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HomeMy WebLinkAbout1986-04-21 152 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 21,1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 21,1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City I Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commissioner Stiff was absent In compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discuss ion. Minutes - April 14, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the minutes of the Apri I 14, 1986, meeting be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Open bids - furnishing of 3/411 minus crushed base course (roadmix gravel) (Gas Tax Apportionment mOnies) This was the time and place set for the opening of bids for the furnishing of 3/411 minus crushed base cours-e (roadmix gravel). The City Manager noted that the purchase of this item is to be funded through Gas Tax Apportionment monies. He then recommended that the bids be opened and read at this time. The affidavit for the IICal1 for Bidsll was submitt.ed. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bids for the roadmix gravel be opened and read. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud: Unit Price Total Price Figgins Sand and Gravel, Inc. Bozeman, Montana License No. 4075A $4.90 $12,250.00 Pioneer Ready Mix Bozeman, Montana License No. 6503A . $5.00 $12,500.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids for the roadmix gravel be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voti ng Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. Request for sponsorship of EDA grant - MSU Endowment and Alumni Foundation City Manager Wysocki presented to the Commission a letter from Mr. Don Gustofson, Montana State University Endowment and Alumni Foundation, requesting that the City sponsor an application for an Economic Development Assistance grant in the amount of $300,000. The City Manager stated the grant monies would be used to install more infrastructure in the Advanced Technology Park, I possibly completing all of the improvements required for Phase I as well as Phase II of the project. Commissioner Vant Hull asked when the City would receive an answer on whether the applica- tion is approved. Mr. Don Gustofson stated that if the appl ication is completed within the next two to three weeks, an answer should be submitted within forty-five days. He indicated that the monies from 04-21-86 153 this grant would be used mainly for infrastructure in Phase I, since the Endowment and Alumni Foundation has monies for the infrastructure in Phase II at this time. Commissioner Jordan asked if the City will become liable or financially involved in any way through sponsorship of this application. City Manager Wysocki stated that, as sponsor, the City would be required to make sure that administration of the grant is properly handled. He indicated that Senior Planner Mike I Money is currently working with the individual who prepared this application concerning the administration of the grant. He also stated that the EDA will monitor the program; and the City will be responsible for providing the needed information. Mayor Mathre noted the letter of request indicates the application will be for up to $300,000 and asked if that is the amount of the application. Mr. Don Gustofson stated that $300,000 is probably the maximum that the MSU Endowment and Alumni Foundation will receive. He noted that a year ago, the Foundation was considering an application for $1,000,000; however, the funding program is being cut and the lower amount seems more feasible at this time. City Manager Wysocki recommended that the Commission authorize the staff to proceed with the grant application as requested. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission authorize and direct the staff to enter into the sponsorship of an Economic Development Assistance grant in the amount of up to $300,000 on behalf of the City for the Montana State University Endowment and Alumni Foundation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - Memorandum of Agreement of taxes between the Ci ty and the ndowment an lumni oundatlon City Manager Wysocki presented to the Commission a copy of the Memorandum of Agreement I between the City and the Montana State University Endowment and Alumni Foundation providing for the payment in lieu of taxes on properties located within the Research Technology Park. He noted that copies of this agreement have been submitted to the City Attorney and the Foundation's attorney for review. The City Manager then recommended that the Commission authorize him to sign the Agreement. Commissioner Martel asked why a savings or severability clause is not contained in this Agreement. City Attorney Crumbaker-Smith indicated that the Agreement is basically a restatement of the provisions contained in the State Statute. She then indicated that a savings clause can be added if the Commission so desires. Mr. Gustofson, MSU Endowment and Alumni Foundation. stated the attorney has not had an opportunity to review this Agreement. He indicated that he does not anticipate any major concerns with the Agreement. The City Manager stated if any major revisions are proposed in the Agreement, the item wi II be submitted to the Commission once again for review and approval prior to the his signing the document. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion approve the Memorandum of Agreement, as amended to contain a Savings provision, and authorize and direct the City Manager to sign. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. I Presentation by the Gallatin Valley Softball Association - Gary Mitchell Mr. Bill Parker, District Chairman for a three-county area, gave a brief history of the Softball Association, noting that he has been playing softball here since 1970. He noted at that time six to eight teams used the three North Grand ballfields. At this time, there are over seventy teams competing on three and one-half fields. Mr. Parker indicated that lights have been added to the Recreation Complex; however, the fields have deteriorated now because of the extended hours of play needed to accommodate all of the teams. 04-21-86 151t Mr. Parker stated that the Softball Association is totally self-supporting in its operation, which has grown from a shoestring operation to a tax-exempt organization that will be using a computer to schedule teams for the upcoming season. Bill Parker stated that tournaments are held on eight to eleven weekends each summer; and each out-of-town player spends $65.00 to $200.00 per day in the community, generating a substantial amount of revenue from tourism for Bozeman. He indicated that the deteriorated condition of the fields is making it difficult for Bozeman to successfully compete for tournaments, I noting that the Association bid on holding the state tournament this summer and lost. Mr. Parker stated that the Softball Association would like the City to participate in some of the expenditures involved in maintaining the Recreation Complex, such as fertilizer, garbage collection, water and electricity, which would then provide the Association with additional monies for improvement of the facility. Mr. Gary Mitchell, President of the Gallatin Valley Softball Association, noted that the City staff has been cooperative and willing to help the Association in their proposed plans to upgrade and expand the Recreation Complex. He stated that the Association handles substantial funds at this time, indicating that the the cash flow is greater than in many small businesses in this community. Mr. Mitchell stated that the Association has attempted to avoid expansion in the number of teams playing on the existing fields, noting that many churches have indicated an interest in playing under the Association although not being a part of the league teams. Mr. Mitchell stated that the Association will be using the North Grand ballfields again this year because they do not have adequate space at the Complex. He further indicated that other fields in the community will be used for activities, such as the girls' softball program, to help alleviate the pressure on the fields at the Complex. Gary Mitchell stated the Association has been working with the Park Superintendent, Recreation Superintendent and the Recreation Advisory Board on developing a plan for expansion of the Recreation Complex. He noted that with the realignment of Highland Boulevard and the paving of Ellis Street, a natural area has been made for expansion of the Recreation Complex. He indicated that with minor changes, the existing ballfields could be better used for other I sports such as soccer. Also, two more fields could be easily added to the Complex, relieving some of the pressure on the existing fields. Mr. Mitchell stated that the new fields would not be lighted at this time, but would be used only during daylight hours. He then indicated that he has met with representatives from the soccer club as well as the American Legion baseball program to discuss remodeling of the Complex to better accommodate the various sports, stating that each of the clubs has indicated a willingness to back the others in improving recreational facilities in the community. Mr. Mitchell then asked the Commission to consider some financial support for the operation of the Recreation Complex, to allow the Softball Association to utilize their funds for improvement of the facility. He indicated they will continue to work with the City staff and Recreation Advisory Board to prepare a plan for expansion which is acceptable to everyone, after which it will be brought back to the Commission for review and action. Commissioner Vant Hull asked what the Association considers support. Mr. Mitchell indicated both the City and the County have Parkland Trust Funds, which are earmarked for park and recreation improvements, noting the County has indicated an interest in considering a proposal. He also noted that some grant monies may be available to a govern- mental entity for improvement of the facility. Commissioner Vant Hull then asked if the County would be willing to provide the Association some land for ballfields. Mr. Mitchell stated he has approached the County on three different occasions. He indicated that the County has accepted cash-in-Iieu of parkland dedications recently and does I not have any parcels large enough to accommodate construction of softball fields. Mr. Mitchell then indicated that the Association has also reviewed the possibility of using State land. Mayor Mathre stated she has heard concern expressed about the lights from the ballfields blinding vehicles traveling along the interstate. Gary Mitchell indicated that the State Department of Highways contacted him about that problem; and he has asked Montana Power to realign the lights before the season starts. He noted if that does not eliminate the problem, some type of shielding will be installed. 