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HomeMy WebLinkAbout1986-01-20 26 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 20, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 20, 1986, at 4: 00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 13, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff. that the minutes of the regular meeting held on January 13, 1986, 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. of penalty and interest on delin uent SID's - Thora W. Decker for 34-36 City Manager Wysocki presented to the Commission a request submitted by Thora W. Decker, dated January 6, 1986, for waiver of the penalty and interest on delinquent 1985 Special Improvement District assessments for the property located at 34-36 West Main Street. The City Manager stated that Mrs. Decker has indicated that she will be unable to attend this meeting because she is the only one working at the store. He then noted that the bills for the Special Improvement District assessments were mailed on October 28, 1985, and payments were accepted through December 2, 1985. The City Manager then recommended that I the Commission not approve this request for waiver of the penalty and interest. Commissioner Stiff asked under what circumstances the City Manager might consider approval of such a request. City Manager Wysocki indicated that he cannot think of any circumstances under which he would recommend waiving of the penalty and interest, noting that the City is responsible for encouraging timely payment of the assessments for twenty years on over one hundred Special Improvement Districts. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission refuse the request submitted by Thora W. Decker for waiver of the penalty and interest on delinquent 1985 Special Improvement District assessments for the property located at 34-36 West Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Request for waiver of carnival license fees - Montana Winter Fair, Inc. City Manager Wysocki presented to the Commission a request dated January 10, 1986, on behalf of the Montana Winter Fair, Inc., for waiver or partial waiver of the carnival license fees during this year's fair. Mayor Mathre reminded the Commissioners that the I icense fee for carnivals is $10.00 per ride or concession per day. Mr. Wayne Gibson, representing the Montana Winter Fair, Inc., stated that they have I requested at least a partial waiver of the license fees for the carnival because they are afraid that, as in the past when carnivals have been present, the weather will be too cold. He stated that, because of the loss of County funds and the shortage of other funds avaitable for the fair, the Board of Directors has decided to once again try a carnival in an attempt to increase the revenues. Mr. Gibson then stated that the Montana Winter Fair, Inc., has agreed to pay the license fees for the carnival, which will include nine or ten rides for nine days; and they 01-20-86 21 request at least a partial waiver of the fees, while recognizing that the carnival could require fire or police services. Commissioner Martel noted that the fair is a community and a county event and that it is a non-profit organization which has faced decreased funding for this year's function. He then stated he feels payment of the standard carnival license fee would create a hardship for the Montana Winter Fair, Inc., and suggested that a nominal $10.00 fee be charged for the carnival I this year only. Commissioner Vant Hull indicated that she sympathizes with the funding constraints incurred by the Montana Winter Fair, Inc., but she feels the fee should be higher than $10.00. She then suggested that the City require that the fair pay 25 percent of the usual license fees for the carnival. Commissioner Stiff indicated support for the proposed $10.00 fee, noting that many entities have been faced with funding constraints this past year. City Manager Wysocki noted that often a carnival is sponsored by a non-profit organiza- tion; but the owners of the carnival are usually responsible for the I icense fees. He noted that the license fees have not been waived in the past; and the existing ordinance does not provide a mechanism for waiver of the fee. The City Manager then stated he would not submit a recommen- dation, noting that the decision is a political one. Commissioner Jordan indicated that he would support waiving of most of the license fee if it does not establish a precedent and is done for this year's winter fair only. Mayor Mathre stated she does feel that waiving of any portion of the license fee will establish a precedent. She noted that, although the Montana Winter Fair, Inc., is a non-profit organization, it is not for a charitable purpose. The Mayor then stated she would support waiving a portion of the license fee, but not the large break under discussion. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the Commission establish a nominal fee of $10.00 for operation of a carnival as part of the Montana Winter Fair for this year only. I The following substitute motion was then placed on the floor: It was moved by Commis- sioner Vant Hull that the Commission charge 25 percent of the usual carnival license fee for the Montana Winter Fair this year. The motion failed for lack of a second. The original motion, to establish a $10.00 fee for operation of the carnival to be held as part of the Montana Winter Fair this year, then carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff and Commissioner Jordan; those voting No being Commissioner Vant Hull and Mayor Mathre. Commission Resolution No. 2589 - intent to annex Tschache, Saccoccia and Perkins parcels City Manager Wysocki presented Commission Resolution No. 2589, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2589 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF THREE TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki reminded the Commission that the staff report for this requested annexation was submitted at the December 16, 1985 Commission meeting. He then recommended that the Commission adopt this Resolution and set February 18, 1986 as the public hearing date. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2589, stating the intent to annex the Tschache, Saccoccia and Perkins parcels, and set the public hearing date for Tuesday, February 18, 1986. 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. Commission Resolution No. 2592 - change of Commission meeting time City Manager Wysocki presented Commission Resolution No. 2592, as prepared by the 01-20-86 28 City Attorney, entitled: COMMISSION RESOLUTION NO. 2592 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE TIME OF THE REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. City Manager Wysocki noted that the Commission had approved the change in meeting time from 4:00 p.m. to 2:00 p.m. on Mondays with the public hearings to be held at 7:00 p.m., I usually on the first and third Mondays of the month. He then recommended that the Commission adopt the Resolution, which will become effective thirty days after adoption. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion adopt Commission Resolution No. 2592, changing the Commission meeting time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Continued discussion - people's voice on the agenda City Manager Wysocki stated that Commissioner Martel had requested this item be placed back on the agenda. Commissioner Martel stated this item was discussed at length during last week1s meeting; and the Commissioners had concurred that it should not be placed on the agenda at this time. He then noted that he still feels the process should be more formalized; and placement of a "people1s voice" line item on the agenda just prior to adjournment would accommodate that and encourage citizens to address the Commission on any subject. It was moved by Commissioner Vant Hull that further discussion and action on this item be tabled for a period of thirty days. The motion flliled for lack of a second. Commissioner Jordan noted that it is difficult to get citizens involved in the local government. He stated that he feels the current process is effective; and expressed concern that formalization of this line item may encourage chronic complainers to speak every week. I The Commissioner then stated he feels that the Commission should wait thirty days before considering any action on this item. Commissioner Stiff stated he feels the current process works well. He also expressed concern that items which have not yet been addressed by the staff would be submitted to the Commission without following the proper process. He then noted that if a citizen has a concern, he usually calls one of the Commissioners to express that concern. Commissioner Martel noted that if a citizen calls a Commissioner, that Commissioner may call the city staff to get an answer; but the remainder of the Commissioners know nothing about that ca II. Mayor Mathre noted it is the consensus of the Commission that any action on this item be deferred and asked Commissioner Martel to place the issue back on the agenda in about one month if he sti II feel s a need to address the matter. Pledged Securities as of December 31, 1985 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M. C .A., Commissioner Martel and Commissioner Vant Hull had examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Securities was found to be in order. It was moved by Commissioner Stiff, seconded by Comm15siofler Martel, that the Commission approve the inventory of 'the [}epository Bonds and Pledged Securities as of December 31, 1985, and a list of these be set forth as follows: I DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1985 RATE MATURITY RECEI PT NO. TOTAL AMOUNT FI RST BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 01-20-86 29 Trusteed with First Bank of Minneapolis: 9020-6892 NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 I County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 Bozeman, MT, GO 4.70 1/01/90 45,000.00 Bozeman, MT, GO 4.80 1/01/91 45,000.00 Bozeman, MT, GO 4.90 1/01/92 45,000.00 WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 115,000.00 WA St Ser R GO 5.40 4/01/93 185,000.00 Oregon Var. Purp 5.60 7/15/93 0265 150,000.00 Cook County Illinois 5.75 11/01/93 0265 200,000.00 Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00 TOT AL - First Bank - Bozeman $1,617,000.00 FI RST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 5.50 12/30/86 3822 13,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 1 8 , 1 00. 00 5.50 12/30/86 3825 18, 1 00.