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HomeMy WebLinkAbout1986-07-21 297 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 21, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 21, 1986, at 2:00 p.m. Present were Mayor Math re, Comm iss ioner J orda n, I Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - July 14, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of July 14, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Request for modification of Conditional Use Permit for the Klondike Professional Center - Steve Ungar representing Robert Pearson . City Manager Wysocki presented to the Commission a request submitted by Steve Ungar, attorney representing Robert Pearson, for modification of the Conditional Use Permit for the Klondike Professional Center. Mr. Steve Ungar noted that Valley Unit Subdivision is a prime example of a project which accelerates too quickly, particularly through having all of the improvements installed at once prior to development of the site. He then stated that construction and development of the Klondike Professional Center has progressed much slower than anticipated when the project was initially approved in July 1981. He indicated that one building in Phase 1 has been constructed on the project site, which is along Haggerty Lane at its intersection with Ellis Street; and the I current extension of the Conditional Use Permit expires on August 31, 1986. He stated that water, sewer, paving, curb and gutter for Ellis Street have been completed for all seven build- ings in the first phase; and off-street parking areas have been paved for the first two build- ings. He also noted that the area around the first building has been landscaped. Mr. Ungar stated the conditions which have not yet been met include landscaping for all seven structures in the first phase as well as paving the entire off-street parking areas for those structures. He noted that to complete those improvements would not be in the applicant's best interests, since they would be damaged and need to be redone following construction of the remaining buildings. He then indicated that Mr. Pearson cannot obtain the financial backing necessary to construct those buildings all at once. Steve Ungar indicated that possible revision of the phases has been discussed with the Planning Staff, including the possibility of having the first building be the only one in Phase I. Mr. Ungar stated that Section 18.52.080 of the Bozeman Municipal Code, which provides for amendments and modifications to Conditional Use Permits, allows the staff to approve modi- fications which do not significantly alter the intent of the approved conditions and the neighborhood character; and he feels that this request falls within that category. He noted the staff has denied the request; and, therefore, he has submitted the request to the Commission. He noted that the only request being submitted by the developer is to slow the project down; but it is essentially the same project which was originally approved by the Commission in 1981. Steve Ungar stated that Senior Planner Money suggested a non-cash method of security for the project; and he has developed a proposed "Covenant of Assurance" to address that I suggestion. Mr. Ungar indicated that the applicant has received a tentative commitment from a physician who would like to occupy all of Building 2 if it can be completed in a timely manner; however Mr. Pearson has not been able to obtain the required building permits and he is un- certain whether he will be allowed to construct the building under this Conditional Use Permit. Mr. Ungar stated the request before the Commission at this time is to modify the condi- tions of the Conditional Use Permit to allow completion of off-street parking areas and land- 07-21-86 298 scaping on an as-needed basis and to extend the time on the Permit, since it will expire on August 31. Steve Ungar then noted that Planning Director Lere has suggested the Commission may not be authorized to approve this request; however, the applicant should have the opportunity to appeal a denial to someone. Senior Planner Mike Money reviewed the history of the project, submitting to the Com- mission a memo which tabulates the initial approval in July 1981 and subsequent time extensions. I The Senior Planner stated that a review of the files indicates that approximately thirty Zone Code Amendments have been processed since this project was initially approved, noting one of those changes was implementation of a 35-foot setback from all stream banks . He noted the subject project is an excellent one; however, its theme centers around the stream which flows through the site. He then stated that item could be submitted to the Board of Adjustment; and the Planning Staff would not take exception to it due to circumstances and the fact that it is a good project. The Senior Planner stated the Planning Staff's desire is to get the project back into line with today's standards, expressing concern about completing a project in 1992 based on 1982 standards. The Senior Planner then reviewed the site plan upon which the project was originally approved, noting that Phase I contained seven structures; Phase II contained four structures; Phase III contained five structures; and Phases IV and V contained two structures. He noted the Planning Staff has suggested that the first phase be divided into three phases, with the first phase containing two buildings. He also suggested the property could be subdivided so that another individual could develop a parcel independent of this development. Senior Planner Money noted that Mr. Ungar has developed a "Covenant of Assurancell to address the proposed non-cash guarantee, which would allow the City to place a lien against the project if the improvements are not installed; however, it needs to be carried one step further by providing a cash security for the first phase to cover the costs of landscaping, stream relocation and revegetation. The Senior Planner stated he has also suggested that Mr. Pearson may wish to change I the manner in which the project is being developed by going through the Conditional Use Permit process to get approval on developmental guidelines, which would possibly provide greater flexibility in developing his project. Senior Planner Money then expressed concern that if the Commission approves the proposal submitted by Mr. Ungar, the applicant would not be required to install the landscaping and off-street parking for the entire phase, while other developers would be required to do so. Mayor Mathre asked if the Commission should be considering this item at this time, questioning whether a mechanism is prOVided in the Code. Senior Planner Money indicated that the applicant may appeal the staff decision to the Commission, following the same process as that followed for the Conditional Use Permit. He noted that requires the item be considered before the Zoning Commission, with a recommendation being submitted, after which it will go before the City Commission for action. He noted the Planning Staff does not feel this request falls within the guidelines for a minor modification; and they are concerned about the length of the project as well as the changes which have been made in the Code. City Manager Wysocki indicated the reason this item is before the Commission at this time is because Mr. Ungar requested that the appeal be placed on the agenda. A discussion on who makes the determination whether a modification is minor or major and whether that decision may be appealed to the Commission followed. After that discussion, the applicant addressed the Commission. Mr. Bob Pearson, owner of the Klondike Professional Center, stated his desire is to I construct the buildings within the project, but he has faced financial setbacks as well as problems in obtaining building permits for the project. He indicated that to date he has spent over $1/2 million, funded through his own means, on the project; and he wishes to continue with it. He noted that he received the building permit for his first building after meeting with the Planning Director and the Building Official; and his request for a permit for the second building was turned down last fall. He also noted that the final site plans for the project have not been filed with the Building Official, which was part of the problem he encountered last fall. 07-21-86 299 Mr. Pearson stated he has reviewed the Zone Code Amendments that have been made since approval of his project; and the only one which affects it is the streambank setback. He noted that