive the customary one-week waiting interval. The motion died for the lack of a second. A decision will be forthcoming in one week. I Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Informationll items. ( 1 ) A summary of the goals developed during the town meetings held on April 29 and April 30. Mayor Mathre requested that discussion of goals for the upcoming fiscal year be placed on next week's agenda. (2) The water report for the week ending May 14, 1987, as prepared by the Di rector of Public Service. The City Manager noted these reports will be included in each week's packet until the watering restrictions have been removed. (3) Commissioner Vant Hull distributed copies of a letter to the editor which she plans to put in the newspaper. She asked the Commissioners if they wished to make any changes or sign the letter with her, but stated that her main concern is to encourage the Commission, either formally or informally, during the next year to clear up public misconceptions about the Clty's operations; that clearer understanding will help prevent the passage of a future C-27 type of initiative. Following discussion, the Commissioners encouraged her to place the letter in the newspaper; however, no one wished to sign the letter with her. (4) The City Manager reminded the Commissioners of the 20th anniversary dinner to be held at noon on Wednesday, May 20. I Consent Items 7 to A Block Grant Pro ram ommlttee Claims It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed, and that 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 Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 8:17 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Stiff and Mayor Mathre; those voting No. none. JUDITH A. MATHRE. Mayor ATTEST: Clerk of the Commission 05-18-87