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 I City of Helena, Lewis & Clark Co., MT; S.1. D. Bonds #287 7.00 1/01/91 6524 8,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 6.90 6/01/93 II " 50,000.00 Summit Co., CO Sch. Dist. No. RE-1 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 Vail, CO, Land Transfer Tax Anticipation Warrants 8.75 12/01/87 SKl19286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S.I.D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK 149545 120,000.00 Bozeman, MT, S.I.D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 Lynchburg, VA 10.00 6/01/2012 228049 300,000.00 North Slope Borough, AK G.O. 9.25 9/20/89 257806 200,000.00 State of Hawaii 11. 5 8/01/90 181125 200,000.00 So. Dakota Health Ed Rev 6.70 9/01/90 069431 100,000.00 U. S. Treasury Bill 8.65 4/17 /86 407574 1,000,000.00 Trusteed with Northwestern National Bank of Minneapolis: I Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOTAL - First Security Bank - Bozeman $3,357,200.00 01-20-86 30 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/86 H951 6,250.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 City of Boulder, MT, GO Bd. 4.71 2/15/86-87 H949 8,400.00 Grade Sch. Bldg. Dist #11 of Powell Co. I (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/86-89 H1127 4,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1,875.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01195 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR Proj No-1 Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/86 H 1045 2,500.00 5.00 11/01/87 H 1046 2,500.00 Grand Forks RFOG Imp. 5.40 5/01/89 945 100,000.00 Southgate Water Dist. RFDD 6.00 9/01/90 942 100,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 943 120,000.00 Gaithersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00 Total - Montana Bank of Bozeman, Montana $ 665,025.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U.S. Treasury Notes 8.875 7/31/87 9893 200,000.00 I U.S. Treasury Notes 10.875 2/28/86 9886 100,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 300,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of December 31, 1985, by the several banks of Bozeman and approve and accept the same. JUDITH A. MATHRE, Mayor MARY B. VANT HULL, Commissioner DENNIS E, JORDAN, Commissioner ALFRED M. STI FF, Commissioner WAL TER MARTEL, Commissioner I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. 01-20-86 31 (1) A letter from Mrs. Jane Chermony encouraging elimination of the use of salt on the streets. (2) A memo submitted by Commissioner Martel addressing two items, input for the water rate hearing and lawsuits against the City. Commissioner Martel stated that through a telephone call to Helena, he found that the Public Service Commission will accept written testimony under its "late filing" procedure for I approximately two weeks after the public hearing is conducted. He then submitted the address to which all correspondence must be sent during this week for consideration. The Commissioner noted his second item is simply a request that a copy of any lawsuits filed against the City be included in the Commissioners' weekly packets once the staff has had an opportunity to review them. He stated that any staff comments or background information could also be included. Mayor Mathre noted that the City Attorney submits a quarterly update on litigation matters, which might address the concern. City Attorney Crumbaker-Smith stated she has no problem with submitting a copy of the complaint in the Commissioners' packets once that complaint is served on the City; and she has done so in some instances in the past. She then indicated that the complaints are usually self-explanatory and expressed a hesitance to put anything in writing when the complaint is received since she has not yet learned all of the facts. (3 ) The City Manager noted that a memo was included in the packet concerning an upcoming City-County Health Board roeeting on Tuesday, January 28, 1986 at 7:00 a.m. at the County Courthouse. He then submitted to the Commission copies of a draft interlocal agreement as prepared by County Attorney Mike Salvagni, stating that item is listed on the agenda for that meeting. He encouraged the Commissioners to review the draft agreement prior to that meeting and asked that those planning to attend indicate their intentions to do so. Mayor Mathre noted that the Commission has not yet appointed an official member to the City-County Health Board and requested that the item be placed on next week's agenda. I (4) The City Manager stated that a five-member bowling team represented the City during the Big Brothers and Sisters fundraiser held this past weekend. He noted that the team raised approximately $250.00 for that agency. (5) Mayor Mathre noted that the Commission did not complete its orientation session on Saturday and discussed the possibility of continuing the session next Monday at 2: 00 p. m. . prior to the regular Commission meeting. The Commissioners concurred that the orientation session could be held on Monday from 2:00 p.m. to 4:00 p.m., at which time they will conduct the regular meeting. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Authorize Call for Bids - computer tape drive for the IBM System/38 Authorize City Manager to sign - Construction Agreement with State Department of Highways for traffic control devices at the intersection of West Main Street and 15th Avenue It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, 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 Martel, Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Recess - 4:55 p.m. I Mayor Mathre declared a recess at 4: 55 p. m., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. 01-20-86 32 Public hearing - Zone Code Amendment - City-County Planning Staff - update Sections 18.38.030 through 18.38.080 to current standards for Technology Research establishments This was the time and place set for the public hearing on the Zone Code Amendment requested by the City-County Planning Staff to update Sections 18.38.030 through 18.38.080 to current standards for Technology Research establishments. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated that the Planning I Staff researched the national trends for technology research districts and then compared those trends to the zoning regulations for the City. He then reviewed the proposed changes to Sections 18.38.030 through 18.38.080 of the Bozeman Municipal Code. He reminded the Commis- sioners that in June 1985, the Planning Staff submitted revisions to the intent and the per- mitted uses in the Technology Research District; and that Zone Code Amendment was approved. He noted these additional changes have been under consideration since that time. The Assistant Planner reviewed the changes to the individual sections of the Code. He noted a definition would be established in Section 18.04.275 for lIimpervious surfaces.1I The lot area would be increased to one acre, while the minimum width of 150 feet would be retained in Section 18.38.030. The amount of lot coverage allowed would be changed to 60 percent for all impervious surfaces, with the remaining 40 percent being open space. The Assistant Planner indicated that at the present time there are no setback requirements for the district, but adjacent district regulations affect those lots abutting that district. Section 18.38.050 would establish setback requirements and would further provide that if a larger building is con- structed or if additions are made, the setbacks will be increased to an established maximum setback. He noted this change would provide for large buildings while maintaining a feeling of openness. Assistant Planner Skelton then stated the building height would be limited to 32 feet under the proposed Zone Code Amendment. He then indicated that Section 18.62.190 currently requires one parking space for each 800 square feet of gross floor area. Under the proposed Zone Code Amendment, that would be revised to require one parking space for each 300 square feet of gross floor area. I Assistant Planner Dave Skelton then stated that the Zoning Commission reviewed this Zone Code Amendment and recommended approval. Commissioner Martel asked about the proposed 32-foot height restriction. He expressed concern that the height might be too restrictive for some potential businesses, suggesting that the height restrictions on interior lots could possibly be increased to accommodate taller buildings if necessary. Planning Director Steve Lere stated that Section 18.50.080 of the Bozeman Municipal Code lists a number of items which are exempted from the height restrictions; and he feels that those exemptions will allow construction of a building to accommodate any activity which may be located in the technology research park. Commissioner Vant Hull asked if it is possible that a technology research park might be constructed next to an existing residential area where the proposed 32-foot height restriction would be too high. Planning Director Lere stated the existing TR districts are located in multiple use areas. He further indicated he does not anticipate the designation of a TR district near an existing residential area. The Planning Director then reminded the Commission that the height restriction in an R-3 zone is 32 feet. Commissioner Martel statee he feels the 32-foot height restriction is too low, noting the national trend is .to 45-foot to 50-foot height restrictions. The Assistant Planner stated the size and scale of the projects must be considered; and the Planning Staff feels the 32-foot height is adequate. I Commissioner Jordan asked those present for the next agenda item whether they feel the 32-foot height restriction is too low. Mr. Jerry Gaston, consulting engineer, stated that an unusual research and development facility may need a higher building for some reason. He noted that the possible increase in height for interior development would address that problem and provide flexibility in developing the technology research park. Planning Director Steve Lere stated he would be concerned about the size of a higher 01-20-86 33 building in relationship to the setback requirements and other development in the area. He noted that the higher height restrictions on interior lots could accommodate office and corporate type structures and indicated he is not sure that is the intent of a technology research park. Mr. Don Gustofson, President of the MSU Endowment and Alumni Foundation, stated appreciation for Commissioner Martel's concern. He noted that allowing higher height restric- tions on the interior lots could provide a flexibility which would be