Amendment was in effect when the Commission granted extension of the Conditional Use Permit last time; therefore, he feels that issue has already been addressed, He then indicated that he is willing to comply with changes to the Code, if they are reasonable. Bob Pearson then indicated a desire to proceed with construction of Building 2, noting I that any setbacks could cause the local doctor to lose interest in relocating to his development. He noted that he does not have enough monies to go back to the beginning on this project; but he would like to proceed with the initial plan as economics allow. City Manager Wysocki noted the staff has indicated they are willing to consider this request; however, they are requesting that the applicant follow the appropriate procedure, which he is not presently doing. Planning Director Steve Lere stated that the final site plans are not submitted to the Building Official until three copies have been submitted and signed; and those plans have not yet been submitted to him. He then reminded the Commission that the Zone Code does not provide a mechanism for approving extensions to the Conditional Use Permit, although an Amendment will be submitted for consideration at next month's Zoning Commission meeting. He also noted that Mr. Pearson has already received four or five extensions to the Permit, reminding the Commission that the last three or four requests made by others have been denied because the Code does not provide the necessary mechanism for extension. The Planning Director indicated the staff is concerned about extending approval of a Conditional Use Permit over a long period of time because the regulations change and because conditions in the area change, citing the relocation of Highland Boulevard and construction of the new hospital near the subject development. City Attorney Crumbaker-Smith indicated she would not suggest that the Commission vary from what the Code allows. Mayor Mathre asked how the first building was constructed, since no final plans have I been submitted; and Senior Planner Money indicated a permit should not have been issued. Planning Director Lere indicated that one of his suggestions has been that Mr. Pearson be allowed to construct the second building within this development, then go back through the process for the project. Mr, Pearson expressed concern about going back through the process for the remainder of his project, because he is afraid the City will impose conditions on it that he would feel are unreasonable. Commissioner Jordan indicated he feels empathy with Mr. Pearson for his financial binds. He then noted the staff has indicated a willingness to compromise and to work with Mr. Pearson, but there appears to be stonewalling on the other side; and that won't get the job done. The Commission then encouraged Mr. Pearson to proceed with his project, following the appropriate steps. Commissioner Martel indicated that he feels this request is a minor modification, since it does not change the size or character of the project, but only extends the timeframe for comple- tion of the various elements. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commis- sion determine that this request for modification of the Conditional Use Permit for the Klondike Professional Center submitted by Steve Ungar for Robert Pearson be treated as a major modifica- tion, and that it be sent back through the appropriate procedure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Martel. I B rea k - 3: 20 to 3: 30 p. m . Mayor Mathre declared a break from 3:20 p.m. to 3:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request - permission to encroach on public right-Of-way - James W. Harris, 604 South 12th Avenue City Manager Wysocki presented to the Commission a request submitted by James W. Harris, 604 South 12th Avenue, for permission to encroach on the public right-of-way. The City Manager 07-21-86 300 noted that Mr. Harris has constructed a decorative retaining wall of railroad ties within the one-foot right-of-way between the sidewalk and property line. He indicated that he has discussed this matter with Engineering Officer Neil Mann. He then suggested that a revocable permit be issued by the City staff with specific conditions attached, similar to those issued in the downtown area for sidewalk sales. The City Manager indicated that would also involve a hold harmless for the City so that any injury or damage incurred as a result of the encroachment would not result in any City liability. He noted that, should the retaining wall become a I problem, the revocable permit could be withdrawn, which would require that the wall be removed. The Commission indicated consensus with the City Manager's recommendation. City Manager Wysocki presented to the Commission a letter from Morrison-Maierle, Inc., consulting engineers representing Mr. Kunz, requesting that the hearing on this Preliminary Plat be postponed to July 28, 1986. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission continue until July 28, 1986, the preliminary plat review of Bluegrass Meadow Subdivision, Phase I, per the applicant's request. 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. Authorize n - letter exercisin option for Extended Discover eriod on ollcy City Manager Wysocki presented to the Commission a letter from Waite and Company ex- plaining the costs that would be incurred for a 36-month Extended Discovery Period on the Claims Made Public Liability Policy, which expired on July 17, 1986, at a cost of $18,681. The City Manager indicated that this insurance coverage would apply to any action occurring within I the next three years for any incidents which occurred prior to expiration of the policy, for up to $1 mi "ion. He then recommended that the Commission exercise this option and approve the expenditures of monies to cover the extended discovery period. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize the Mayor and City Manager to sign a letter exercising the option for the Extended Discovery Period on the Public Officials' Liability policy. 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. Discussion - continued membership in NA TOA City Manager Wysocki reminded the Commission that one of the "FYI items" at the February 10, 1986 meeting was a letter from the National Association of Telecommunications Officers and Advisors indicating that Mayor Mathre's membership in that organization would expire on March 2. He noted at that time, action was deferred until after the Commission had established the goals for Fiscal Year 1986-87; and that process has now been completed. He suggested if the Commission wishes to enter into a cable television franchise agreement, continuation of the membership, at an annual cost of $75, might be beneficial. Mayor Mathre noted that NA TOA is an affiliate of the National League of Cities. She noted that they do have annual conferences concerning franchising and refranchising. She also indicated the organization does provide assistance to cities which have franchise agreements; but she does not feel membership is worthwhile unless the City has one. I It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the City discontinue membership in NATOA. It was then moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the decision concerning continued membership in NA TOA be tabled until a decision is reached con- cerning the possible franchising of cable television in Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Jordan. 07-21-86 -- ---- -- 301 Authorize Mayor to execute - amended Montana Cash Anticipation Participation Agreement City Manager Wysocki submitted a memo to the Commission indicating that the Montana Cash Anticipation Participation Agreement has been amended. He noted the amendment provides for conformance with federal tax reform legislation and is minor in nature. He then stated that the interest on the bonds will be 5.625 percent to participating communities; and the City could receive a 7.06 percent interest rate on those monies. The City Manager then recommended that I the Commission authorize the Mayor to sign the agreement, noting that participation in the program will allow repayment of loans from the General Fund, thus freeing some of the cash in that fund. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize the Mayor to execute the Amended Montana Cash Anticipation Participation Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Request for permission to conduct annual Sweet Pea Bicycle Race - around Beall Park; authorize closure of North Black Avenue, East Beall Street, North Bozeman Avenue and East Short Street from 12: 00 noon to 6: 00 p. m., Saturday, August 2, 1986 City Manager Wysocki presented to the Commission a request for closure of North Black A venue, East Beall Street, North Bozeman A venue and East Short Street from 12: 00 noon to 6: 00 p.m. on Saturday, August 2, 1986, in order to conduct the annual Sweet Pea Bicycle Race around Beall Park. He noted the Police Division has reviewed the request and indicated it has no problems. He then recommended that the Commission approve the closure of the streets. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission authorize the closure of North Black Avenue, East Beall Street, North Bozeman Avenue and East Short Street !rom 12:00 noon to 6:00 p.m. on Saturday, August 2, 1986, in order to conduct the annual Sweet Pea Bicycle Race. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Discussion - format for evaluation of the City Manager City Manager Wysocki stated the Commission had requested that a copy of the format used during the last evaluation process be submitted for review at this time. Mayor Mathre noted this format has been used as a guideline for past evaluations; and not all of the questions are answered each time. She then suggested that Question No. II. 5. be removed, since it applies to increasing personnel in specific departments; and the budget is balanced with a reduction in personnel. Following discussion, the Commission concurred that the same form be utilized, with the deletion suggested by the Mayor. Commissioner Jordan suggested that if any Commissioner has any negative comments to be discussed with the City Manager, those comments be submitted to the other Commissioners in a memo so that everyone is aware of any problems, The Mayor requested that the Commissioners complete their evaluations of City Manager Wysocki and submit them to Clerk of the Commission Sullivan by next Monday, AppOintment to the Historic Preservation Advisory Commission City Manager Wysocki presented to the Commission a memo listing nine applicants for the one vacancy on the Historic Preservation Advisory Commission. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission appoint Jane Stone to replace Sam Hollier as an at-large member on the Historic Preservation Advisory Commission, with a two-year term to expire on June 30, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Stiff and Commissioner Martel. 07-21-86 302 Pledged Securities as of June 30, 1986 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M. C.A., Commissioner Martel and Commissioner Stiff had examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Securities was found to be in order. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of June I 30, 1986, and a list of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30, 1986 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FI RST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 1 8 , 1 00 . 00 City of Bozeman, Gallatin Co., MT, 4.30 10/01/87 016724 40,000.00 City of Helena, Lewis & Clark Co., MT; S.I.D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S .1. D. Bonds #287 7.00 1/01/91 6524 8,000.00 Bozeman, MT, S.I. D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 North Slope Borough, AK G. O. 9.25 9/20/89 257806 200,000.00 State of Hawaii 11. 5 8/01/90 181125 200,000.00 I So. Dakota Health Ed Rev 6.70 9/01/90 069431 100,000.00 U. S. Treasury Bill 10.0 5/15/88 447081 1,000,000.00 U.S. Treasury Notes Series Z 9.0 9/30/87 471600 3,000,000.00 TOTAL - First Security Bank - Bozeman $4,710,100.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/86 H951 6,250.00 City of Boulder, MT, GO Bd. 4.71 2/15/87 H949 4,200.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/87-89 H 1127 3,000.00 Pueblo West Metro. Oist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1,875.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/86 H 1045 2,500.00 5.00 11/01/87 H 1 046 2,500.00 I Grand Forks RFDG Imp. 5.40 5/01/89 945 100,000.00 Southgate Water Dist. RFOD 6.00 9/01/90 942 100,000.00 Flathead Co. SO #44 (Whitefish) 5.20 1/01/96 943 120,000.00 Gathersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00 Total - Montana Bank of Bozeman, Montana $ 644,825.00 07-21-86 303 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U. S. Treasury Notes 8.875 7/31/87 9893 200,000.00 I TOTAL - First Citizens Bank of Bozeman - Bozeman $ 200,000.00 WESTERN BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation 100,000.00 Trusteed with American National Bank & Trust Company: U.S. Treasury Notes 10.0 2/28/87 413950 200,000.00 TOT AL - Western Bank of Bozeman - Bozeman $ 200,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, the American National Bank & Trust Co., for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of June 30, 1986, by the several banks of Bozeman and approve and accept the same. JUDITH A. MATHRE, Mayor MARY B. VANT HULL, Commissioner DENNIS E. JORDAN, Commissioner ALFRED M. STI FF, Commissioner I WAL TER MARTEL, Commissioner 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. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A reminder of the joint meeting of the City Commission, City-County Planning Board, Zoning Commission and Board of Adjustment to be held on Thursday, July 24, at 7:00 p.m. in the Commission Room. (2) A memo from Mike Cavaness, Chairman of the Recreation Advisory Board, requesting that the Commission write a letter to the American Legion requesting payment for their signs, in accordance with the approval given. The City Manager reminded the Commission that they had approved a request for permission to install advertising signs around the American Legion at the Recreation Complex prior to last year's playing season. He noted that 25 percent of the monies received from those signs was to be deposited with the City, To date, the Finance Department has not billed the American Legion; I and he noted that their baseball program is in financial straits at this time. The City Manager then suggested that the Commission authorize the staff to pursue this matter after the playing season has been completed; and the Commission concurred. Commissioner Jordan expressed concern that one condition of the Commission approval was that no alcoholic beverages or tobacco products be promoted on the advertising signs; and that type of advertising is on the majority of the signs which have been installed. (3) The agenda and staff reports for the upcoming Zoning Commission meeting, to be held on Tuesday, July 22, at 7:00 p.m. 07-21-86 30 tt (4) The City Manager noted the Legislative Committee for the League will meet on August 1 in Helena; and Director of Finance Gamradt will represent the City. He then suggested that those interested may attend the meeting; and he encouraged the Commissioners to submit any concerns or legislative changes to the staff prior to that meeting. (5) The City Manager stated that organizers of the County Fair have asked about the possibility of having the Municipal Band play its Tuesday evening concert at the Fairgrounds rather than Bogert Park on July 29, during their fair, to attract people to their activities. He I indicated that he will submit this request to the band for their consideration; and the Commission concurred. (6) A summary of the goals established by the Commission for Fiscal Year 1986-87. Break - 4:22 to 4:37 p.m. Mayor Mathre declared a break from 4:22 p.m. to 4:37 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - schedule of work sessions on budget City Manager Wysocki submitted to the Commission a proposed schedule of work sessions to be held on the budget for Fiscal Year 1986-87. Following discussion, the Commission established the following schedule of work sessions on the proposed budget, noting that they will consider scheduling of additional sessions if necessary. Tuesday, July 22 9 : 30 a. m. to noon Saturday, July 26 9: 00 a. m. to noon Monday, July 28 following regular meeting Tuesday, July 29 10:00 a.m. to noon and 1 : 30 p. m. to 3: 30 p. m . The City Manager then noted that in the past, the Commission has begun on the first page of his recommendations and worked through the entire document, page by page. He asked I the Commission if they wish to follow that same process this year; and they indicated that they do. The Commission reviewed the first two pages of the City Manager's letter of transmittal, noting areas of concern. The City Manager noted that Commissioner Vant Hull has indicated concern about the listed areas for staff reduction. He then indicated that those staff reductions are already