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HomeMy WebLinkAbout1986-04-07 12G MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 7, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 7, 1986, at 2: 00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant 1 City Manager Barrick and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes - March 31, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the March 31, 1986, meeting 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 - sewer cleaner and truck This was the time and place set for award of the bid for the sewer cleaner and truck. City Manager Wysocki presented to the Commission a memo from Director of Public Service Dick Holmes recommending that the bid be awarded to Western Equipment Company, Billings, Montana, In the net bid amount of $43,155.00, it being the only bid submitted which meets the specifica- tions. The City Manager then concurred in that recommendation. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission award the bid for the sewer cleaner and truck to Western Equipment Company, Billings, Montana, in the net bid amount of $43,155.00, it being the only bid submitted which meets the specifica- tions. ..The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. City Manager Wysocki noted that this request was originally submitted to the Commission at its March 24, 1986 meeting. He noted that this project has received one one-year extension, as reflected in the minutes of the March 24 meeting. He further noted that those minutes cite two sections of the State Statute which show that another extension cannot be approved unless specific conditions have been met. The City Manager then indicated that he has not yet dis- cussed this matter with Mr. Gene Cook and suggested that the Commission table action until he has had an opportunity to pursue the matter. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion table action on this requested one-year extension. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan. De artment re construction of sidewalks City Manager Wysocki stated that Director of Public Service Dick Holmes has discussed the possibility of installing sidewalks along the east side of North 7th Avenue with the State I Highway Department. He indicated that a letter will be forthcoming from the Department's attorney explaining what conditions would be required during the process of installing the side- walks, noting that the State Highway Department must be involved in the process since a state highway is involved. The City Manager then briefly reviewed the information which Mr. Holmes had obtained. He stated that the street is 89 feet wide from back of curb to back of curb, leaving 5i feet of right-of-way along the east side and the same amount on the west side. He indicated that within 04-07-86 127 that 5i-foot strip, fire hydrants are located approximately three feet from the back of the curb and utility poles are located approximately four feet from the back of the curb. Mayor Mathre asked how many feet of right-of-way are needed for installation of a sidewalk. City Manager Wysocki indicated that there should be five to seven feet from the back of the curb to the edge of the sidewalk, to allow a place for snow; the sidewalk should be five feet wide; and there should be one foot of right-of-way between the inside edge of the sidewalk and 1 the property line, for a total of eleven to thirteen feet of right-of-way. He then indicated under the current construction patterns, that distance from the back of the curb could involve ornamental shrubs and possibly even structures. Commissioner Jordan indicated that he feels sidewalks should be installed, even if they cannot be the full five feet wide and may include utility poles and hydrants. Commissioner Vant Hull asked if there are utility poles and fire hydrants along the west side of the street. The City Manager indicated that the Director of Public Service obtained information only about the east side of the street, as requested by the Commission. Commissioner Vant Hull then concurred with Commissioner Jordan's comment, noting that the City should not incur the expense of acquiring additional right-of-way but should consider installing a sidewalk along the west side instead if there are no utility poles or fire hydrants. City Manager Wysocki indicated that the staff will contact the State Highway Department to determine whether the same obstructions exist along the west side of North 7th Avenue. Commissioner Stiff asked if the State has any responsibility to provide for the movement of pedestrians along state highways. The City Manager indicated that the installation of side- walks is usually a local responsibility except in instances where the sidewalks are installed during initial improvement of a street, such as along Kagy Boulevard. Mayor Mathre requested that the staff pursue this item further and submit a report back to the Commission as soon as the information is compiled and the letter from the State Highway Department's attorney has been received. I Ordinance No. 1200 - providing for an advisory board to be known as the