04-21-86 155 Mr. Mitchell then stated that he has been working with Park Superintendent McNeil on the possibility of drilling a well at the Recreation Complex for irrigation purposes, to help alleviate some of the problems incurred with water shortages. Commissioner Jordan asked if the light standards will need to be relocated as a result of the proposed expansion. Mr. Mitchell stated the proposed installation of new fields will be done so that no re- I location of the lights will be necessary. He also noted that any change in the existing fields will also be done in a way that does not affect the lighting. Mayor Mathre thanked Mr. Parker and Mr. Mitchell for their presentation. Request for extension of sewer service outside city limits - Ron Green, 27737 Frontage Road West City Manager Wysocki presented to the Commission a request submitted by Ronald D. Green, 27737 Frontage Road West, for extension of the City sewer service to his residence. He a I so submitted to the Commissioners a memo from Engineering Technician Roger Sicz recommending approval, subject to five conditions, as well as a letter from the Gallatin County Sanitarian stating that the most acceptable method for correcting the failed septic tank system at this site is to hook onto the City sewer service. The City Manager stated the subject property is located along U.S. Highway 10, approxi- mately one-half mile from the city limits; and the sewer trunk line runs less than 150 feet from the house. He then stated that Mr. Green has indicated a willingness to sign a Waiver of Protest of Annexation for his property if this request is approved. He then recommended that the Commis- sion approve the request. Mayor Mathre reminded the Commissioners that Section 13.32.030 of the Bozeman Municipal Code lists five factors to be considered in determining whether or not to extend service outside the city limits. as follows: 1. Orderly growth and development of the city; 2. Water and land pollution abatement or control; I 3. Need of persons or industries requesting service as determined by the city commission; 4. Capacity of the utility system of the city to serve property outside of the city limits of the city; 5. Extension of water or sewer service facilities outside of the city limits will not be approved if the property to be served has been determined by an engineering analysis to be outside of the areas that the existing water system, sewer collection system and sewage treatment facilities are designed and constructed to serve. The Commissioners reviewed the five factors and determined that this request basically complies with most of those items. Commissioner Vant Hull asked if this request is urgent. The City Manager indicated that the septic tank caved in last week. Commissioner Martel questioned how this sewer service will be billed. City Manager Wysocki indicated that the City has a basis for calculation, noting that there are other properties which receive sewer service only. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the request submitted by Mr. Ronald D. Green, 27737 Frontage Road West, for permission to connect to the City sewer system, subject to his signing a Waiver of Protest of Annexation and the following conditions, as recommended by the Engineering Technician: 1. Owner or lessee of property shall make application to connect as I provided, obtain a plumbing permit from the plumbing inspector and pay the inspection fee required by the plumbing code. 2. Owner will hire acceptable contractor to install sanitary sewer manhole and service line. 3. Owner will notify this office twenty-four (24) hours in advance of manhole installation. 4. Installation and materials furnished for this service connection shall be done in accordance with Montana Public Works Standard Specifications, Second Edition. 04-21-86 156 5. Inspection of manhole installation will be done by personnel of the City Engineering Office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. Break - 3:00 to 3:10 p.m. Mayor Mathre declared a break from 3:00 p.m. to 3:10 p.m., in accordance with Commission I policy established at their regular meeting of March 14, 1983. Presentation of Resolution re University/City transit system - Jerry Malmo, ASMSU Mr. Jerry Malmo, ASMSU, stated the Student Senate adopted this Resolution to show the City that the students support a transit system for the University and the community. He then gave a brief background on this proposal, noting that an ad hoc committee was formed to look at .alternative roles for ASMSU to play in promoting a transit system for the University and the community after Dr. Armijo of the Civil Engineering Department as well as Lloyd Rue, a student in that department, approached the Student Senate. Mr. Malmo stated that Butte currently has a number of busses to be sold at a reasonable price. He noted that a group from MSU