beneficial while developing I their technology research park. Planning Director Steve Lere stated that if the Commission is interested in increasing the height restrictions for interior lots, the restriction be set at 40 feet, which is the current height restriction in the downtown business district. He indicated the Planning Staff does not wish to eliminate possible viable uses of the technology research park. City Manager Wysocki suggested that the Commission deal only with the recommendations submitted by the Planning Staff and the Zoning Commission at this time. He indicated that if the Commission wishes to pursue increased height restrictions for interior lots, it could request that the Planning Staff initiate another Zone Code Amendment. Commissioner Jordan stated he would prefer to expand the list of exceptions to the height restrictions to include structures on the interior lots rather than a change in the height restrictions. Planning Director Lere stated that if development of a technology research park is completed through the Planned Unit Development process, Section 18.54.150 provides that the City Commission may approve buildings which exceed the height restrictions for the zoning district in which they are constructed. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week. I This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Montana State University Endowment and Alumni Foundation to allow a Research Technology Park on a portion of Tract C of Certificate of Survey No. 1243. This site is located in the northeast one-quarter and northwest one-quarter of Section 14 t Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located south of West College Street and west of South 19th Avenue. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He indicated that the re- quested Conditional Use Permit would provide for development of the subject 89. 1-acre tract through a major Planned Unit Development process. He reminded the Commission that the parcel is currently zoned PLI, Public Lands and Institutions. He indicated that the applicant has requested that the zone be changed to TR, Technology Research, and B-1, Neighborhood Business; but the Commission has not yet made its final decision on that request. He further reminded the Commission that the Preliminary Plat for this parcel was recently submitted and approved by the Commission, subject to fifteen conditions. The Assistant Planner then stated that the Master Plan designates this as a multiple use area; and the requested Conditional Use Permit conforms with that designation. Assistant Planner Skelton stated that the major Planned Unit Development would be accomplished through a set of developmental guidelines, which the Planning Staff has reviewed. He noted that after this public hearing has been conducted, if the Conditional Use Permit is I approved t all development wi II be done through the minor Planned Unit Development process, which will be handled by the Planning Staff. The Assistant Planner noted that Story Hills and Stadium Subdivision had completed this process; but no develop~ent has taken place in either area. He further noted that the Volz/Wallin Annexation is to be commercially developed under this procedure; and the Perkins Restaurant is currently under construction. Assistant Planner Dave Skelton then noted that, under the Preliminary Plat recently approved, the subject parcel is to be developed in twenty-two lots, twenty of which will be zoned TR and two of which will be zoned B-1 if the requested Zone Map Change is approved. 01-20-86 34 He further noted that access to the subdivision will be from West College Street and West Garfield Street, with three ,tflterior roadways serving the development. The Assistant Planner then stated that the Planning Staff has been working with various individuals through the MSU Endowment and Alumni Foundation for over one year to develop these guidelines, which will be utilized during development of the project. He stated the Zoning Commission reviewed the Conditional Use Permit and recommended approval subject to twelve conditions; however, it further recommended that no action be taken on this Conditional I Use Permit until the Zone Map Change process for the above agenda item has been completed. He further noted that the current developmental guidelines do not conform with the changes proposed under the Zone Code Amendment considered in the above agenda item; and the guidelines must be revised to comply with those changes. Commissioner Jordan asked if the developmental guidelines are the covenants. Assistant Planner Skelton stated that the manual which the Commission has reviewed includes the developmental guidelines as well as the covenants and the architectural sketchbook. Commissioner Jordan then noted some concerns about the proposed project. He noted the developmental guidelines indicate that development will meet all city zoning regulations and laws as well as state and federal regulations. He stated, however, that the City should consider adopting ordinances, particularly concerning hazardous wastes, which would further protect the City and would establish who has what responsibility and the fine structure. He also noted that, although he has read through the guidelines, he would like to review those guidelines with staff