Cemetery Board . City Manager Wysocki presented Ordinance No. 1200, entitled: ORDINANCE NO. 1200 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AN ADVISORY BOARD TO BE KNOWN AS THE CEMETERY BOARD, THE MANAGE- MENT, MAINTENANCE AND CONTROL OF THE SUNSET HILLS CEMETERY AND REPEALING SECTION 24 OF ORDINANCE NUMBER 524 AND ALL OF ORDINANCE NUMBERS 604, 725, 831 AND 840. The City Manager Wysocki reminded the Commission that this Ordinance was proviSionally adopted on March 24, 1986. He then recommended that the Commission finally adopt the Ordinance at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion finally adopt Ordinance No. 1200, providing for an advisory board to be known as the Cemetery Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Commission Resolution No. 2596 - revising cemetery fees City Manager Wysocki presented Commission Resolution No. 2596, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2596 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING CEMETERY FEES. The City Manager indicated that the fees contained in this Resolution have been reviewed and recommended by the Cemetery Board. He then recommended that the Commission adopt Commission Resolution No. 2596, establishing the revised fee schedule. Commissioner Vant Hull stated she feels the City should take whatever steps are necessary for the cemetery to become self-supporting; and she feels the proposed fee schedule is a step toward that goal. She then suggested that the monument setting fee and the administrative fee 04-07-86 128 for reconveying a lot to the City be increased from $5.00 to $10.00, due to the amount of City employee time required for each item; and that the rental fee for the lowering device be in- creased from $10.00 to $15.00. City Manager Wysocki stated that the monument setting fee was increased from 50 cents to $5.00 only a couple years ago; the reconveying fee is new; and the lowering device rental fee has been increased from $5.00 to $10.00 under this fee schedule. Mr. Jim Mitchell, Dokken-Nelson Funeral Home, stated the rental fee for the lowering 1 device was implemented so that the funeral homes would no longer need to transport their lowering devices to and from the cemetery for each funeral; and the monies derived from the rental were to' be- utilized for maintaining and upgrading of cemetery equipment. City Manager Wysocki noted that the City's General Fund has subsidized the cemetery operations in the amount of approximately $80,000.00 for the past few years; and the amount of that subsidy should be decreased some, but not necessarily totally. Mr. Mitchell then stated support for an increase in the Cemetery Perpetual Care fees and the lot purchase fees but questioned whether the entire increase should be done in one step. He then noted that the combined costs of the lot purchase and CPC assessment under the new fee schedule will be $350.00 at the Sunset Hills Cemetery, while the cost at the Sunset Memorial Cemetery west of town is $345.00. The City Manager indicated that some of the cemetery fees were increased a little over two years ago as the beginning of a catch-up process; and another increase will probably not be forthcoming until two years from now. Commissioner Martel asked what the effective date of the new fees will be; and the City Manager indicated thirty days after passage of the Resolution, which wi II be May 7, 1986. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2596, revising the cemetery fees. 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. maintenance fee to be I City Manager Wysocki presented Commission Resolution No. 2597, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2597 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE PERCENTAGE OF THE CEMETERY MAINTENANCE FEE TO BE DEPOSITED IN THE CEMETERY PERPETUAL CARE FUND. The City Manager noted that under the current system, the entire amount of the Cemetery Perpetual Care fee is deposited in a trust fund; and only the interest from that fund may be drawn to help support the cemetery maintenance costs. He stated that through that mechanism, the fund would need to have $1 million in the trust fund to support those costs; and the fund cu rrently has less than $500,000. The City Manager then stated that under this Resolution, 15 percent of the maintenance fee would be placed in the Cemetery Perpetual Care trust fund; and the remaining 85 percent would be placed in the General Fund to help defray the maintenance costs for the cemetery. He indicated this procedure should generate an additional $11,000.00 annually to help support the cemetery operations. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2597, establishing the percentage of cemetery maintenance fee to be deposited in the Cemetery Perpetual Care Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, I Commissioner Jordan and Mayor Mathre; those voting No, none. City Manager Wysocki presented Commission Resolution No. 2598, as prepared by the City Attorney, entitled: 04-07-86 129 COMMISSION RESOLUTION NO. 2598 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 648 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CONCRETE SIDEWALKS AND ALL OTHER NECESSARY APPURTENANCES ON WEST VILLARD STREET BETWEEN NORTH GRAND AVENUE AND NORTH WILLSON AVENUE. I The City Manager noted that currently one block of West Vi liard Street is unpaved; and the property owners submitted a petition last year requesting that a Special Improvement District be created to pave it. He then recommended that the Commission adopt this Resolution and set the publ ic hearing date for May 5, 1986. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion adopt Commission Resolution No. 2598, stating the City's intent to create SID No. 648, and set the public hearing date for May 5, 1986. 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. Commission Resolution No. 2599 - intent to create SI D No. 649 - water, sanitary sewer and storm drains in a portion of Annie Subdivision, First Filing City Manager Wysocki presented Commission Resolution No. 2599, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2599 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 649 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, IN- STALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN I ANNIE SUBDIVISION, FIRST FILING. The City Manager stated that this Special Improvement District, as well as the two subse- quent SI D's, will provide for improvements in Annie Subdivision, First Filing. He indicated that the Commission had received petitions for the creation of these 5 lD's late last year. He then recommended that the Commission adopt this Commission Resolution and set the public hearing date for May 5, 1986. Commissioner Vant Hull expressed concern that the amount of money involved in the three Special Improvement Districts for Annie Subdivision, First Filing, total $1 million. She then asked if the City now has adequate safeguards in place to avoid the problems recently incurred in approving multi-million dollar SI D's on undeveloped property. City Manager Wysocki noted that the City has adopted a policy requiring a cash escrow account for properties held in limited ownership, which should help to avoid the problems in- curred previously. He then stated that if the Commission wishes to consider a change in its phi losophy about Special Improvement Districts, it should be discussed and changes made so that developers are aware of those changes. He noted that this developer, as well as several others, have indicated an intent to use SID's to finance improvements; and the staff has given no indi- cation that the mechanism is no longer available. The City Manager then stated the Commission may wish to discuss some changes in the implementation and administration of SI D's, such as acceptance of land as a form of escrow rather than requiring cash only. He suggested that no decisions be made until after this construction season, since any changes made at this time could impact those requests currently being prepared for Commission consideration. I Commissioner Jordan stated that, in this instance, the developer is a local individual and has assets in this community. He further noted that this subdivision has been in the planning stages for the past three and one-half years; and the process that has been followed should not be changed at this time. Mayor Mathre asked the City Manager when he will be ready to discuss any possible changes inS I D pol icy. The City Manager indicated that he will need at least three to four weeks to prepare for the discussion; but he feels that the item should be deferred until after the budget for next fiscal year has been prepared. 04-07-86 130 Following a brief discussion, the Commission concurred that a review of the SID policy should be conducted in the fall, after the budget has been prepared. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion adopt Commission Resolution No. 2599, stating the Clty's intent to create SID No. 649, and set the public hearing date for May 5, 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. I B rea k - 3: 1 3 to 3: 22 p. m . Mayor Mathre declared a break from 3:13 p.m. to 3:22 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2600 - intent to create SID No. 650 utters, sidewal s and storm detention improvements in a portion 0 lling City Manager Wysocki presented Commission Resolution No. 2600, as prepared by the City Attorney, entitled: COMMlSSION RESOLUTION NO. 2600 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 650 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAIN DETENTION BASIN IMPROVEMENTS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. The City Manager noted that this SID involves properties in Annie Subdivision, First FiI ing, also. He then recommended that the Commission adopt this Resolution and set the public hearing for May 5, 1986. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2600, stating the City's intent to create SID No. 650, and set I the pUblic hearing date for May 5, 1986. 