in effect, since the budget period begins on July 1. He noted the Commission does have the prerogative to change those reductions, if they so desire. Commissioner Vant Hull expressed concern about elimination of the second animal control officer. She indicated that she feels more stringent enforcement of the dog licensing ordinance, possibly through canvassing of the community, could generate sufficient revenues to cover the costs of the position. She also noted that residents of the community have expressed concern because they feel that the animal control program should be strengthened. Mayor Mathre reminded the Commissioner that one of the recently-established goals is review of licensing fees, including dog licenses. City Manager Wysocki reminded the Commission that license fees are for the calendar year, so any revisions would not generate significant increases in revenue until after January 1, 1987. Commissioner Martel suggested that the animal control officers could possibly canvass the community to determine if dogs are licensed during hours they are not patrolling. The City Manager noted that the animal control officers are kept busy with responding to calls and patrolling the community, particularly in those areas where they know problems exist. I Commissioner Jordan noted that one of the primary reasons for requiring a license is to be sure that the dogs have current rabies vaccinations. He stated a recent article indicated that Montana is one of the top three states in the nation for the reported number of rabies cases. Mayor Mathre noted that is true; however, Gallatin County has had no reported cases of rabies. City Manager Wysocki noted that he has listed nine areas under the operations budget which have been reduced from the originally proposed budget. He indicated that, although those 07-21-86 - ---- 305 items have been reduced from the department's request, funding for dead tree removal is higher than it has been in the past. Commissioner Martel suggested that combining of positions at the administrative level, such as the Director of Public Service and Engineering Officer positions, could generate greater cost savings while maintaining adequate staffing levels than decreasing maintenance positions. The City Manager stated that the Director of Public Service position is warranted because of I the amount of work he coordinates and does. Commissioner Vant Hull noted that the amount of construction has decreased recently and suggested that one position in that department be eliminated until the amount of construction warrants filling of the position again. The City Manager noted that the current staff reflects expertise in mechanical and electrical; and those elements must be retained to have an effective depa rtment. He also noted that the amount of construction is cyclical; and it is difficult to hire and layoff according to that cycle. Mayor Mathre noted one of the elements where decreases are identified is travel and schools. She then asked if the staff has developed a policy describing the types of travel which will be allowed. City Manager Wysocki stated that no policy has been developed. He then noted that specialized training in various areas, particularly for the police, is sometimes provided only once every two or three years; and they must have the ability to travel if that training is needed or desirable. He also indicated that the programs through the National Fire Academy and the Federal Bureau of Investigation could be changed in the next year, substantially increasing the costs to local governments; and it is in the City's best interests to send as many employees as possible before those changes occur. Commissioner Stiff noted that some of the high level administrative positions will open during the upcoming year. He also noted it is easier to evaluate and possibly eliminate those positions if they are vacant than if they have been recently filled, indicating that he realizes it would be difficult to find the monies within the budget to conduct a management audit. I The City Manager then briefly reviewed the various changes in projected revenues, as contained on Page 2 of this transmittal letter. Mayor Mathre suggested that the Commission terminate the work session at this point and continue it at the work session scheduled for tomorrow morning. Recess - 5:30 p.m. Mayor Mathre declared a recess at 5:30 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. This was the time and place set to conduct the public hearing on the Conditional Use Permit requested by Charles Rush to allow a five-structure mini-warehouse as a Planned Unit Development on Lot 19-8 of the Gordon Mandeville State School Section Subdivision. This site is more commonly known as being located on North Seventh Avenue. Mayor Mathre opened the public hearing. I City Manager Wysocki stated that Assistant Planner Dave Skelton has submitted a memo indicating that Mr. Corbin Ross, representing Mr. Charles Rush, has verbally indicated that he wishes to withdraw this request. He then recommended that the Commission conduct the public hearing; and vote to deny the application based on the applicant's verbal withdrawal. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission deny the Conditional Use Permit requested by Charles Rush to allow a five-structure 07-21-86 ----- 30G mini-warehouse on Lot 19-B of the Gordon Mandevi lie State School Section Subdivision, based on the applicant's verbal request for withdrawal. 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. This was the time and place set to conduct the public hearing on the Zone Code Amendment I requested by the City-County Planning Staff to change the text of Sections 18.66.050 (F) , 18.68.030(E) and 18.68.030(G), Bozeman Municipal Code, to revise requirements for public notice of amendments and changes, and appeals and variances. Mayor Mathre opened the public hearing. Planning Director Steve Lere presented the Staff Report. He indicated that the proposed Zone Code Amendment affects three sections of the Code, applying to the method and requirements for public notice for appeals and variances before the Board of Adjustment, for Zone Code Amend- ments and Zone Map Changes, and for extension of zoning boundaries into areas not currently under the City's zoning designation. The Planning Director indicated that the proposed changes will more accurately reflect what is currently being done, noting that the current notice require- ments include sending of notices to all newspapers, radio stations and television stations serving the jurisdictional area. He stated the notices would still be made available to all media, however, it would be done on request only. The Planning Director then stated that the proposed amendment is in conformance with State Statutes. Planning Director Lere stated that the Zoning Commission reviewed the proposed Zone Code Amendment and recommended approval. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion waive the customary one-week waiting period. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Zone Code Amendment requested by the City-County Planning Staff to change the text of Sections 18.66.050(F), 18.68.030(E) and 18.68.030(G) of the Bozeman Municipal Code, to revise the requirements for the public notice of amendments and changes, and appeals and variances. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. This was the time and place set to conduct the public hearing on the Master Plan Amendment requested by Jerry Perkins and Phillip Saccoccia to change the land use designation from medium- density residential to light industrial and general highway commercial on the north one-half of Tract 2 of Certificate of Survey No. 1215, located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located south of Baxter Road and east of North 19th Avenue extended. City Manager Wysocki stated that the City-County Planning Board has tabled consideration I of this application until after the Master Plan has been revised; and recommended that the Com- mission open and continue this public hearing until after the Planning Board has submitted its recommendation. Mayor Mathre opened and continued the public hearing until such time as a recommendation is received from the City-County Planning Board. 