went to Butte to look at the busses and found them to be in good working order. He indicated that if ASMSU and the City are to become involved in a transit system, action must be taken quickly on these busses or they may be sold to another governmental entity. He noted a pilot program could be established to determine how much support the students would give the transit system. He stated the ASMSU purchased a bus during the last pilot program, but it broke down after fourteen days. He noted during the time it was running, it received a good response; and a survey at this time indicates that 60 percent of the student board would support a transit system. Mayor Mathre asked Mr. Malmo if ASMSU has money to fund this proposal. Mr. Malmo indicated that ASMSU would probably be willing to implement a pilot program; and if it is relatively successful, they would probably attempt to proceed with a transit system. I He stated for that expansion to work, the City would need to become involved. Mayor Mathre noted she supports the idea of mass transit; but she needs proof that the demand does exist to support such a system. Commissioner Jordan noted that the cost of a transit system is high, mainly due to the maintenance costs involved. He indicated that if a $20.00 fee were added to the students' activity fee. it probably still would not generate more than one-third of the monies needed to support the system. Commissioner Vant Hull asked if the City could add a mill levy for public transportation. Mayor Mathre noted the City would need to create a transportation district, through a vote of the residents; then it could levy up to a specified number of mills to support the system. Commissioner Jordan stated he was on the committee that previously reviewed the question of whether this area would support a mass transit system. He noted that they did a survey; and quite a high percentage indicated they feel a mass transit system would be good, but he feels the percentage of people who actually use the system would probably be somewhat lower. The Commissioner then stated that, no matter how successful the mass transit system is, the fares from the service pay only a small portion of the costs involved. Mr. Leif Griffin, ASMSU, stated that Mr. Craig Roloff, Director of Administrative Services at MSU, has indicated that before the administration could support, including possible financial support, a mass transit system, the City, MSU and ASMSU would need to enter into a cooperative agreement. He noted Mr. Roloff suggested that a committee comprised of representa- tives from the three bodies prepare a draft agreement for consideration by the various bodies as I a possible way of proceeding with this proposal. Mayor Mathre asked if the City has any means of providing funding for a mass transit system at this time. City Manager Wysocki stated the way he would recommend generating revenues to support a mass transit system would be through the creation of a transportation district, as discussed previously. He noted that if the district were approved and ten mills were levied, that would generate approximately $200,000 to support the program. 04-21-86 157 Jerry Malmo stated the question before the Commission at this time is not whether the City is willing to commit funds to the project but whether the City will recognize that the students are willing to take an active role and cooperate in that effort. Mr. Lloyd Rue stated that the students have not investigated the various funding sources avai lable for the proposed mass transit system. He then indicated that if a pilot program is completed but it does not appear that the proposal would be successful, it is probable that the I bus or busses could be sold with ASMSU incurring no large losses. Commissioner Martel noted the main users of a mass transit system would be the MSU students and the senior citizens; and the seniors have their own transportation service at this time. He then suggested that the students consider establishing a transit system as a student service funded through an assessment each quarter, which would be used by area citizens on a cost-per-ride basis. Mayor Mathre asked if any of the Commissioners wish to meet with the MSU students to discuss the feasibility of mass transit system. Following discussion, Commissioner Vant Hull indicated an interest in meeting with the MSU students, noting this establishes no commitment from the City or develops any expectations that the City wi II become financially involved. Ordinance No. 1202 - adopting the "Uniform Building Code," 1985 Edition City Manager Wysocki presented Ordinance No. 1202, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.04 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE REGULATION, ERECTION, CONSTRUCTION, EN- LARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES IN THE CITY OF BOZEMAN, MONTANA; AND REPEALJNG ORDINANCE NUMBERS 1043 AND 1119. I The City Manager stated that this Ordinance, as well as the following three ordinances, adopt updated codes pertaining to construction. He noted these codes have been adopted by the State; and by Statute the Commission must adopt the same codes, except for minor revisions in the fee schedules. He stated that Assistant City Manager Barrick has prepared memos address- ing each of these ordinances. City Manager Wysocki then recommended that the Commission provisionally adopt each of these four ordinances and that they be brought back in three weeks for final adoption, noting that specific publication requirements must be met. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1202, adopting the "Uniform Building Code," 1985 Edition, and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1203 - adopting the "Uniform Plumbing Code," 1985 Edition City Manager Wysocki presented Ordinance No. 1203, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.16 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY BY I REGULATING THE ERECTION, INSTALLATION, ALTERATION, ADDITION, REPAIR, RELOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM IN THE CITY OF BOZEMAN; AND REPEALING ORDINANCE NUMBERS 1042 AND 1121. Commissioner Martel asked if the revised fee schedule in this Ordinance is the same as that adopted by the State. Assistant City Manager Barrick stated that the revised method for figuring the fees is the same as that used by the State; but the actual fees are lower than those adopted by the State. 04-21-86 158 It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion provisionally adopt Ordinance No. 1203, adopting the "Uniform Plumbing Code," 1985 Edition, and that it be brought back in three weeks for final adoption. The motion carried by the follow- i ng Aye. and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Mathre; those voting No, none. Ordinance No. 1204 - adopting the "Uniform Mechanical Code," 1985 Edition I City Manager Wysocki presented Ordinance No. 1204, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1204 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.12 OF THE BOZEMAN MUNICIPAL CODE REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLA- TION, QUALITY OF MATERIALS, LOCATION, OPERATION AND MAINTENANCE OR USE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLIANCES; AND REPEALING ORDINANCE NUMBERS 1041 AND 1120. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1204, adopting the "Uniform Mechanical Code," 1985 Edition, and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. Ordinance No. 1205 - adopting the "Uniform Code for the Abatement of Dangerous Buildings," 1985 Edition City Manager Wysocki presented Ordinance No. 1205, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1205 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, AMENDING CHAPTER 15.24 OF THE BOZEMAN MUNICIPAL CODE REGULATING THE ALTERATION, ADDITIONS AND REPAIRS OF ALL STRUCTURES IN THE CITY OF BOZEMAN; PROVIDING FOR THE PROPER LEGAL STEPS IN ABATING DILAPIDATED, DEFECTIVE BUILDINGS WHICH ENDANGER LI FE, LIMB, HEAL TH, MORALS, PROPERTY, SAFETY, OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS; AND REPEALING ORDINANCE NUMBERS 1044 AND 1122. Commissioner Martel asked who makes the determination that a building is dilapidated and endangers the health, safety and welfare of the general public. The Assistant City Manager stated the process is set forth in the Code, noting that the Building Official is charged with that responsibility. Commissioner Jordan indicated that he reluctantly supports this Ordinance, noting that he feels it should be more closely enforced. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1205, adopting the "Uniform Code for Abatement of Dangerous Buildings," 1985 Edition, and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items: (1) A memo from Planning Director Lere indicating that the next appropriate step to I insert "enclosed garbage transfer stations" in the Zone Code is to refer the item to the Zoning Commission for a public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission ask the Zoning Commission to begin processing of a Zone Code Amendment to allow "enclosed garbage transfer stations" as a conditional use in the M-l zone. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. 04-21-86 159 (2) A letter from the City Manager stating support for the People Express Airline's re- quest for authority to serve the Denver-London market. (3) A memo from the League of Cities and Towns Insurance Trust indicating when district meetings will be held concerning the liability insurance program. The City Manager noted that the District 10 meeting will be held here at 1:30 p.m. on Tuesday, April 29,1986. He noted this is a general informational meeting only. I (4) An article from the Helena I ndependent Record concerning water hook-up fees in Helena, as submitted by Bill Penttila. (5) An article from the Hungry Horse News concerning the City of Columbia Falls de- faulting on 51 D payments, as submitted by Bill Penttila. Commissioner Vant Hull noted the article refers to a change in the state law and asked what type of change was made. City Attorney Crumbaker-Smith stated the change referred to was made in the 1983 legis- lative session; and that change allows the sale of 51 D bonds which are backed only by the district and not by the Revolving Fund. (6) Packets for the Zoning Commission meeting to be held on Tuesday, April 22, 1986. (7) The City Manager distributed to the Commissioners an information sheet showing the number of vehicles which entered the landfill on Saturday, when the fees were waived for