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. City Manager Wysocki presented Commission Resolution No. 2601, as prepared by tr're City Attorney, entitled: COMMISSION RESOLUTION NO. 2601 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREET IMPROVEMENTS FOR A PORTION OF DURSTON ROAD, GRAVEL WALKWAY AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. The City Manager noted that this SID is an extended district because some of the properties within Annie Subdivision, First Filing, will be assessed even though they do not border on Durston Road. He then recommended that the Commission adopt the Resolution and set the public hearing for May 5, 1986. Commissioner Martel questioned why the SID includes a gravel walkway rather than a concrete 1 sidewalk. The City Manager indicated that Durston Road will be improved in a two-lane format at this time, although it will be upgraded to arterial roadway standards in the future. He noted at that time, the permanent sidewalks will be installed. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2601, stating the City's intent to create SID No. 651, and set the public hearing date for May 5, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, 04-07-86 131 Comm iss ioner Jordan and Mayor Mathre; those voti ng No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo of thanks from him and Assistant City Manager Barrick to the Bozeman Fire- 1 fighters' Association for their residing of Fire Station No.2. (2) Agenda for the City-County Planning Board meeting to be held on Thursday, April 10, 1986. (3) A letter from Dr. Rogers, which was in the Commissioners' mailboxes, concerning park land. The City Manager indicated that the staff is pursuing the matter. (4) The City Manager submitted to the Commission a letter from Alice Van Teylingen, accompanied by a petition containing 1028 signatures in opposition to implementation of an automated garbage collection system in residential areas. (5) The City Manager reminded the Commission that the Interagency breakfast will be held at 7:00 a.m. on Wednesday, April 9 at the GranTree Inn. (6) The City Manager indicated that he and Director of Public Service Holmes met with the Butte Highway Commissioner on Thursday regarding a third interchange for Bozeman. He indicated that this item will be included on the Highway Commission's agenda for their meeting upcoming on Friday; and he plans to attend. He further noted that Commissioner Stiff will be in Helena on Friday; and he has asked the Commissioner to attend also. (n The City Manager indicated that the MLCT Insurance Trust met on Friday in Helena; and the liability insurance program is in effect as of today. He noted the Trust is hoping for a pool of at least five cities with a minimum of $500,000 in annual premiums. He indicated the initial coverage will be $300,000 per occurrence, with hopes to increase it to $500,000 per occurrence after bonds have been sold and capitalized. (8) Commissioner Stiff noted that the brochure on the NLC City Innovations Conference I to be held in San Antonio on May 1-3, 1986 reflects a rather interesting agenda that he feels could be beneficial to the City, including cash management procedures, capital investments and infrastructure techniques. He then indicated that he will request an authorized absence for the April 21 meeting, since he plans to be out of town and stated an interest in combining this conference with his previously planned trip. The Commissioner then requested that action be taken this week, since he must revise his plans if his attendance at this conference is approved. (Please see the next agenda item for action taken.) (9) Commissioner Vant Hull noted that on Page 12 of the March 31 issue of the Nation's Cities Weekly, there is an article entitled "Right to sue, liability costs at stake on Superfund. II She indicated that the Billings Gazette carried a more comprehensive article recently, including an amendment which would take away a city's right to sue pollutors for damages caused to the environment. She suggested that the Commissioners may wish to individually contact the legis- lators, stating opposition to this amendment. (10) Commissioner Vant Hull briefly reviewed a memo she received from Assistant Planner Marcia Elkins in response to her question about possible City participation in an SID for West Park Manor, Fourth Addition. She stated the memo indicates that an areawide 5 I D could be created in which the southern edge of the right of way for West Beall Street is the 51 D boundary, thus eliminating the City's participation. City Manager Wysocki stated that the staff has indicated to the developer1s representative that the City does not intend to participate in the 51 D. Commissioner Martel questioned why the City would not participate, including the installa- I tion of sidewalks along the north side of Kirk Park. The City Manager indicated that the staff does not feci that the street will improve or benefit Kirk Park; and it could require the relocation of some of the existing improvements within the park. ( 11) Mayor Mathre noted she had received a brochure on a risk management seminar. The City Manager stated that Mr. Nate Tubergen, Finance Director in Great Falls, attended a risk management school two weeks ago; and the Insurance Trust will benefit from his attendance, since he is one of the trustees. 