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HomeMy WebLinkAbout1987-08-31 38G MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 31, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 31, 1987, at 2:00 p,m. Present were Mayor Mathre, Commissioner I Stiff, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Jordan and Commissioner Martel were 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 Vant Hull, that the min- utes of the regular meeting of August 24, 1987 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Special Improvement District No. 652 - water, sewer and pavin in This being the time and place set for opening of bids for the construction of Special Improvement District No. 652, for construction of water, sewer and paving in Graf's Second Sub- division. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud: Figgi ns Sand and Gravel, I nc. $336,419.42 Bozeman, Montana License No. 4075A Clause Excavating $357,393.13 Billings, Montana License No. 5625A Pioneer Ready Mix $297,888.00 Bozeman, Montana License No. 6503A Big Sky Paving Co., Inc. $310,009.94 Bozeman, Montana License No. 4384A Sime Construction, I nc. $310,429.41 Bozeman, Montana License No. 5354A It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being none. - Foun- I This was the time and place set for review of the preliminary plat for the amended sub- division plat of Block A, Tracy's Third Addition, as requested by Foundation Capital Corporation for the Bozeman Deaconess Foundation. The subject site is that block which is bounded by West 08-31-87 389 Lamme Street, North Willson Avenue, West Beall Street and North Tracy Avenue, and is common- ly known as the old hospital site. Long Range Planning/Subdivision Administrator Marcia Elkins presented the Staff Report. She indicated that the plat for the subject block was originally platted in the 1890's; and that plat divided the 1. 48-acre tract into sixteen lots. She stated that under this application, the old boundary lines would be deleted; and three tracts would be created. She noted that the old I hospital building is currently located on this site; this preliminary plat would divide that property as well as the building into three parcels, one being the west wing, one being the old main part of the hospital, and one part being the east wing. The Planner stated that if this application is approved, each portion of the building may be sold independently. Planner Elkins stated that two separate water and sewer services currently run into the wings of the building; and a new service would be required for the center portion if this ap- plication is approved. She then noted that right-of-way dedication and vacation of public right-of-way is proposed for a strip along the western boundary of this property to accommodate encroachment of the sidewalk onto private property and encroachment of the existing structure onto public property. She stated that a wider strip is to be dedicated along the eastern bound- ary of the property to accommodate encroachment of the sidewalk onto private property; and the applicant has also requested that a narrow portion of that right-of-way be vacated where the building encroaches onto the public right-of-way. The Planner then stated that the subject parcel is located in the B-3, Central Business, District; and no minimum setbacks are required within that zone. She noted that development already exists on the site, as well as in the surrounding area. She stated that the staff re- viewed the eight public interest criteria for preliminary plats and found this application in general compliance with those items. The Planner indicated that the staff recommended that the prel iminary plat be approved, subject to five conditions; and the City-County Planning recom- mended approval, subject to four conditions after conducting its public hearing. She stated the staff does support the Board's recommendation, noting that the applicant has already addressed I the fifth recommended condition by submitting a request for vacation of a portion of the public right-of-way along the western boundary. The Planner stated that the Board also recommended a partial waiver of the Community Assessment and the Environmental Impact Statement. Mr. Ron Allen, Allen and Associates, indicated he is representing the appl icant. He stated they are willing to accept all of the conditions recommended by the City-County Planning Board. Commissioner Vant Hull asked if a decision is required shortly because of the timetable for a proposed project on this site. Mr. Allen stated that he would like the Commission to make a decision on the preliminary plat, as well as the right-of-way vacation, as quickly as possible. Mr. Page Wellcome submitted to the Commission a written statement of opposition, based on the Section 8 Moderate Rehabilitation Program. He then stated that he feels trying to con- struct three condominium units in one building could create problems with the Section 8 monies. He also noted that under this preliminary plat, one unit could be developed as low-income hous- ing; the center unit could be developed as commercial; and the third unit could be developed in whatever manner; and those