to better understand them. City Manager Wysocki stated he feels adoption of ordinances addressing hazardous wastes is an entirely different matter from what is before the Commission at this time, since it would address the entire community and not just this project. He noted that the conditions could be written so that this major PUD could be approved with the stipulation that each minor PUD would be subject to the current federal, state and local regulations. Mayor Mathre asked if the Commissioners feel that the possibility of imposing more strin- gent guidelines for hazardous wastes on a local level should be pursued. Commissioner Jordan I and Commissioner Vant Hull indicated that they feel there is a need. Assistant Planner Dave Skelton indicated that the Planning Staff was aware that hazardous materials would be a concern. He noted the Planning Staff feels that a separate section in the Zone Code which would apply to all zoning districts would be the best way to approach this item. Commissioner Vant Hull questioned why the right of way for West Garfield Street is not to be totally dedicated at this time. Assistant Planner Skelton stated that the Endowment and Alumni Foundation owns the property along the north side of that street and will dedicate the north 321 feet of the right of way. He indicated that a different property owner, Montana State University, owns the property south of the street and, therefore, must dedicate that portion of the right of way. Commissioner Stiff noted reference has been made to common area in portions of the developmental guidelines and asked if those areas will be subject to taxes or cash-in-Iieu pay- ments or if they will be tax exempt. Assistant Planner Dave Skelton stated that only the public rights of way are located outside lot lines within the subdivision; therefore, all of the property wi II be subject to taxes or cash-in-lieu payments except for the dedicated rights of way. B rea k - 8: 20 to 8: 30 p. m . Mayor Mathre declared a break from 8:20 p.m. to 8:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Commissioner Vant Hull noted the developmental guidelines refer to unimproved sites and asked to what those guidelines would apply. 01-20-86 35 The Assistant Planner stated that those guidelines would apply to undeveloped sites; and they would require certain standards for items such as weed contr.ol and mowing. City Manager Wysocki presented to the Commission a letter from Mr. Don Gustofson, President of the Endowment and Alumni Foundation at Montana State University, indicating a willingness to make cash-in-lieu payments on those parcels which are tax exempt. The letter further requests that the Commission approve the Conditional Use Permit subject to their attorney I and the City Attorney developing an agreement which is acceptable to both parties. He then indicated that he has very briefly discussed collection of the payments-in-lieu with one of the County Commissioners and with the Director of Finance. Mr. Don Gustofson, President of the Endowment and Alumni Foundation, noted that this has been a very complicated issue. He noted they have done their best to prepare the develop- mental guidelines but realize those guidelines may require interpretation or need to be amended at some time in the future. Mr. Gustofson indicated that the developer wishes to attract quality growth to the community. Mayor Mathre asked how noise codes will be enforced. Mr. Jerry Gaston, Sanderson/Stewart/Gaston, Inc., project engineer, indicated that OSHA and the State have devices and equipment for measuring noise and parameters to follow. He noted the State does have a mobile lab for gathering data. Mr. Gaston then noted that he has dealt with the Solid Waste Bureau in Helena, which is currently involved in developing a program for hazardous materials. He noted that the develop- mental guidelines follow the existing regulations on this subject. Commissioner Stiff asked what incentives the City can provide to help make this a success- ful project. Mr. Don Gustofson stated the biggest challenge is to market the project and create interest. He noted the Foundation has applied for and received a Community Development Block Grant to fund a portion of the improvements. Also, the land use processes have moved along smoothly through cooperation with the City. Mr. Gustofson then stated that the City may wish I to consider the use of tax credits or tax deferrals as a way to become more competitive in the future. Commissioner Vant Hull noted that the developmental guidelines indicate that the developer wishes to encourage clean industry and asked if any process has been established to determine which industries are clean. Mr. Gustofson stated that a review committee will carefully examine those industries which indicate an interest in locating in the technology research park. He indicated that problem areas will be identified, as well as the solutions to be implemented, prior to any business being located within the park. Mayor Mathre continued the public hearing until the 4: 00 p.m. session of the Commission meeting to be held on January 27, 1986, to allow the staff an opportunity to pursue expressed concerns about regulations on hazardous materials. Adjournment - 9:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission 01-20-86