07-21-86 307 Public hearing - review of needs assessment for the CDSG program This was the time and place set for the public hearing on the review of the needs assess- ment for the Community Development Block Grant program. Mayor Mathre opened the public hearing. Senior Planner Mike Money stated the purpose of this public hearing is to review the needs assessment which has been developed for previous Community Development Block Grant I applications to determine if it needs to be updated for this application period and to comply with the 1986 CDSG program guidelines. He noted this needs assessment reviews the needs of the community, particularly the low- and moderate-income families. The Senior p"anner indicated that he has conducted one public meeting to explain the process and two public hearings on the CDBG program to date. He noted at the public hearing conducted on June 18, the Museum of the Rockies submitted a request for consideration of a $250,000 economic development grant; and on July 2, the City-County Planning Staff submitted a request for a grant for revitalization efforts in the northeast sector of the City. Senior Money then indicated that he had submitted to the Commission copies of the 1984 grant application containing the needs assessment. He then reviewed that assessment, noting that it addresses four basic areas (1) public facilities, (2) housing, (3) economic development, and (4) neighborhood and community revitalization needs. He noted each of those areas is inter- linked with the others; and no one area contains more weight than the others. The Senior Planner noted that the target area for the 1984 CDBG program contained 693 residential units, 70 percent of which were determined to be substandard; and the current program has provided funding for rehabilitation of 44 of those units. He also noted that several streets in that area remain unpaved; and some of the houses and businesses are served by 1 t-inch and 1 i-inch galvanized steel water mains. He further noted that area has some historic preservation interests, since the Lehrkind Mansion is located in the general area. He indicated the area is zoned for commercial and industrial uses; however, the small water lines and unpaved streets are not conducive to development. I Senior Planner Money noted the portion on economic development indicates a major emphasis should be placed on promoting tourism, which will hopefully address the rising unemployment situation. He stated this section should be updated to place additional emphasis on economic planning, particularly as it applies to increasing the number of jobs, and providing adequate child care facilities for low- and moderate-income families. The Senior Planner then requested that the Commission authorize the Planning Staff to rewrite the needs assessment to more accurately reflect the current situation, with a revised assessment to be placed in the Commissioners' packets for consideration at next week's meeting. He noted that action on this item must be taken before the Commission can make a decision on which application it wishes to submit for the 1986 application period, the deadline for which is September 12, 1986. Senior Planner Money indicated that 60 percent of the monies under the 1984 grant have been drawn down; and 90 percent must be drawn down prior to the September 12 deadline for the City to qualify as an applicant. He noted the City has sufficient applications to process to meet the 90 percent drawdown, if all of the applicants can be qualified under the program. He further noted that Chris Pazder, the CDBG Specialist, has submitted his resignation, which will be effective on Friday. The staff has advertised for firms to do the work write-ups and inspections on a contract basis, and they will fill in that capacity when Mr. Pazder leaves. The Senior Planner then encouraged the Commission to proceed with these hearings and selection process, rather than letting the application date sl ip by because of uncertainty of whether the 90 percent will be expended. I Commissioner Vant Hull asked how long it takes from the time an application is received to the drawdown time. The Senior Planner indicated each case is different because of the various elements involved. He noted that it takes one to two weeks to qualify an application; the work write-up takes one day to one week; the bidding process takes ten days after advertising; and the Loan Review Committee and City Commission must approve the loan. Commissioner Stiff noted that in 1984, 49.1 percent of the residents in the community were low- and moderate-income; and in 1986, 61 percent are. He then asked about that increase. 07-21-86 308 The Senior Planner indicated that the Department of Housing and Urban Development analyzes the cost of living against the average wage in each specific area annually and revises the guidelines accordingly. He noted that the cost of living is high in Bozeman, compared to the rest of the state. Commissioner Vant Hull asked if the staff has a fallback position if it does not meet the 90 percent requirement. Senior Planner Money stated that the staff will finalize the 1984 grant and prepare to I submit an application in January for economic development monies. He then indicated that in this go round, to be competitive, an application must score 95 or higher. He noted if neither proposed application appears it will score that high, the City should not waste time in sub- mitting an application. Commissioner Jordan noted an article in Sunday's paper indicated that the Tech Park did not meet the requirements for its CDBG program and must reapply for monies. He then questioned how that will affect this process. The Senior Planner noted that economic development grant application was submitted through Gallatin County and has no effect on the City. He then noted if that application is submitted again, it will be in competition with the Museum of the Rockies application, if the City selects it. No one was present to speak in support of or in opposition to revision of the needs assessment. Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, 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 Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion authorize and direct the Planning Staff to update the needs assessment for the Community Development Block Grant program, in anticipation of submitting an application by the September 12, I 1986, deadline. 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. Public hearing - review of local CDBG applications for the 1986 application period This was the time and place set for the public hearing on the review of the local Community Development Block Grant applications for the 1986 application period. Mayor Mathre opened the public hearing. Senior Planner Mike Money stated that the Planning Staff's recommendation for the 1986 CDBG application is for $350,000 in neighborhood revitalization monies to continue rehabilitation efforts in the northeast sector. He indicated three key elements would be completed under this application (1) purchase of the Heritage Christian School, to be converted into child care facilities and possibly offices for social services, (2) replacement of the 1!-inch and H-inch galvanized steel water mains with 6-inch water mains, fire hydrants, and a looped system, and (3) rehabilitation of ten single-family units. The Senior Planner indicated that the boundaries of the target area would be redefined to eliminate those areas where no interest has been shown in the program and to include areas where interest has been shown. Senior Planner Money noted that the Heritage Christian School is located on North Ida Avenue, within the target area. The property is one acre in size; the building contains , approximately 2900 square feet; playground equipment has been installed on the site; and the I current asking price is $90,000. He noted that if this grant is approved, the City would be unable to pay more than the appraised value for the property. He noted that if the City does purchase the property, it would require renovation, after which the offices would be leased to social services that assist low- and moderate-income families and child care facilities would be leased for operation as a low- and moderate-income facility, possibly including subsidy. Commissioner Stiff asked if all of the monies would be available for roll-over except that portion used for installation of the water lines and for administration of the program. 