uses may not be compatible. Mr. Wellcome stated it was his understanding that the developers of the old hospital site were given sixty to ninety days to obtain financing for their project; and if that were not ac- complished, the Blackmore Apartment project would be next in line for the Section 8 monies. Mr. Wellcome noted that if this preliminary plat is approved, the existing building wi II be divided into three separate legal segments which can be conveyed, mortgaged and encumbered I separately. He stated the building is a large one; and he feels it should be maintained as a single unit, noting that he feels to split the structure would be a mistake. He encouraged the Commission to deny the application, noting he does not feel it is in the community's best in- terests. City Manager Wysocki reminded the Commissioners that the item before them at this time is a land use matter only and has nothing to do with prior action on Section 8 monies. Mr. Dick Klein, Foundation Capital Corporation, stated that the preliminary plat is neces- 08-31-87 39U sary so they can obtain the necessary financing for their project, which is to be located on this site. He noted that the corporation has invested $80,000 in the project to date; and they can receive no financing until after the preliminary plat has been approved. The City Manager concurred in the City-County Planning Board's recommendation for ap- proval, subject to four conditions. It was moved by Commissioner Vant Hull that the Commission approve the amended subdi- vision plat of Block A, Tracy's Third Addition, as requested by the Foundation Capital Corpor- I at ion for the Bozeman Deaconess Foundation, subject to the following conditions, as recommended by the City-County Planning Board: 1. Prior to final plat approval the applicant shall provide cash-in-lieu of park- land dedication in accordance with the Bozeman Area Subdivision Regulations; 2. Individual sewer and water service stubs shall be provided to each lot. If the plat is to be filed prior to all the improvements being installed and ap- proved by the City of Bozeman, the developer shall enter into an Improve- ments Agreement with the City of Bozeman and that it be secured by an accept- able method of security equal to one hundred fifty percent (150%) of the amount of the cost of installation on the remaining scheduled improvements. Also, plans and specifications for construction must be approved as per Chap- ters 16.26 and 16.40.030 prior to submittal of final plats. The Improvements Agreement will contain a construction time scheduled and a method of payment to the City of Bozeman for the inspection of the improvements installation; 3. All certificates on the face of the plat shall be corrected to incorporate the language identified in Section 16.40 of the Bozeman Area Subdivision Regula- tions, prior to final plat approval; and 4. The applicant shall obtain approval by the Montana Department of Health and Environmental Sciences prior to final plat approval. The motion died for lack of a second. Commissioner Stiff stated he feels action should be deferred until after the staff has had an opportunity to review Mr. Wellcome's letter and submit a recommendation to the Commission. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that action on this item be tabled until after the staff has had an opportunity to review and respond to Mr. I Wellcome's letter. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - sale of street lights along Main Street from Broadway Avenue to Eighth Avenue to Montana Power Company City Manager Wysocki noted that a memo concerning this item was included in the pack- ets. He stated that he has talked with members of the downtown community as well as represen- tatives from Montana Power Company about replacing the low-pressure sodium light fixtures along Main Street with the high-pressure sodium light fixtures, which would produce more light at approximately the same cost. The City Manager stated that, unlike most special improvement lighting districts, the City currently owns the light standards, masts and fixtures for Special Improvement Lighting District Nos. 361 and 362; and at the present time, must bear the costs of replacing the low-pressure with high-pressure sodium fixtures. He indicated that Montana Power Company has stated a wil- lingness to purchase the 52 fixtures, masts and poles involved at a cost of $5,000. Montana Power Company will then install the new fixtures at their cost. He recommended that the Com- mission approve this proposed sale of street lights, noting that if the sale is completed shortly, the new lights can be installed prior to the Christmas Stroll. Commissioner Stiff asked if outlets are to be installed on the light poles as a part of this project. He noted that was a part of the original proposal discussed by the downtown merchants. City Manager Wysocki stated that Montana Power Company has indicated a willingness to I install a loop circuit at the top of each pole when changing the light fixtures; however, it would cost the City between $5,000 and $6,000 to run the power back down the pole and install out- lets. He indicated that conversations with members of the downtown merchants resulted in the determination that it would not be in the community's best interests to do so. He noted that the method of running extension cords from stores has worked in the past; and the merchants feel that a lot of power can be purchased for that amount of money. 