individuals. (8) The City Manager stated he and Director of Finance Gamradt attended a meeting of City Managers from the larger cities in Montana on Thursday and Friday in Great Falls. He indicated that various portions of those meetings will be entered into discussions in the future, noting that a variety of topics were covered. (9) Mayor Mathre passed a letter from Mr. Stu Starner, basketball coach at Montana State University, around to the Commissioners for their review. (10) The City Manager noted one of the topics discussed at the recent meeting in Great Falls was the future creation of Special Improvement Districts. He noted one city has imple- I mented a policy to provide SID's for a portion of the improvements, while requiring the developer to install another portion of the improvements. He cited, as an example, creating an SID for construction of a street while requiring the developer to finance the installation of water and sewer services himself. The City Manager indicated that he will seek additional information on that policy. ( 11) Mayor Mathre asked for a brief update on what groups are picking up the various parks during the clean-up campaign. The Clerk of the Commission stated that Girl Scout troops have or will be working in Kirk Park, Cooper Park and Southside Park; Campfire will be working in Lindley Park, Beall Park and Soroptimist Park; a Brownie troop is working in Bogert Park; and Commissioner Vant Hull has taken responsibility for Centennial Park. The Commissioners reviewed the various areas which still need attention, including City Hall, the Carnegie Building, the Library and the City parking lots. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for ermission to conduct Chariot Race durin Greek Week activities - hursday, prJl 24, 19 6, 6:1 p.m. Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the Consent Items as listed; and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. Recess - Q:07 p.m. Mayor Mathre declared a recess at 4:07 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing. 04-21-86 150 Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Public hearing - Conditional Use Permit - Clair Daines - allow construction of a six-unit PUD on Lots 10,11,12,13,14 and 13 feet south of Lot 14. Block F, Black's Addition (312-322 South Tracy Avenue) This was the time and place set for the public hearing on the Conditional Use Permit I requested by Clair Daines to allow construction of six-unit Minor Planned Unit Development on Lots 10,11,12,13,14 and 13 feet south of Lot 14, Block F, Black's Addition. The subject site is more commonly located at 312-322 South Tracy Avenue. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He indicated that this Minor Planned Unit Development is before the Commission at this time because the Zoning Commission reviewed the Staff Report and requested that public hearings be conducted prior to approval or disapproval of the application. The Assistant Planner stated that the applicant has submitted copies of the covenants and by-laws to the Planning Staff for review. Assistant Planner Skelton then stated the application provides for construction of a six-unit condominium unit along the northern property line. He noted that access would be provided off the north-south alley and West Curtiss Street, with no access to be provided from South Tracy Avenue to this phase. The Assistant Planner stated two concerns were raised at the Zoning Commission meeting: (1) allowing access to the development along a narrow alley with several encroachments; and (2) possible demolition of the existing structure during further development of the site, since It meets the qualifications for listing in the National Historic Register. He noted that Mr. Daines has been working with the Planning Staff on possible ways to incorporate the existing structure into any future phases of this proposed development. Assistant Planner Skelton stated that the Engineering Officer has indicated that the sewer line in South Tracy Avenue has adequate capacity for this project. He noted that residents in I the area have indicated problems with the sewer line in past years; but the Engineering Officer has noted that those problems have arisen from Items which should not have been placed in the sewer line. He then indicated that the application is in general compliance with the zoning regulations; and the Zoning Commission concurred in the Planning Staff's recommendation for approval, subject to twelve conditions. The Assistant Planner then submitted slides of the subject property as well as adjacent properties. He noted that the house immediately to the north encroaches onto the subject parcel; but that encroachment does not affect the setback requirements for the subject development. He stated the house located on this site at the present time was constructed in 1892 by Nelson Story for his daughter, Rose Story, at the time of her marriage. Mr. Clair Daines, 105 Silverwood Drive, indicated that .he is -representing the owners of the property, Homestead Land Company. He noted that the six units will be constructed and sided in a manner which will blend in with the area. He then stated that he would like to rehabilitate the existing structure, possibly into two units, if it is economically