04-07-86 132 (12 ) Mayor Mathre stated the Parking Commission will meet tomorrow morning at 9:00 a.m. in the Conference Room at City Hall. She then noted she has served as the Commissioner Liaison for the past six years and asked if one of the other Commissioners would like to serve in that capacity. Commissioner Martel indicated an interest; and Mayor Mathre appointed him as the Commis- sioner Liaison. (13 ) Mayor Mathre indicated that the TAC will meet at 10:00 a.m. on Thursday, April 10; I and the PCC wi II meet at 1: 00 p. m. that day. (14 ) The Mayor reminded the Commission of the Audit Committee meeting at 4:00 p.m. on Thursday, April 10. (15) Mayor Mathre indicated that she will leave the report on the various comments that the State received concerning the proposed amendments to the CDSC guidelines on the table for the other Commissioners to review. (16 ) The Mayor noted she has just received a letter from the State Department of Highways informing the City of the public hearing to be held on April 23 concerning the roadway designs for West Oak Street and North Nineteenth Avenue as well as the westward extension of Kagy Boulevard. ( 17) Mayor Mathre noted she has received a copy of a letter to Mike Money listing findings from the recent review of the administration of the CDSC grant; and she will leave the letter on the table for the other Commissioners to review. Attendance of Commissioner Stiff at the NLC City Innovations Conference - San Antonio, Texas - May 1-3, 1986 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that this item be accepted and added to the agenda for discussion. 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. Mayor Mathre asked if there are adequate monies in the City Commission budget to cover I this expenditure. City Manager Wysocki stated that a review of the budget reveals that, although there are not adequate monies under the Travel and Schools line item, there are sufficient monies in the Operations section of the budget to cover the costs incurred. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion authorize Commissioner Stiff to attend the National League of Cities City Innovations Conference to be held in San Antonio, Texas, on May 1 through 3, 1986 and, it being in the best interests of the City, his expenses be paid by the City. 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. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II Proclamation - "Poppy Days" - May 16-17, 1986 Application for Gaming License - The Topper, 1235 North 7th Avenue - one video draw poker machine - through June ~O, 1986 Suildinglnspection DivisIOn report for March 1986 Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. 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. I Recess - 3:50 p.m. Mayor Mathre declared a recess at 3: 50 p. m., to reconvene at 7: 00 p. m., for the purpose of conducting the scheduled public hearings. 04-07-86 133 Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. of the se in the 1 This was the time and place set for the public hearing on the Zone Code Amendment re- quested by Gene Cook to amend Chapters 18.30 and 18.52 of the Bozeman Municipal Code to allow tire sales, installation and alignment as a Conditional Use in the B-2 District. City Manager Wysocki stated the Zoning Commission had opened and continued this public hearing and recommended that the City Commission also open and continue the public hearing until a recommendation is submitted by the Zoning Commission. Mayor Mathre opened and continued the public hearing until such time as a recommendation is submitted by the Zoning Commission. Pu b I ic locate This was the time and place set for the public hearing on the Zone Map Change requested by Heritage Christian School to change the present zoning of R-O (Residential Office) to a R-S-3 (Residential--Suburban Country Estates, 3-acre minimum) District on a tract of land known as Certificate of Survey No. 909, located in the northwest one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as 4310 Durston Road. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted the subject site contains 3.105 acres; and under the requested zoning, it could not be further subdivided. She then indicated that the site is located approximately 1,000 feet west of Ferguson Road and is the I former site of the Rea Foundation. The Assistant Planner then stated that the applicant has requested this Zone Map Change because schools are not allowed in the R-O District; and if this application is approved, they plan to request a Conditional Use Permit to allow rehabilitation of the structure and relocation of their school. The Assistant Planner then indicated that under the current R-O zone, development is required to have City services; and the City's water and sewer services do not extend that far, nor are they anticipated to since the property lies outside the service district. Assistant Planner Elkins then stated the Master Plan designates the subject area as one dwelling unit per twenty acres; and the Planning staff has worked with the applicant in an effort to make sure that the intent of the Plan is achieved. The Assistant Planner stated that the