08-31-87 3::31 Commissioner Stiff stated it was his impression that Montana Power Company would install the outlets at no additional cost. The City Manager indicated that the possible installation of outlets was discussed earlier in the process. He noted that a cost has been attached to that process since the sale of fix- tures was discussed; and the downtown merchants involved have reached a consensus that the benefit derived would not be equal to the additional costs involved. I Commissioner Stiff indicated that as long as the downtown merchants agree with this ar- rangement, he has no problem with it. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission authorize the City Manager to proceed with the sale of the street lights along Main Street from Broadway Avenue to Eighth Avenue to Montana Power Company for the quoted price of $5,000. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the Supreme Court of the State of Montana ruling on Pollard vs. the City upholding Judge Gary's decision for the City. (2) A copy of Lyle Biekert's structural inspection report on the bandshell. Commissioner Stiff asked for a rough estimate of the costs involved in repairing or re- placing the bandshell. (3) Water use report for the week ended August 27, 1987. The City Manager indicated that the next report will probably be the last one issued for this summer. (4) A letter from the Department of Health and Environmental Sciences indicating that the City's application for funds to rehabilitate the percolation beds at the Waste Water Treatment Plant has been ranked as the second project to be funded during the upcoming federal fiscal I year. The City Manager indicated that this grant will pay for 100 percent of the construction costs for this project. (5) A copy of the second letter to be sent to those businesses who have not responded to the first letter of subsequent telephone call concerning purchase of a local business license. The City Manager indicated that the administrative intern will be sending about thirty of these letters out this week. (6) The City Manager reminded the Commissioners that next week's meeting will be held on Tuesday due to the Labor Day holiday. (7) Mayor Mathre noted that the I nteragency Breakfast is to be held on Wednesday, September 9 at 7:00 a.m. at the GranTree Inn. She reminded the Commissioners that she will be out of town during that week. Consent Items and hot mix I and hot mix Acting Clerk of the Com- It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Consent Items be approved as listed above, and that the appropriate persons be authorized and 08-31-87 39~~ directed to complete the necessary actions. 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, none. Fifth Monday discussion City Manager Wysocki noted that the Commissioners have requested that each fifth Monday be set aside for this type of discussion. I Commissioner Vant Hull stated she is not su-re this type of discussion should be conducted when two of the Commissioners are absent. Commissioner Stiff stated concurrence with Commissioner Vant Hull's concern. He noted that the total Commission should be present. Recess - 2:55 p.m. Mayor Mathre declared a recess at 2: 55 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p.m. for the purpose of conducting the sched- uled public hearing. Public hearing - Tentative Appropriation Ordinance for Fiscal Year 1987-88 This was the time and place set for the public hearing on the Tentative Appropriation Or- dinance for Fiscal Year 1987-88, entitled: TENTATIVE APPROPRIATION ORDINANCE AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRI- ATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT I OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1988. Mayor Mathre opened the public hearing. City Manager Wysocki noted that the staff prepared the recommendations for this year's budget and submitted it to the Commission on July 27, 1987. He reminded them that the work sessions held on August 3, August 4, August 11 and August 17 were conducted during open Com- mission meetings, which were open to the public. He then indicated that the tentative ap- . J:'>ropriation ordinance was adopted on August 17; and the public hearing was set for this meet- ing. The City Manager noted that total amounts budgeted under the various funds, include: $3,752,587 in the General Fund; $831,816 in special revenue funds; $240,000 in debt service; $3,752,368 in the enterprise funds; and $294,461 in internal service funds, for a total of $8,871,232 for Fiscal Year 1987-88. The City Manager stated that this budget includes some reductions in personnel, some reductions in operations, and a decrease in the small capital purchases. The City Manager stated that Revenue Sharing funds are not being used to balance this year's budget. He then indicated that the mill levy to support this budget is 127.68 mills, which is down from the 129.78 mills projected