feasible. He noted if the costs of repairing the house are beyond economic reality. the applicants would then be required to consider demolition of the structure. Mr. Daines then indicated that he generally agrees with the conditions for approval recommended by the Planning Staff and the Zoning Commission, although he has concerns about the inflexibility in use of the alleys. He noted that many of the older areas in the community are attractive because the alleys do prOVide an access and area for parking which is not avail- I able in many of the newer subdivisions. Clair Daines stated if this phase is approved and if rehabilitation of the existing house is economically feasible, after those projects have been completed, he wi II probably submit a request to the Commission for a density bonus to allow construction of two or three more condominium units along the southern portion of the property behind the existing house. Commissioner Vant Hull asked why this PUD involves only one-half of the property, rather than the enti re project. 04-21-86 161 Mr. Daines noted that two four-plexes could have been constructed on this parcel without any public hearings. He then indicated that a minor PUD is generally handled through an in- house review; and the owners wished to begin construction as soon as possible. Mr. Daines stated that, had he known the public hearing process would be utilized for this application, he would have submitted the entire project at once rather than in phases. Planning Director Steve Lere stated that the Zone Code lists four criteria which must be I met for a density bonus. He noted that preservation of existing historic structures if reasonable Is considered during that review. The Planning Director then noted the original plan for this site included the demolition of the existing structure and construction of eleven units; but those plans have since been revised to include the old house If possible. He further noted that the Planning Staff would prefer to review the entire project at once; but uncertainty about the ability to rehabilitate the old house does not permit that type of review at this time. Mr. Daines stated concurrence with the Planning Director's comments, noting that the option of removing the house must be retained if it is found not feasible to rehabilitate. The Planning Director noted that if any additional units are to be constructed on the property after the six-plex and rehabilitation of the house have been completed, the project will go through the complete public hearing process because it will then become a Major Planned Unit Development with a density bonus. Mr. Clair Daines stated he has spoken to Mrs. Fisher's attorney concerning the encroach- ment of her house on the subject property. He indicated that he will sign an easement for the house to remain as it is until such time as it becomes vacant and abandoned, at which time it must be removed; and any future structures must meet the required setbacks. Mr. Matt Cohen, Historic Preservation Officer, stated the Historic Preservation Advisory Commission is concerned about how this proposed development and any future development will affect the existing structure, noting that the Commission realizes that development of the site is inevitable. Mr. Cohen stated that the Commission supports Mr. Daines in his application, as well as indicating support for variances he may request which will provide maximum flexibility for I preserving the existing house. Mr. Cohen stated the existing house is eligible for the National Historic Register and is currently listed in the historic walking brochure which is distributed by the Chamber of Commerce. He noted that historic structures are an asset in the community because many tourists enjoy view- ing them. He stated the house is one of the few examples of Queen Anne architecture in the community, noting it has a brick facing over a wooden frame. He then indicated that the house is eligible for a 25 percent investment tax credit if it is rehabilitated. Mr. Cohen then showed slides of the subject parcel and existing house as well as other houses in the area, indicating the various types of architecture represented in that segment of the community. Mr. E. B. Griffin, 328 South Tracy Avenue, submitted a letter to the Commission just prior to the evening session, expressing opposition to any closing of the east-west alley which runs between his property and the subject property. Mr. Griffin stated he is in favor of any project which will improve the neighborhood. He then reiterated the concern stated in his letter, noting that the alley is the only access he has to his garage. Mayor Mathre asked if there are any plans for vacation of the east-west alley which borders the subject parcel. Clair Daines stated that the possibility of requesting vacation of that alley was discussed initially; but the plans have been changed and he has no immediate intentions of requesting that the alley be vacated. I Mrs. Ruth Sylvain, 307 South Tracy Avenue, stated she is a friend of Mrs. Fisher's. She indicated that Mrs. Fisher's house is also listed as an historic site, noting that her family built it before any other homes were built in the neighborhood. Mrs. Sylvain then expressed concern about the proposed development because the area has incurred sewage problems every year for the past several years. Commissioner Vant Hull asked if it would be proper to include a condition in the approval of this application which addresses the existing structure. 