staff report addresses the twelve criteria for a Zone Map Change. She then indicated that the Planning Staff recommended approval of the request; and the Zoning Commission concurred. Mr. Leroy Ensign, administrator of the Heritage Christian School, stated they wish to re- locate the school from its present North Ida Street location to the subject site. He then in- dicated that they have worked with the State and received approval on an expanded sanitary sewer system for the site. Mr. Ensign then stated that if this Zone Map Change and subsequent Condi- tional Use Permit requests are approved, the school will be relocated and the present site will be sold. Commissioner Vant Hull noted that schools are not allowed in the R-O zone at the present I time and questioned if the Zone Code should be amended to allow them. Assistant Planner Elkins indicated that schools would generally be in conflict with busi- nesses and offices allowed in an R-O zone because of the traffic generated. She noted that elementary schools are usually located in residential areas, where the traffic volume is much less. She further noted that even if an amendment were made, City services would still be re- quired and are not available to the subject site. Commissioner Vant Hull asked if this requested zone change will have any effect on the land immediately surrounding this site. The Assistant Planner stated that with the current ownership patterns in the area, she 04-07-86 131t does not anticipate any impact in the near future. She indicated that unless the sewer system is extended on an areawide basis, all properties in that area will incur the same problems as the existing site is currently facing. Mr. Doug Smith stated that he lives directly north of the subject site. He then indicated concern about the sewer system for the site. He further noted there is high groundwater in the area. Also, a ditch is located near the building, and he is concerned about the safety of the children. Mr. Smith also noted that Durston Road currently has a large amount of traffic and questioned how much this proposal would increase the traffic volume. 1 Assistant Planner Elkins indicated that those concerns will be addressed during review of the Conditional Use Permit application. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the customary one-week waiting period be waived. 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. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Zone Map Change requested by Heritage Christian School to change the present zoning of R-O (Residential Office) to a R-S-3 (Residential--Suburban Country Estates, 3-acre minimum) District for Certificate of Survey No. 909, iocated in the northwest quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Public hearinq - Zone Map Change - Bozeman Deaconess Foundation - redefine boundaries of the R-O District In the NWk of Section 17 and the NEt of Section 18, T25, R6E, MPM (Highland Boulevard near new nospltal J This was the time and place set for the public hearing on the Zone Map Change requested by the Bozeman Deaconess Foundation to redefine the boundaries of the R-O (Residential Office) District in the northwest one-quarter of Section 17 and the northeast one-quarter of Section 18, I Township 2 South, Range 6 East, Montana Principal Meridian. This site is more generally described as northwest of the new Highland Boulevard, southwest of the new Bozeman Deaconess Hospital, and southeast of the old Highland Boulevard. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She indicated that the pro- posed Zone Map Change will change the zoning on a portion of the Bozeman Deaconess Foundation property from PLI (Public Lands and Institutions) to R-O (Residential Office) and a portion from R-O (Residential Office) to PLI (Public Lands and Institutions). The Assistant Planner stated that in 1985, the Commission approved the rezoning of a a 12. 714-acre tract to R-O. She noted that the Bozeman Deaconess Foundation appl ied for a Zone Map Change to rezone a 4. 645-acre tract from PLI to R-Q; and that public hearing has been opened and continued before the Zoning Commission and the City Commission. The Assistant Planner s.tated that the Bozeman Deaconess Foundation subsequently submitted the request which is the subject of this pUblic hearing. She noted that this Zone Map Change request will result in decreasing the size of the R-O zoned parcel from 12.714 acres to 12.106 acres. Also, the R-O zoned area will be shifted to the north so that it is located as close to the hospital as possible. Assistant Planner Elkins indicated that the staff report addresses the twelve criteria considered while reviewing applications for rezoning. She then indicated that the Planning Staff recommended approval; and the Zoning Commission recommended approval pending withdrawal of I the previous application. Commissioner Jordan expressed concern that the City has approved the requested Zone Map Changes for this large project; and they are now seeking a rezoning. Planning Director Lere stated that during the initial rezoning, the hospital had not completed its plans. He indicated that