07-21-86 309 The Senior Planner indicated that some of the rehabilitation monies might not be repaid if it is loaned on a deferred payment loan basis. He noted that if an individual rehabilitates a residence through a loan and then continues to own that residence for a period of eight years, the loan is forgiven. Commissioner Martel questioned why the City should purchase the Heritage Christian School site. I Senior Planner Money indicated that if the City owns the structure, it can ensure that its use meets the intent of the program. He also noted that if the City owns the facility, the grounds can be utilized as a park for that area on evenings and weekends. He further noted that leasing of the facility will generate more revenues for the program over the years than will selling to a private firm at a reasonable price. Commissioner Martel then indicated he has serious reservations about the City getting involved in a day care program. He then questioned the possibility of rehabilitating the facility into apartments. Senior Planner Money stated that he has discussed that possibility with several con- tractors; and they have indicated it is not functional for housing. He noted it would be possible to purchase the land and then sell the building to someone for relocation. He noted the acquisition cost plus providing the water and sewer services, paved parking area and land- scaping would cost approximately $135,000. He then noted the City could maintain ownership of the land for fifteen years, leasing it to a contractor for construction of low- and moderate- income units; then sell the land for $1.00 to the owner of the building at the end of fifteen years. He stated that the contractors indicated the cost would be $35.00 per square foot for construction because of the requirements of the Bacon-Davis Act, which would require a $300- per-month rental rate. The Senior Planner further noted that the existing housing market has caused a decrease in the rental rates, creating even more difficulty in constructing housing for a low renta I rate. Ms. Billie Warford, Early Childhood Development Center at MSU, briefly reviewed statistics I on the number of working mothers, including the percentages of low- and moderate-income. She then indicated that one in four children currently lives in poverty. Ms. Warford stated support for this proposal, noting that affordable child care is becoming increasingly important. Mr. Rick Freeman, member of the Housing Coalition, indicated the low- and moderate-income families in the community need affordable child care and adequate housing. He also indicated support for this proposal. Mrs. Jo Anne Peterson- Thun, member of the Housing Coalition, spoke in support of the proposed application, noting that adequate housing for low-income persons is important. Senior Planner Money indicated that the presentation of this application is now complete. He then stated that Mr. Mick Hager will present his application when the Commission returns to this item. B rea k - 8: 1 3 to 8: 23 p. m . Mayor Mathre declared a break from 8:13 p.m. to 8:23 p.m., in accordance with Commission policy.established at their regular meeting of March 14, 1983. Public discussion- sidewalk construction program for 1986 This was the time and place set for the public discussion on the proposed sidewalk con- struction program for 1986. Mayor Mathre opened the public discussion. City Manager Wysocki stated that the Commission has directed the staff to proceed with I development of a sidewalk assessment district in the area around West Koch Street, in accordance with the provisions of the State Statute; and the staff has done so. He noted that under this program, the Statutes allow for establishing the assessments on a schedule of up to twelve years for installation and replacement of curbs and gutters and sidewalks. He then noted that for a period of time, the City had divided the community into quarters, installing and repairing side- walks in one quarter each year; however, that program was discontinued several years ago due to budget constraints. 07-21-86 --- ---- 310 The City Manager then briefly reviewed the process which is followed in establishing a special assessment district, noting that the City sends a public notice of its intent to create the district to those who would be involved as well as advertising in the newspaper. A fter the district has been created, the City then solicits bids for construction; and the contractor then installs all sidewalks which have not been completed within thirty days after notice. He noted that an individual does have the option of having an independent contractor install the sidewalk, according to specifications which have been prepared by the consulting engineer. I City Manager Wysocki indicated that the City has received several comments and requests for variances to the standard method of installing sidewalks, such as placing the sidewalks adjacent to the street rather than 5i feet from the back of the curb, and possibly weaving around landscaping and other obstacles along the normal line. He noted the staff has responded to those suggestions, noting that having a sidewalk immediately adjacent to a street can create safety problems. He also noted that to have a sidewalk located in an abnormal line or abnormal distance from the curb could create liability problems, especially during the winter if the sidewalk has not been cleared. The City Manager further noted that the Pedestrian/Traffic Safety Committee has suggested that Koch Street be designated as a through street. He stated if that is done, the street will be plowed more often than some of the other streets; and there must be a snow storage area, which the boulevard would provide. City Manager Wysocki then indicated the possibility of not installing sidewalks along vacant property at this time has been raised. He noted that to provide for pedestrian circula- tion, sidewalks must be continuous, not broken up by vacant parcels. The City Manager indicated that to date, the consulting engineer has determined which parcels would be involved and the property owners. He then noted that several questions have been raised, so this meeting is being held to address those items. The City Manager then indi- cated that if an individual wishes to install his sidewalk through a private contractor, his proportionate costs of the engineering costs incurred will be charged at the time he receives the specifications for his parcel. I Commissioner Stiff asked about the possibility of installing sidewalks along one side of the street only. The City Manager indicated that placement of the sidewalk on one side is a determination for the Commission. He then stated there is no provision for assessment of the costs except to the adjacent property owner under the State Statute. He questioned the fairness of requiring an individual to install the sidewalk and then remove the snow from that sidewalk whil~ the person directly across the street is required to do neither. Mr. Mark Gunther, attorney representing Joe Kunda, indicated that Mr. Kunda's property is located in the R-O- T zone at the corner of South 19th Avenue and West Babcock Street. He indicated that Mr. Kunda is not opposed to the installation of sidewalks, but he would like to have the sidewalk located adjacent to the street, mainly because his large spruce trees would need to be trimmed up high or removed if the sidewalk were placed st feet from the back of the curb. He also noted that the sidewalk along the Mini-Mart, located directly across the street, is adjacent to the street. Mr. Jim Placek indicated that he owns 370 feet of frontage along West Koch Street which is currently undeveloped and unplatted; and the adjacent owner has 406 feet of undeveloped and unplatted property. He stated that to require the installation of sidewalks at this time would create a financial burden which should not be imposed for at least three to five years. He also noted that if the sidewalks are installed at this time, when the properties are developed, the sidewalks will be destroyed and require replacing. Mr. Roy Wiegand, 625 South 19th Avenue, stated that his property fronts on South 19th I Avenue and South 20th Avenue, as well as West Dickerson Street; and this district would require installation of 1076 feet of sidewalk. He then indicated that the lot fronting on South 20th Avenue is only 15 feet deep and 316 feet long. He expressed concern that creation of a special assessment district will create another IIValley Unitll situation; stating that if the district is created, he will let his assessments go delinquent and let the City have the lot fronting on South 20th Avenue. Mr. Wiegand further noted that the district would require installation of sidewalks along the east side of South 23rd Avenue, but it would not require sidewalks along 07-21-86 311 the west side, where all the mobile homes and pedestrians are located. He then indicated that he is definitely opposed to the