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HomeMy WebLinkAbout1987-09-21 L~05 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 21, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 21,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Stiff, Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Martel requested that the claims listing be removed from the Con- sent Items for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 14, 1987 be approved as amended. 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. Award bid - renovation of the Swim Center This was the time and place set to award the bid for renovation of the Swim Center. City Manager Wysocki submitted to the Commission a copy of the bid tabulation, along with a recommendation from the Recreation Advisory Board and a letter from Dick Prugh, archi- tect for the project. The City Manager indicated that the bids received were over the amount budgeted for this project. He stated that the architect has reviewed the bids and has submitted a recom- mendation that the bid be awarded to Tracy Cowdrey and Associates in the bid amount of I $293,393, less $29,707 in items being deleted from the project in a future change order, for a net construction cost of $263,686. The City Manager then concurred in that recommendation, noting that the items to be deleted will not affect the purpose of this renovation. Commissioner Martel asked how much has been budgeted for this project. City Manager Wysocki stated that about $180,000 has been budgeted between the Capital Improvement Program and the Energy Conservation Capital Improvement Program. He then indi- cated that this project will be funded through a $287,000 loan through INTERCAP at an interest rate of 5.625 percent. Commissioner Vant Hull asked what has been deleted from the original items bid. Mr. Dick Prugh stated that items deleted include carpeting; installation of a front entry vestibule; reduction in the exterior insulation from R-28 to R-22 in the roof and the walls; mis- cellaneous painting; installation of doors and windows that would make a nice atmosphere; re- moval of the sliding glass door on the north side of the pool; changing of ceiling tiles that have been stained; and replacement of some door hinges. Mr. Prugh then indicated that the four items which are to be completed under this project include installation of a new mechanical sys- tem; electrical renovations; installation of a new roof vapor barrier system, insulation and roofing at the pool room and lower entry structure; and installation of a new wall vapor barrier, insulation and exterior finish at the pool and lower entry structure. Mr. Prugh stated that the work to be completed will decrease the amount of humidity in the building; and installation of the new vapor barriers should slow deterioration of the struc- I ture sUbstantially. Commissioner Vant Hull asked Mr. Prugh how much time he will spend inspecting the work being completed, particularly the installation of insulation. Dick Prugh stated that the insulation to be installed at this time is styrofoam board in- sulation, which is located on the exterior of the structure and on the roof, where it is easily visible. He then indicated that the construction supervision will be billed on an hourly basis; and he will supervise it on an as-needed basis. Commissioner Stiff asked where the responsibility will fall if problems are incurred after this project is completed. 09-21-87 40G Mr. Prugh stated that he does not anticipate any problems. He noted this procedure is not the ideal one; however, it is adequate and falls within the budgeted amount. Commissioner Martel asked what the total cost of this project will be. City Manager Wysocki stated that the architectural and engineering fees and the con- struction costs total approximately $287,000; and the construction supervision will cost ap- proximately $3,500. Commissioner Stiff suggested it may be beneficial for the City to implement a long-range I plan for maintenance and replacement of buildings so that items such as this are anticipated a decade or so in advance. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bid for renovation of the Swim Center be awarded to Tracy Cowdrey and Associates, Bozeman, Montana, in the bid amount of $293,363.00, less the specified items to be deducted in a change order, it being the lowest and best bid received. 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 being Commissioner Jordan. Request for one-year extension of Prel iminary Plat for Westfield Subdivision, Phase II, and Planned Unit Development City Manager Wysocki presented to the Commission a letter from Clair W. Daines, Inc., requesting a one-year extension of the preliminary plat and the planned unit development for Westfield Subdivision, Phase II, along with a memo from Assistant Planner Bi II Murdock recom- mending approval of the request. The City Manager reminded the Commission that the subject site is located along the west side of Wagon Wheel Road, just south of West Graf Street. He then concurred in the staff's recommendation for approval of the one-year extension. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission approve the request submitted by Clair W. Daines, Inc., for a one-year extension of the preliminary plat and the planned unit development for Westfield Subdivision, Phase II. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, I Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. or City Manager presented Ordinance No. 1242, as prepared by the City Attorney, entitled: ORDINANCE NO. 1242 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MISDEMEANOR OFFENSE OF SHOOTING AN ARROW, BOLT, QUARREL, OR OTHER MISSI LE OR PROJECTI LE FROM A BOW OR CROSSBOW AND PROVIDING THE PENALTY THEREFOR. The City Manager reminded the Commissioners that this Ordinance was provisionally adopt- ed at their September 8, 1987 meeting. He then submitted to the Commission letters of oppo- sition from Michael McLaren, 1020 East Babcock Street, and Jack Eppinga, 1000 North 17th Avenue, No. 127. Mayor Mathre noted that, although she was not present at the September 8 meeting, it is her understanding that no public testimony was received prior to the provisional adoption. She then asked if anyone is present who wishes to speak on this item. Rev. John Eide, pastor of the Christ the King Lutheran Church, asked if this ordinance would allow private individuals to have licensed ranges or if only commercial ranges would be al- lowed. I City Attorney Becker stated that the ordinance would require all archery ranges, whether inside or outside, to be approved and licensed by the City. He noted that private individuals would be allowed to pursue approval and licensing. Rev. Eide stated opposition to the ordinance because it discriminates against archers and bowhunters who have taken the time to establish good and safe areas for practice and who are careful and responsible in their pursuit of the sport. He stated the ordinance would make prac- tice for the archery season much more difficult, which would have two effects. He noted that responsible people would not bowhunt because they would be unable to practice; and it would 09-21-87 407 promote irresponsible hunting because people without the necessary practice would be hunting. Rev. Eide stated he is not aware of incidents or accidents in which people are injured or prop- erty is damaged as a result of bow and arrow practice. He suggested that an ordinance addres- sing the personal injury or property damage aspect would be better than the ordinance currently under consideration. Mayor Mathre asked how people practice at the present time. I Rev. Eide stated his church is located on five acres; and he has set up a target system which prevents arrows from passing through, with a backstop behind it. He noted the ta rget area is located about 200 yards from the edge of the property, making it very difficult to cause injury or damage to someone's property. Rev. Eide stated that arrows are not in the same class as firearms in terms of range; and it is much easier to establish a safe archery range than a firearms range. He also noted that most people use field tip arrows for practice, which cause less damage than hunting arrows. Commissioner Vant Hull noted that a suggestion in one of the letters received is that bows under 25 pounds be exempted. The individual further suggests that rubber-tipped arrows be used. She then asked Rev. Eide to respond to those suggestions. Rev. Eide stated the damaging effect from the arrow is not created by the force, but rather by the cutting edge. He indicated that the poundage of the bow does not make much dif- ference. He then stated that when practicing for hunting, one must use the bow he plans to use when hunting. Rev. Eide then stated that rubber-tipped arrows could help to reduce the risk involved. Commissioner Vant Hull noted the other letter received suggests that archers take hay bales to a few of the parks in the city and let the archers practice. She then asked Rev. Eide if he feels there wou~d be a demand for such an alternative. She noted that the City may have to consider its liability in this alternative. Rev. Eide stated that the passage of this ordinance could create such a demand. Commissioner Stiff noted not many people have five acres within city limits upon which to I establish an archery range. He then asked how others in the community practice. Rev. Eide indicated that some people establish ranges against large buildings or fences. He noted there are some negligent people who set up ranges which have a potential to cause in- jury or property damage. Mr. Terry Threlkeld, representing the Montana Bowhunters' Association, stated opposition to the ordinance because it establishes a blanket prohibition of archery practice, except in licensed ranges; and it penalizes the safe archers. He noted the vast majority of archers ob- serve safe practices. Mr. Threlkeld stated that archery is a very limiting type of sport; and it takes a great deal of practice to become competent. He noted that the range of an arrow is lim- ited, usually varying between 20 and 30 yards. Mr. Threlkeld stated there are currently two archery ranges in town, one being located in a fraternal organization which is limited to members only; and the other is a commercial one which will accommodate six to eight archers at a time during regular business hours. He indi- cated there are 100 to 200 archers in Bozeman; and this ordinance would create problems for their practicing, which should be done on a daily basis. Mr. Threlkeld stated the MBA is not opposed to some sort of restrictions; however, they would like an opportunity to meet with City representatives, including the Police Division, to develop an alternative to this ordinance which would allow safe archery practices in an indi- vidual's back yard. He also noted that Mr. Larry Martin conducts archery classes and intra- mural activities at Montana State University, using portable targets and backstops; and adoption of this ordinance would curtail those activities, at least on that portion of the campus within city I limits. Commissioner Vant Hull asked if archers shoot every day on a year round basis. Mr. Threlkeld stated that in the wintertime, most archers use a club instead of shooting outside because of the problems that can be incurred, such as having arrows freeze into straw bales. He noted that in the spring, summer and early fall, archers usually practice every day in preparation for hunting season. City Manager Wysocki asked if the Montana Bowhunters' Association has plans for safe in- stallations which could be reviewed. 