they wish to locate the proposed clinic as close as possible to the hospital, with a covered walkway connecting the two buildings. Commissioner Vant Hull asked if the hospital has traded land with the City for the park land the City dedicated as right of way for the new Highland Boulevard. She also asked if that 04-07-86 135 process has any effect on this application. The Assistant Planner indicated the land trade does not affect this process; but it is tied to occupancy of the new structure. Commissioner Stiff asked when the clinic facility will be placed on the tax roles. Assistant Planner Elkins stated those discussions are conducted during the Planned Unit Development process or during the subdivision review. She noted at the present time, the area 1 being considered for rezoning is not a distinct tract of land because it has not been subdivided. No one was present to represent the Bozeman Deaconess Foundation for this request; and no one was present to speak in support of or in opposition to the proposed Zone Map Change. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commissioner approve the Zone Map Change requested by the Bozeman Deaconess Foundation to redefine the boundaries of the R-O District in the northwest quarter of Section 17 and the northeast quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Public hearing - Master Plan Amendment - Light Industrial to General Hi~hway Commercial ~ Charlie Rush - Lots 14-19, Gordon Mandeville State School Section Subdivision (east of North 7th Avenue and north of GtiffinDrive This was the time and place set for the public hearing on the Master Plan Amend- ment requested by Charles Rush to re-evaluate the land use designation for an area de- scribed as Lots 14-19, Gordon Mandeville State School Section Subdivision to the City of I Bozeman. This site is more generally described as east of North Seventh Avenue and north of Griffin Drive. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report, along with a slide pre- sentation showing the area under consideration. He noted the subject site contains 20.1 acres and is located along the U. S. Highway 10/ North Seventh Avenue entryway to the City. He then stated that 77.8 percent of the area, or seven of the ni ne lots, is devel- oped; and six of those seven lots contain businesses which are recognized as industrial uses. The Assistant Planner then briefly reviewed the type of development which has taken place along the west side of North Seventh Avenue, noting that 77.8 percent of the development is industrial and manufacturing, while 22.2 percent is commercial. Assistant Planner Skelton stated that the area along North Seventh Avenue south of Griffin Drive is zoned B-2 and B-2- T, and has been developed as a general highway commercial area. He indicated that Griffin Drive and Mandevilte Lane establish a natural boundary between the business and industrial uses. The Assistant Planner reminded the Commission that the subject site was annexed in 1982; and shortly thereafter it was rezoned from M-2-T to M-l-T. He further noted that since annexation, only one parcel has been developed (Ziebart); and that business is appropriate in the M-l zone. Assistant Planner Skelton stated that under the M-l zoning, retail establishments I are allowed as a conditional use; but business and professional offices are not allowed. He then indicated that the applicant wishes to develop the northernmost parcel as a pro- fessional office building; and if this Master Plan Amendment is approved, he will then seek rezoning from M-l-T to B-2. The Assistant Planner then noted that the applicant previously submitted a Master Plan Amendment request, but withdrew that application when the Planning Staff indicated that they would support the requested Conditional Use Permit for Ziebart if he withdrew the Master Plan Amendment. Assistant Planner Dave Skelton stated that the City-County Planning Board considered this item at their last meeting and concurred with the Planning Staff's recommendation for denial 04-07-86 136 of the requested Master Plan Amendment. Mr. Corbin Ross, architect representing the applicant, stated that U. S. Highway 10/ North Seventh Avenue is the entryway to the City from the airport and provides good exposure for businesses. He noted that most manufacturing businesses do not need to pay the high real estate prices for exposure but can be located on side streets. He further noted that general commercial businesses usually provide a better appearance than manufacturing businesses, particularly along an important entryway to the community. Mr. Ross then reviewed the existing businesses located in the subject area. He noted I that the drive-in lease will be up for renewal this summer; and if that use is not continued, two of the developed lots will become vacant. He noted that if the requested Master Plan Amendment is approved, those lots could be developed as general highway business, thus reducing the amount of industrial development in the area. He further noted the applicant would like to construct a 20,000-square-foot office building on the northernmost lot, which is currently vacant, taking