district, stating that he feels areas already developed, such as Figgins Addition and Westridge Addition, should be required to install sidewalks before areas such as this. Mrs. Winnie Steel stated that she owns both developed and undeveloped lots fronting on South 15th Avenue. She noted that if sidewalks are installed, the currently developed lots will I not be able to use their garages, since they are located close to the property line. She also stated that if sidewalks are installed along the undeveloped lots, they will be destroyed when construction begins. Mrs. Steel further indicated that installation of sidewalks at this time, will create a financial burden at a time of high taxes and increased water costs. Mr. Corbin Ross stated he owns a small lot behind University Square Shopping Center which he hopes to develop at some time in the future. He stated that he paid over $2,600 in SID's and $800 in taxes last year; and to add another $3,800 for sidewalks would create a financial burden. He stated he is not opposed to installing sidewalks when the lot is developed, but he does not support it at this time. Mr. Don Corcoran, 1415 West Koch Street, indicated that he is not in opposition to the installation of sidewalks. He then presented to the Commission pictures of the 300-foot hedge which he planted in 1953, prior to the installation of South 15th Avenue. He indicated that the hedge is located about one foot onto the area where the sidewalk should be located and requested that the Commission allow him to install his portion of the sidewalk along that side adjacent to the curb, rather than in the standard location. Mr. Chris Brookhauser, resident at the corner of South 23rd Avenue and West College Street, indicated that he owns 300 feet along South 23rd Avenue. He noted the sidewalk would be installed along South 23rd at this time, questioning when the sidewalk along West College Street would be installed. He also indicated that ditches run along both South 23rd Avenue and West College Street, which could create construction and liability problems. He also indicated there is a substantial amount of undeveloped land along South 23rd Avenue. I Mr. Larry Witt stated he owns a four-plex along South 15th Avenue; and he manages a number of apartment units along that street as well. He noted there are sidewalks between West Koch and West College Streets along the east side of that street; and he does not feel it is necessary to install sidewalks along the west side at this time, particularly because of all the vacant lots which exist. He then questioned why the program is being started this year, when taxes are up, water costs are up, and rents are down. Mr. Michael Ellerd, 1611 West Koch Street, noted that the owners of undeveloped land in the area have expressed concern and opposition to the installation of sidewalks, but he feels an element of obligation is involved. Mr. Ellerd indicated that he feels that where high pedestrian traffic or the potential for high traffic exists, sidewalks should be required. He noted the subject area has the University and shopping centers, which usually generate a large number of pedestrians. Mr. Ken LeClair indicated that he is currently developing the Southbrook PUD on South 23rd; and he is installing the sidewalks with each phase, as is provided in an agreement with the City. He stated he would like to follow that original timetable rather than being required to install all of the sidewalks at once. Mr. LeClair also noted he is in the process of develop- ing the Cedar Winds PUD and would like to follow the phasing for that project as well. Ms. Mary Pace indicated that she lives in the condominium project being constructed by Ken LeClair. She stated that she would like to see sidewalks constructed so that those who wish may travel by foot from one part of the community to another without walking in the street or across someone's lawn. I Mrs. Katherine Conser, 1216 West Babcock Street, asked if additional right-of-way will be required for construction of the sidewalks. The City Manager indicated that her property is not located within the proposed district. Mr. David Osterman indicated that he owns the property at the corner of South 19th Avenue and West Olive Street as well as some property along South 20th Avenue. He reminded the Commis- sion that he has attempted to get the property along South 19th Avenue rezoned for commercial development for the past ten years because the area is not suitable for residential use; however, he has not been successful, and the land is still vacant. Mr. Osterman expressed opposition to 07-21-86 312 the sidewalk district, noting that the installation of sidewalks will be costly, particularly if he does not participate in the assessment district; and he would then be required to remove the snow from those sidewalks, which would create a nuisance and a hardship, as well as possibly resulting in fines for failure to comply with the ordinance. Mr. Burt Moe indicated he owns property at the corner of South 15th Avenue and West Babcock Street. He noted if the sidewalk is constructed along South 15th Avenue, it will run between West Babcock Street and West College Street, neither of which have sidewalks. He also inquired as to who asked to have these proposed sidewalks installed, indicating that he does I not believe sidewalks are needed. Mayor Mathre stated that people who walk to the University Square Shopping Center re- quested that sidewalks be installed. She indicated that the Commission suggested that an area-wide district, including West Koch Street, be developed, rather than requiring sidewalks on one street only. Mrs. Steel noted that she has paid the special assessments on her lots for several years; and the taxpayers are now being assessed for delinquent Valley Unit assessments. She then asked if it is in the City's best interests to restore the sidewalk program in an area with substantial undeveloped land, rather than in an area that is basically developed. Mrs. Conwell, 210 South 16th Avenue, noted there is quite an embankment in front of her residence and asked if it will be left in good condition and whether a retaining wall would be installed. Mayor Mathre asked when this item will be placed on the agenda for Commission discussion. The City Manager indicated that several questions have been raised which should be addressed if the Commission feels it may proceed with the program. He then noted if the Commission does not intend to proceed, he does not feel the staff should be required to spend time trying to get the answers to the questions. Mayor Mathre closed the public discussion. She then requested that this item be placed on next week's agenda for a decision on whether the Commission wishes to proceed with the side- walk program. I B rea k - 9: 26 to 9: 35 p. m . Mayor Mathre declared a break from 9:26 p.m. to 9:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - review of local CDBG applications for the 1986 application period Mr. Mick Hager, Director of the Museum of the Rockies, presented the second proposed application for the 1986 CDSG application period, noting that the application is for a $250,000 grant from economic development monies. He indicated that tomorrow morning the Museum will break ground on a $6.5 million addition, which will more than triple the space available. He noted the new facility will house a planetarium, the only one in Montana and the only major public facility in a three-state region. The facility will also contain a geology exhibit, a dinosaur hall, an archeology hall, an ethnic exhibit, a historic hall and a photography gallery. He noted that a contemporary Indian art gallery will be included as well. The facility will also have a gallery which can house national traveling exhibits, a contemporary art gallery for local and regional artists and an auditorium and workshop area. The new addition will be 65,000 square feet, with the total facility being 94,000 square feet when completed. Mr. Hager indicated the Museum will also have a 10-acre historic interpretive park, with several old buildings to be relocated there and restored. The addition is to be completed and ready to use by 1989. Mr. Hager stated that the Museum has raised $4.5 million in private monies for construc- tion of the project, but it does not have all of those monies in hand. He noted that current I funding will be provided through $6.5 million in bonds floated as a loan by Montana State University; and those monies plus interest must be repaid. He then indicated that the Museum also needs to raise