09-21-87 405 Mr. Terry Threlkeld stated that there are several different ways to install safe target areas, using different backstops. He noted that several items are available commercially, in- cluding a polyurethane backstop panel which gives and holds an arrow if it misses a straw bale or pierces through it. He stated it is also important to have a building or a fence behind the target; or a large vacant area can be used. Mr. Threlkeld then stated that the suggestion to exempt bows under 25 pounds is not valid. He indicated that bows used by small unsupervised children or those who don't know I what they're doing can cause injury or damage; and those unsafe practices create many of the problems incurred. City Manager Wysocki asked if there are any hunters' safety programs for bowhunters. Mr. Threlkeld stated that there are bowhunter education classes that deal with safe arch- ery practices and safe hunting techniques; however, they are not mandatory and young children do not attend. Mayor Mathre expressed concern that the ordinance before the Commission for considera- tion is too simplistic. City Attorney Becker stated this ordinance is patterned after the state law. He then ex- pressed concern that if exceptions are listed or requirements for items such as good backstops are imposed, it may become difficult to enforce the ordinance. Mayor Mathre suggested that licensing provisions could alleviate some of the problems. She then asked if the Commissioners are interested in referring this item to the staff for further consideration. Commissioner Martel stated he feels there is a need for this type of ordinance; but he feels that the Commission should possibly have sought public input first. He then indicated an interest in a cooperative effort to make this ordinance a workable one that will prohibit unsafe situations. In response to a question, Mr. Threlkeld stated that crossbows are allowed in Montana; however, they are not recognized as a bow and arrow by the Montana Department of Fish, Wild- life and Parks. He noted hunters using crossbows must do so during the regular open hunting I season rather than during the bow and arrow season. I n response to another question, Terry Threlkeld stated he does not know of any indi- viduals who use blow guns. City Manager Wysocki suggested that the Commission table final action on this ordinance until after the staff has had an opportunity to meet with representatives of the Montana Bow- hunters' Association in an attempt to develop an ordinance that is satisfactory to both parties. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that action on this item be tabled indefinitely. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel, Commis- sioner Stiff and Mayor Mathre; those voting No, none. Break - 3:00 to 3:05 p.m. Mayor Mathre declared a break from 3:00 p.m. to 3:05 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Authorize Mayor to sign - Budget Amendments for Fiscal Year 1986-87 City Manager Wysocki submitted to the Commission a memo from Administrative Services Director Gamradt requesting that the budget amendment, containing the following sixteen trans- fers of monies, be approved: (1) Engineering--salaries to operations--$100; (2) Engineering-- salaries to capital--$l, 100; (3) Police--operations to debt service--$55; (4) Fire--salaries to operations--$l ,000; (5) Building Inspection--operations to salaries--$3,000; (6) Gas Tax--op- I erations to salaries--$201; (7) Shop Complex operations to Carnegie Building operations--$250; (8) Swim Center--salaries to capital--$450; (9) Bogert Pool--salaries to operations--$l, 100; (10) Supply operations to Vehicle Maintenance salaries--$500; (11) Supply operations to Vehicle Main- tenance operations--$800; (12) Senior Center debt service to Library debt service--$200; (13) Sewer--operations to debt service--$l,OOO; (14) Sewer Plant--operations to capital--$2,200; (15) Garbage Collection--salaries to operations--$5 ,500; and (16) Garbage Disposal--operations to sala- ries--$1,300; for a total of $18,756 in transfers. 09-21-87 L~\]9 Administrative Services Director Gamradt stated that these budget amendments simply transfer monies between existing budget units and categories to avoid overspending in anyone area; however, they do not increase the amount budgeted for the fiscal year because no monies have been required from the Undesignated Reserve. The Administrative Services Director responded to a few questions from the Commissioners to clarify the need for these transfers. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion authorize the Mayor to sign the final budget amendments for Fiscal Year 1986-87, as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1243 - Appropriation Ordinance for Fiscal Year 1987-88 City Manager Wysocki presented Ordinance No. 1243, entitled: ORDINANCE NO. 1243 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPRO- PRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1988. The City Manager reminded the Commissioners that the Tentative Appropriation Ordinance was adopted on August 17; and the public hearing was held on August 31. He then recommended that the Commission finally adopt the Appropriation Ordinance for Fiscal Year 1987-88 at this time. Administrative Services Director Gamradt stated that Commissioner Stiff has requested that the language in Section 1 on the first page be changed to more accurately distinguish be- tween governmental fund types and proprietary fund types. He noted this language change I more accurately reflects the difference between expenditures and operating expenses and should be included in the final adoption of this ordinance. Commissioner Martel stated that he will vote for final adoption of the ordinance, although he is opposed to the $4,000 being budgeted for the purchase of road salt. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion finally adopt Ordinance No. 1243, the Appropriation Ordinance for Fiscal Year 1987-88. 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 vot- ing No, none. Commission Resolution No. 2673 - Mill Levy Resolution for Fiscal Year 1987-88 City Manager Wysocki presented Commission Resolution No. 2673, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2673 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1987-88. The City Manager stated that during the budgeting process, the staff used $23,562 as the mill value for this fiscal year; and since that time, the City has received the certified mill value, which is $23,712. He noted that the mill levies listed in his budget have been adjusted accord~ I ing to the increased valuation, so they have dropped slightly. The City Manager then indicated that the total mill levy for Fiscal Year 1987-88 is 126.89, which is 2.89 mills lower than last year. The City Manager then recommended that the Commission adopt this Resolution, estab- lishing the mill levy for the fiscal year. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2673, setting the mill levy for Fiscal Year 1987-88. 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. 09-21-87 41U Discussion - retention schedule for tape recordings of City Commission meetings City Manager Wysocki stated that Commissioner Stiff had requested this item be placed on the agenda. Commissioner Stiff noted that the Commission adopted Commission Resolution No. 2624 a- bout a year ago, which adopted the records disposal schedules prepared by the State. He stat- ed that during a recent review of that schedule, he found that tape recordings of Commission meetings are to be held three months after the official record is adopted. The Commissioner I stated that he feels there are items of importance or potential importance for which the tapes should be held longer, i.e., proceedings on Jahnke's requests and Delaney's requests, and the public hearing on Benny Bee's television station. He then suggested the Commission may wish to establish criteria for keeping at least some of the tapes longer than three months, rather than following the three-month retention schedule established by the State. Commissioner Vant Hull stated support for keeping the tapes longer; however, she does not feel that criteria could be established to keep only a portion of the tapes. City Manager Wysocki suggested that the tapes could be held for the statute of limita- tions, after which the official record would be the sole support document. Commissioner Jordan noted that holding tapes too long can result in mechanical problems" indicating that tapes don't last forever. He further noted that the storage location for tapes must be carefully considered, avoiding extreme heat and magnets. The City Manager recommended that the Commission refer this item to staff for further review. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that this item be referred to staff. 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. Appointments to Historic Preservation Advisory Commission City Manager Wysocki submitted to the Commission a memo from Clerk of the Commission I Sullivan listing the three vacancies on this commission, as well as the various applications re- ceived for each of those positions. Mayor Mathre noted that one of the individuals listed under applicants for the professional vacancy is an employee of a downtown business and asked if she could be considered as a Main Street representative. The Clerk of the Commission stated that the ordinance requires that the Main Street repre- sentative must own property or operate a business along Main Street. Commissioner Vant Hull stated that the applicant is in a managerial position and suggested that she would qualify for that position. She noted, however, that she called the applicant, who indicated she is not sure she is still interested in serving on this commission. Following discussion, the Commission requested that the City Manager or the Clerk of the Commission contact the Downtown Bozeman Association and ask them to see if anyone is interest- ed in serving as the Main Street representative on the Historic Preservation Advisory Commis- sion. This vacancy is to be placed back on the agenda after applications have been received. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that Kenneth W. Karsmizki be appointed to replace Kingston Heath as a professional member on the Historic Preser- vation Advisory Commission, with a two-year term to expire on July 1, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Vant Hull. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that Stephen F. Conway be appointed to replace Ron Rice as the Beall Park representative on the Historic Preser- I vation Advisory Commission, with a two-year term to expi re on July 1, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissiooer _Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Appointments to Zoning Commission City Manager Wysocki submitted to the Commission a memo listing those who have applied for the two vacancies which exist on this commission. 09-21-87 Ll 1 ~ ~~ - It was moved by Commissioner Martel, seconded by Commissioner Stiff, that David B. Wilhelm be appointed to replace Katherine Ball on the Zoning Commission, with a term to expire on June 30, 1988. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Stiff; those voting No being Commissioner Vant Hull, Com- missioner Jordan and Mayor Mathre. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that Lyn I Taylor be appointed to replace Katherine Ball on the Zoning Commission, with a term to expire on June 30, 1988. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that Ralph D. Johnson be appointed to replace Patricia Follett on the Zoning Commission, with a term to expire on June 30, 1989. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Claims City Manager Wysocki stated that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Martel stated he had requested this item be removed because of the claim to Doug Andrus Distributing in the amount of $741.93 for the purchase of road salt. He stated that because of his opposition to the use of road salt, he will abstain from voting on this agenda item even though he does support payment of the other claims as listed. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the claims be approved as listed, and that the Director of Finance be ordered to pay the claims. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. I Commissioner Martel abstained. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Agendas and packets for the Zoning Commission meeting to be held on Tuesday, September 22, 1987. (2) Commissioner Stiff noted the Commissioners received copies of a letter concerning tree roots in a sewer line, and a request for the City to bear the costs for correcting that prob- lem. He then asked if the City is responsible for such items. The City Manager stated this item should be referred to the City staff for review prior to discussion. (3) City Manager Wysocki noted that many of the Commissioners and staff members at- tended the Montana League of Cities and Towns Convention held in Billings last week. He noted that the State Workers. Compensation Division has indicated it will not approve the MMIA's appli- cation for renewa I. He noted that the MMIA Board will be meeting with representatives from the Workers' Comp Division on Thursday in an attempt to address the problems 50 that the program can be renewed. Commissioner Stiff asked if those in attendance learned anything beneficial at the con- vention. The City Manager stated that discussions on street maintenance districts were beneficial. I He noted that the City of Helena undertook a city-wide street maintenance district; and it took two and one-half years to get accurate records for each of the properties to be assessed. The City Manager then indicated another topic of interest was the manner in which the installation of sidewalks and driveways in new subdivisions is handled in various communities. Commissioner Stiff asked about cable television franchising. Mayor Mathre stated that cities have less ability to regulate cable television than they had a few years ago. 09-21-87 41{~ It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion approve the Consent Items as listed above, and authorize and direct the appropriate per- I sons to complete the necessary actions. 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. Recess - 4: 00 p. m . Mayor Mathre recessed the meeting at 4:00 p.m., to reconvene at 7:00 p.m., for the pur- pose 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. This was the time and place set for the public hearing on the Master Plan Amendment re- quested by J. W. Tschache for Home Leasing, I nc., to change the land use designation from medium-density residential to general highway commercial on a 32. 69-acre tract located in the northeast one-quarter of the northwest one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at the southwest corner of the intersection of Baxter Lane and North 19th Avenue extended. I Mayor Mathre opened the public hearing. Assistant Planner Bill Murdock presented the Staff Report. He noted the subject prop- erty was annexed earlier this year; and a zone change from AS, Agricultural Suburban, to R-3, Medium-density Residential, was approved. He also reminded the Commission that a preliminary plat has been approved for this property; however, the final plat has not yet been approved. The Assistant Planner stated that the property to the north of the subject site is zoned M-l, Commercial--Light Manufacturing; and the properties to the east, south and west are cur- rently master planned for medium-density residential development. He noted that a Master Plan Amendment from medium-density residential to general highway commercial on a tract