advantage of the beautiful view of the Bridger Mountains. Mr. Ross indicated that, although the requested change in the land use designation and zoning would create non-conforming uses at this time, he feels those uses will change over time and become conforming uses. He further noted that should provide a better entryway to the community than currently exists. Commissioner Vant Hull noted that some local manufacturing firms have indicated they could not find affordable land in an appropriate zone upon which to construct an expanded facility but have had to move outside the city limits. She then questioned whether it is necessary to change the land use designation so the vacant lots wi II become developed. Mr. Ross noted that he had previously indicated that manufacturing firms do not usually require high exposure. He then stated that land in the subject area is currently selling for $5.00 per square foot, while land along Lea Avenue, lying immediately to the east, is currently selling for $2.00 per square foot. Commissioner Vant Hull then noted that the Planning Staff indicated that a Master Plan Amendment request was previously submitted but later withdrawn. She noted the same request is now back before the Commission and questioned whether the new application is made in bad I faith or if circumstances have changed. Mr. Ross stated at the time the previous application was submitted, the applicant was not certain whether the Ziebart facility would be considered appropriate in a commercial district or a manufacturing business; and the Planning Staff decided it would be more appropriate in the manu- facturing district. Commissioner Jordan noted the current cost of the lots should not be an argument for a change in the land use designation and zoning. Mayor Mathre asked if the landscaping requirements are more strict in a B-2 zone than in an M-l zone. Assistant Planner Skelton stated that due to the setback requirements, landscaping requirements are stricter in the B-2 zone. He then noted that if the parking lot exceeds 15 parking spaces, the same landscaping requirements apply in either zone. The Assistant Planner then indicated that the major differences in setback requirements between the subject zones is in the rear and side yards. Mr. Chuck Westlake, owner of Midwest Welding, indicated that his business is located in the subject area. He noted that, although it is classified as industrial, 61 percent of his gross dollar volume is through hardware retail sales. He then noted that North Seventh Avenue from West Main Street to Griffin Drive is zoned B-2; then it changes to M-l- T and becomes less attractive. Mr. Westlake stated if the land use designation and zoning are changed to allow commercial development rather than industrial, he feels the area will change dramatically and provide a more attractive entrance to the community. He also noted that businesses which I require high exposure would benefit from a location along North Seventh Avenue. Commissioner Vant Hull noted that the applicant has indicated an interest in developing the northern lot as a professional office building; and that such offices usually do not require high exposure. Mr. Westlake noted that is true; however, many people want a nice office location with a panoramic view, which would be available from that lot. 04-07-86 137 Mr. Pat West, Northern Energy, indicated that. although Cal-Gas is currently considered light industrial, 75 percent of their business is from retail walk-in customers. Commissioner Vant Hull asked if the height restrictions are different in the zones being discussed. Planning Director Steve Lere stated the height restrictions are 40 feet in the M-l zone and 32 feet in the B-2 zone. 1 Mr. Charles Rush, applicant, stated support for the requested Master Plan Amendment and stated concurrence with the comments submitted by Corbin Ross and Chuck Westlake. Commissioner Vant Hull once again asked her question about resubmittal of this application and whether there has been a change in circumstances. Planning Director Steve Lere stated that the Planning Staff reviewed the Ziebart request and determined that it would not be allowed as a permitted or conditional use in the B-2 zone but would be allowed under the present zoning. The Planning Director stated that the request for the Master Plan Amendment and the Conditional Use Permit application were both submitted at the same time; and the staff indicated it could not review or support both applications at the same time. He noted after that determination was made, Mr. Rush acknowledged that decision and withdrew his request for a Master Plan Amendment. Mr. Chuck Westlake encouraged the Commissioners to consider the requested Master Plan Amendment on its merits, noting it will provide a better entrance to Bozeman and the best use of the property. No one was present to speak in opposition to the requested Master Plan Amendment. Mayor Mathre closed th~ public hearing. A decision will be forthcoming in one week. Adjournment - 8:30 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, I Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 04-07-86