for last year's budget. He noted th i s meets the requirements of State Initiative 105. City Manager Wysocki stated that two new positions have been budgeted under the sewer operations portion of the budget. He noted those individuals will be assigned to sewer line maintenance and replacement, particularly in those areas where back-ups have begun. He indi- I cated that 10 percent of those employees' time is being budgeted to the water operations; how- ever, with the current status of that fund, additional costs cannot be placed on it. The City Manager indicated that depreciation is included in all of the enterprise funds; and that has made the largest difference in this year's budget over past years' budgets. The City Manager stated that included in the Commissioners' packets was a memo from Com- missioner Martel indicating his views on the budget. 08-31-87 3~3 Mr. Jim Taplin, 221 West Hayes Street, asked if any General Fund monies are being appro- priated for the Water Fund. He noted that with new construction in the community, the City should see a consistent rise in the amount of water revenues. Mayor Mathre stated that no General Fund monies are appropriated to the Water Fund. She indicated that projected revenues for that fund are based on the monies to be collected from the water bills. She noted this fund is an enterprise fund; and, therefore, must support itsel f. I The Mayor read Commissioner Martel's memo into the record. The memo indicates that this budget is a frugal one; however, he stated opposition to the snow removal enforcement bud- get unit and the $4,000 budgeted for purchase of road salt from Gas Tax Apportionment. monies. Commissioner Vant Hull stated she has also been interested in removing salt from the streets; however, she realizes that until an alternative can be funded, the salt must continue to be used. She noted that salt does help to melt the snow during cold spells; and one alternative to that is to plow and truck the snow from the streets, which wi II cost more. Mayor Mathre closed the public hearing. Action on the final Appropriation Ordinance for Fiscal Year 1987-88 will be taken at the regular Commission meeting to be held on September 21, 1987. City Manager Wysocki submitted to the Commissioners a memo of response to Mr. Page Well- come's letter presented during the afternoon session. He stated that Mr. Wellcome's letter of August 31, 1987, is entitled "Section 8 Moderate Rehabilitation Program;" and that is the item addressed. He noted that the sixty- to ninety-day period referred to is only an estimate of the time needed to obtain financing, not a firm timetable. He then noted that as long as a project is moving forward, there is no reason to change the project to be financed; and it would not be in the City's best interests to do so. I The City Manager reminded the Commission that the issue before the Commission at this time is the replatting of the sixteen lots upon which the old hospital is located into three lots. He once again concurred in the City-County Planning Board's recommendation for approval, sub- ject to four conditions. Commissioner Stiff stated that since the City Manager and the City Attorney have had ade- quate time to review the letter submitted by Mr. Wellcome and prepare a response, he is willing to make a decision at this time. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the pre- liminary plat for the amended subdivision plat of Block A, Tracy's Third Addition, as requested by the Foundation Capital Corporation for the Bozeman Deaconess Foundation, subject to the fol- lowing conditions, as recommended by the City-County Planning Board: 1. Prior to final plat approval the applicant shall provide cash-in-lieu of park- land dedication in accordance with the Bozeman Area Subdivision Regulations; 2. Individual sewer and water service stubs shall be provided to each lot. If the plat is to be filed prior to all the improvements being installed and ap- proved by the City of Bozeman, the developer shall enter into an Improve- ments Agreement with the City of Bozeman and that it be secured by an accept- able method of security equal to one hundred fifty percent (150%) of the amount of the cost of installation on the remaining scheduled improvements. Also, plans and specifications for construction must be approved as per Chap- ters 16.26 and 16.40.030 prior to submittal of final plats. The Improvements Agreement will contain a construction time scheduled and a method of payment to the City of Bozeman for the inspection of the improvements installation; I 3. All certificates on the face of the plat shall be corrected to incorporate the language identified in Section 16.40 of the Bozeman Area Subdivision Regula- tions, prior to final plat approval; and 4. The applicant shall obtain approval by the Montana Department of Health and Environmental Sciences prior to final plat approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. 08-31-87 391r Adjournment - 7:15 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 Stiff, that the meeting be adjourned. 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, none. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission I I 08-31-87