another $3 million to cover the costs of equipment for the planetarium and the exhibits. Mick Hager indicated that within three years the facility will be fully operational, employing 28 full-time employees, at least 10 of which will be low- and moderate-income positions. He noted the Museum currently has 12 full-time employees, half of which could fall 07-21-86 313 into the low- and moderate-income guidelines. He further noted that the number of part-time positions will increase from 10 to 20; and they will add 10 seasonal employees. Mr. Hager stated that construction will begin on the facility in August, which will also add jobs in the community. He also noted that, through tourism, jobs will be added indirectly. He stated during the past year, the Museum recorded 72,000 visitors. The number is projected to increase to 100,000 visitors per year upon completion; and they anticipate up to 200,000 or I 250,000 visitors within two or three years. Mick Hager indicated that if the Commission selects this project as the application, Mr. Rob Gilmore and Associates will write the application; and he has been very successful in getting the applications funded that he has written in Montana. He further indicated that the project has received favorable comments from the Department of Administration and has the support of the Chamber of Commerce, the Gallatin Development Corporation, the Downtown Bozeman Association, the Hotel/Motel Association and the Bozeman I nformation and Visitors Bureau. Mr. Hager indicated this application is for a $250,000 grant, not a loan. He noted that, because of the amount of private monies leveraged for the project, that point should create no problem for the appl ication. Mick Hager then encouraged the Commission to consider this application favorably. He noted that economic development monies are available in January of each year if not all of the monies have been expended as a result of the September application period; however, there are not always monies available. Mr. Hager further noted' that community and state support would help in soliciting additional funds from other organizations and areas around the nation. Commissioner Stiff noted that a $250,000 grant seems small when compared to a $9.5 million project. He then asked if the grant would really benefit the Museum. Mick Hager noted that he must raise $1 million for the planetarium equipment within the next one and one-half years; and the grant would help immensely in that endeavor. He further noted that foundations and other fund drive sources would look more favorably on the project if local support could be shown. Mr. Hager then stated that this grant is definitely pivotal in I getting the planetarium equipment funded and installed prior to opening of the new addition. City Manager Wysocki reminded the Commission that the theory behind UDAG funding is to give the project the necessary edge to work; and funding of this project through CDBG monies could work on much the same theory, as well as showing community and state support. Senior Planner Mike Money presented to the Commission a letter of support submitted by the Gallatin Development Corporation, since their representative was unable to attend this meeting. The letter indicated that the Corporation places a high priority on economic development activities in the community and the creation of additional jobs. Ms. Daria Joyner, Executive Vice-President of the Chamber of Commerce, noted that tourism is one of the few areas of growth during the past years. She noted that most of the tourists travel through Bozeman, spending only one night; and the Chamber is developing a program to promote Bozeman as a destination. She stated that expansion of the Museum, as described by Mick Hager, wi II be an integral part of that promotion. Ms. Joyner further stated that an increase in the number of jobs in the Bozeman area is a must before other areas of economic development can be developed. Ms. Ruthmary Tonn, representative of the Hotel/Motel Association, stated their goal is to get tourists to consider Bozeman a destination rather than an overnight stay, which will also help to stabilize the area's economy. She also noted that many of the jobs available in businesses affected by increased tourism do not require formal training, and would provide a greater job market for the low- and moderate-income persons. Ms. Tonn stated she feels the planetarium would be a great asset to the community, attracting a large number of tourists as I well as providing an opportunity not now available to everyone living in this area. Ms. Kathy Dawkins, President of the Downtown Bozeman Association, stated the Museum of the Rockies is a positive force in Bozeman, whose work is done carefully and professionally. She noted that the state and the region will benefit from this facility; and it will benefit the chi Idren in the state. Ms. Bea Taylor, President of the Board of Trustees for the Museum, noted that the importance of a $250,000 grant in this project has been questioned. She stated when an individual solicits funding for the Museum, one of the questions is about the base of support 07-21-86 3ILt which the Museum has received. She stated if community support can be shown through support of the application, even if it is not accepted at the state level, It will be very. helpful in raising additional monies. Ms. Taylor noted that expansion of the Museum will provide additional jobs in the area. She also noted it will provide for enrichment of children, particularly from low- , and moderate-income families who cannot afford to travel around the country to see similar facilities. Ms. Jo Anne Peterson- Thun stated she definitely wants to see additional low- and I moderate-income jobs created. She then asked if those jobs will remain low- and moderate- income positions and whether they will be permanent. Mr. Mick Hager, Director of the Museum, stated that the application will include a list of personnel needs of the new faci Iity by position. He then indicated that applicants for the new positions designated as low- and moderate-income will be screened for income levels and job qualifications through the Human Resources Development Council, as well any replacements within those positions. He noted they are currently providing the same service for the King Tool Company, which just received an economic development grant. Commissioner Jordan asked if there is any stipulation that the Museum must hire an individual who has passed the H RDC screening. Senior Planner Mike Money stated that if the application indicates. that ten jobs will be filled from low- and moderate-income families, that is what will happen. He noted that a successful grant becomes a contract between the City and the State; and that is one of the provisions of contract which must be met. Commissioner Stiff asked Senior Planner Money if there are any assurances that the City will expend 90 percent of its current grant monies prior to the application date. He also asked if additional personnel would be helpful in attaining that goal. The Senior Planner stated he is not sure that additional manpower is the key at this point in time, although it would have been helpful six months ago. He noted at this point, the staff must qualify the existing applicants for the program, then complete the bidding process and paperwork for the rehabilitation project. He also noted the staff has received authorization I to go outside the target area on a very limited basis, and he will seek authorization for three more units. The Senior Planner then noted that response to the program has been slow in coming, and this is the first time during the program that the staff has had more than two or three applications to consider at one time. Senior Planner Money then gave a brief history on the CDBG application process in Bozeman. He noted that In 1981, the Planning Staff was instructed to develop an application for renovation of Mystic Dam. He stated at that time, they had to go into the neighborhoods in an effort to get people to participate, making it very difficult to develop a needs assessment. He noted that interest and participation has slowly increased over the years; and the Commission must now determine which of two applications it will choose to submit for state-wide competition. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week, immediately following the decision on the needs assessment. Adjournment - 10:36 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 Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission 07-21-86