04-21-86 162 Planning Director Steve Lere stated that should not be a condition for approval of the first six units because the structure exists at this time. He noted if further development of the site is requested, the house will become a consideration at that time. Mayor Mathre reminded the Commission that the item before the Commission at this time is an application for six condominium units, noting it is difficult to keep that in mind since there is an existing structure on the site. Commissioner Jordan asked about the regulations for alleys. The Planning Director stated that the regulations allow backing into alleys from single- I fami Iy and multi-fami Iy residences but not from any higher density uses. Commissioner Jordan then asked if there are any guidelines on whether an historic struc- ture should be rehabilitated. He also asked, on a scale of 1 to 10, how the house on the subject parcel would compare to others of historic significance in the community. Mr. Cohen stated there are no specific guidelines to follow on whether a structure should be rehabilitated, only general agreement between the City and the owner. He then indicated he would rank the existing structure as a 7. Commissioner Martel asked if there are any regulations for rehabilitation of historic structures. Matt Cohen stated the only regulations on historic preservation are those adopted at the local level. He noted the National Register of Historic Places provides only a ceremonial listing of structures which meet certain criteria and for which applications have been submitted. City Manager Wysocki asked what type of base is under the existing alley, noting one of the conditions addresses repair to the alley for any damages done during construction. The Planning Director stated that the alley does not even have a gravel base. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull I and Mayor Mathre; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion approve the Conditional Use Permit requested by Clair Daines to allow the construction of a six-unit Planned Unit Development on Lots 10,11,12,13,14 and a portion of 15, Block F, Black's Addition to the City of Bozeman, Montana, subject to the conditions recommended by the Zoning Commission as follows: 1. That final site drainage plans, location and size. of water and sanitary sewer service lines be reviewed and .approved by the City Engineering Officer prior to final site plan approval. 2. That any det.erioration of the alley, as a result of construction of the Planned Unit Development, be improved to an acceptable City-approved standard, as required by the City Engineering Officer and the Director of Public Service. 3. That the two off-street parking spaces required for the existing resi- dence be delineated on the final site plan, prior to final site plan ap- proval. 4. That complete stairway details indicating construction techniques over the off-street parking area be reviewed and approved by the City Building Official prior to final site plan approval. 5. That the parking and turning area for spaces 13 and 14 be corrected to comply with Section 18.52.150 and that all visitor parking stalls comply with Section 18.54. 135 (4), prior to final site plan approval. 6. That all covenants and other legal documents for the six-unit P. U. D. be I submitted, reviewed and approved by the Planning Staff prior to final site plan approval. 7. That the minor Planned Unit Development comply with Section 18.50.150(A) allowing all fences, walls and hedges not to exceed more than four feet into any front yard, prior to final plat approval. 8. That the submitted building elevations comply. with Section 18.20.060 and Section 18.52.130(B) regarding maximum building height, prior to final site plan approval. 04-21-86 . 1G3 9. That the developer enter into an Improvements Agreement with the City of Bozeman. The structures may not be occupied until all required improvements have been installed and inspected by the City of Bozeman for each phase. If occupancy is to occur prior to the installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half (H) times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion. I 10. That three copies of the final site plan, containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to issuance of a building permit for the project for each phase. One signed copy shall be retained by the Building Department; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 11. That all on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approved final site plan for each phase. 12. That the Conditional Use Permit shall be valid for a period of only 18 months following approval of the use for each phase. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report will be made to the City Commission for thei r action. If all required conditions have been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Adjournment - 8:07 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant I Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 04-21-86