immediately east of the subject site has been tabled pending revision of the Master Plan. Assistant Planner Murdock stated that the increased traffic from development of the sub- ject site has generated much concern. He noted that until West Oak Street and North 19th Avenue has been extended and Baxter Lane has been realigned, adequate access cannot be pro- vided to this site. The Assistant Planner stated that following its public hearing on this application, the City-County Planning Board recommended denial based on several reasons, which include: (1) the application does not comply with Master Plan Goal No. 17, to protect, maintain and strength- en the central business district; (2) the current inventory reveals there is an adequate supply of B-2 property; (3) the application does not comply with Master Plan Goal No. 14, which is to prevent strip commercial development; and (4) substantial impact would be placed on existing city and county services. I Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., representing Home Leas- ing, Inc., stated that the applicant, Mr. Tschache, feels that the Master Plan is a long-range tool. He noted that development of the property should be carefully considered; and the appli- cant does not feel that residential development would be appropriate on the subject tract, par- ticularly if the third interchange is located at North 19th Avenue, as has been proposed for several years. Mr. Kinshella then stated that the type of business which would develop on this 09-21-87 413 site would not compete with downtown businesses because they would be of the nature that would require a high volume of traffic and good access to the interstate. He noted that should comple- ment the downtown area rather than detract from it. Commissioner Vant Hull asked Mr. Kinshella if anyone has suggested that this application might be more appropriately considered during revision of the Master Plan than at this time. Mr. Kinshella stated that someone is interested in pursuing development of this property; I and the applicant has expressed a desire to pursue the master plan amendment and zone map change to allow that development. He then noted that for the past year, the staff has indicated that it plans to review the Master Plan in the near future. Commissioner Vant Hull asked if the timetable for development of the subject parcel would be tied to the third interchange. Mr. Paul Kinshella stated that the applicant has been working to develop local interest for development of the third interchange, as well as pursuing alternatives for financing at least a portion of the project. He indicated that Mr. Tschache recognizes that street improvements must be completed before any development could begin on the property. He stated the applicant fur- ther recognizes that the corner of Baxter Lane and North 19th Avenue extended may not be the best location for residential development. Commissioner Martel asked if development along North 19th Avenue extended would help justify the need for a third interchange more than two miles of vacant property does. Assistant Planner Murdock reminded the Commissioners that various actions, including an- nexation, master plan amendments, and zone map changes, have been taken on the Tschache, Saccoccia and Perkins properties in the past two years; and the State Department of Highways has been aware of those actions. He noted the department is also aware that the developers are being frustrated in their attempts to develop the properties because of the lack of access; how- ever, they want to see money before making this a priority. The Assistant Planner then stated that initial planning for the third interchange at Bozeman is currently set for 1993 or later. No one was present to speak in opposition to the requested Master Plan Amendment. I Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the custom- ary one-week waiting interval be waived. 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. Commissioner Martel stated that he does not feel a delay would help the situation. He noted that residential zoning is not appropriate; and the property is currently unusable. He stated the property is practically inaccessible until North 19th Avenue is extended. The Com- missioner indicated that approval of the requested Master Plan Amendment would give the owner direction for future development of the site. Commissioner Jordan stated he does not support the proposed Master Plan Amendment at this time. He indicated he does not feel the Commission should approve an application now based on the fact that an interchange may be installed at some time in the future. He also noted that this property is located at the northwest extremity of the city; and approval for commercial de- velopment would stretch the City's services. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull that the Master Plan Amendment to change the land use designation on a 32. 69-acre tract located in the north- east one-quarter of the northwest one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, from medium-density residential to general highway commercial, as requested by J. W. Tschache for Home Leasing, I nc., be denied. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, I Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Martel. Adjournment - 7:32 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 09-21-87 41 ir Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST; I Clerk of the Commission I I 09-21-87