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HomeMy WebLinkAbout1986-08-04 337 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 4, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 4, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, 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. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes - special meeting of July 26, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the special meeting of July 26, 1986, be approved as submitted. 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. Minutes - regular meeting of July 28, 1986 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes of the regular meeting of July 28, 1986, be approved as amended. 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. Award bid - two garbage trucks This was the time and place set to award the bid for two garbage trucks. I City Manager Wysocki submitted to the Commission a memo from Director of Public Service Dick Holmes, providing an analysis of the bids received for the garbage trucks. He then con- curred in the recommendations contained in that memo, to award Schedule I to M and W GMC, Inc., in the amount of $70,166 and Schedule II to H-C-L Equipment, Inc., in the amount of $43,880. He noted those are not the lowest bids received; however, they are the lowest ones which meet the specifications contained in the bid documents. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission award the bid for Schedule I, cab and chassis for two garbage trucks, to M and W GMC, Inc., Bozeman, Montana, in the bid amount of $70,166; and the bid for Schedule II, garbage packers for two garbage trucks, to H-C-L Equipment, Inc., Billings, Montana, in the net bid amount of $43,880, those being the best bids received. 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. Staff recommendation re 1986 sidewalk program City Manager Wysocki submitted to the Commission a memo from Engineering Officer Mann to Director of Public Service Holmes providing two options for the 1986 sidewalk program. He noted that maps outlining the two options have been provided for Commission consideration. He indicated these options attempt to address the intent expressed by the Commission at last week's meeting. The City Manager then submitted to the Commission a letter from LeClair Construction I indicating that the Conditional Use Permit under which the Cedar Winds PUD is being constructed requires sidewalks along only one side of South 17th Avenue, and requesting that the Conditional Use Permit provisions be retained. Commissioner Vant Hull noted that the proposal submitted by the staff shows sidewalk along both sides of South 17th Avenue. The City Manager indicated that the proposal reflects the City's current sidewalk policy, which has not been officially changed to allow construction along only one side of the street. The Commissioners reviewed the two options submitted by the staff, selecting Option No. 2 as the best, with the stipulation that all remaining sidewalks within the entire district 08-04-86 ----~-~~'-'_.,_.__._~.,._.... .__._~ 338 boundary be installed within the next three years. Mayor Mathre expressed concern about requiring that sidewalks be installed along vacant lots at this time as well as concern about treating undeveloped lots differently. City Attorney Crumbaker-Smith indicated she sees no problem in treating undeveloped lots differently as long as the reasons are stipulated. She noted that two of the subject lots are yard extensions of existing developed lots. The Commissioners then reviewed the numbers of the vacant lots within the smaller district in which sidewalks are to be constructed at this time, concurring that Lot Nos. 46, 47, 55, 57, I 67, 87, 178 and 190 not be required to install sidewalks at this time; but that Lot Nos. 8 and 176 be required to install sidewalks since they are yard extensions for existing homes. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the staff to proceed with creation of the district for the 1986 sidewalk construction program, including all of the initially proposed area, generally bounded by West Babcock Street, South 15th Avenue, West College Street and South .23rd Avenue, with engineering costs to be assessed against each of the lots involved; that construction of sidewalks be re- quired at this time in the smaller area selected, generally bounded by West Babcock Street, South 15th Avenue, West Koch Street and South 23rd Avenue, except for Lot Nos. 46, 47, 55, 57, 67, 87, 178 and 190; and that all other sidewalks within the entire district must be installed within three years. 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. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize and direct the staff to submit notice to all property owners within the entire district indicating that the district has been created; that all sidewalks must be installed within three years; that those not required to install sidewalks at this time may opt to become part of this year's program if they so desire, cautioning them that the project must be completed within three years; and encouraging those with encroachments on the public right-of-way to move those encroachments as soon as possible so they create no problems at the time of construction. The I 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. Commissioner Vant Hull then asked if the Commission should recommend to the staff that small variances be considered, such as the hedge along South 15th Avenue, as well as other mature vegetation located in the public right-of-way. The Commission concurred that each situation could be considered on an individual basis, recognizing that the City's sidewalk standards must be maintained. Graf III to place arkland exchan e in Graf's or a portion of City Manager Wysocki stated that Mr. Gene Graf III has requested that a parkland ex- change in Graf1s Fourth Addition be placed on the ballot for the November 1986 election. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., indicated that the firm has prepared survey exhibits showing the areas to be exchanged. He noted that under the proposed land trade, a strip for the Sourdough Trail would become dedicated parkland; and a strip would be eliminated along the west side and the north end of the existing Graf Park. He stated that Mr. Eugene Graf, Jr., had entered into an easement for a specified period for the Sourdough Trai I as it traverses through the property; however, that easement has expired. The proposed land exchange would trade 4i acres of existing parkland for H acres along Sour- dough Trail and credit for an additional two acres of required parkland for future subdivisions. I Mayor Mathre asked how much of the Sourdough Trail area is currently dedicated. Commissioner Vant Hull asked how much of the land along the east side of the proposed land exchange is suitable for development. Mr. Gene Graf III stated that the width of that stri p is currently 200 feet; and the parkland exchange would make that strip 300 feet wide. He noted at the present time, houses could be placed on one side only of a street; and if the land exchange is made, houses could be constructed along both sides of the street. 08-04-86 339 Mr. Graf indicated that he has requested a land exchange to provide a dedicated public right-of-way for the Sourdough Trail because of the liability problems in having people traverse through privately owned land. He noted that his insurance agent has suggested that he cannot allow that trail to remain open through his property and retain liability insurance coverage on that parcel. Commissioner Vant Hull noted that the Commission does not make the decision on the re- quested land trade, but rather it is up to the voters. She stated it is important that the I people see the City is getting something of va lue, and not just the developer. Mr. Graf indicated that he has sold a portion of the land in that immediate area, with one of the provisions of that sale being that a 15-foot strip be dedicated for the Sourdough Trail from the northern edge of the park to Graf Street, then along Graf Street to the existing Sourdough Trail. He noted that provides a slight relocation of the trail through the area which would later be developed. Mr. Graf then noted that the current park is apprOXimately 141 acres in size; and if 2} acres are exchanged for the trail right-of-way, the park will still be well over 10 acres in size. He noted that the park includes parkland dedication for a portion of the Allison Annexation; and the City later decided it did not wish to increase the size of that park through further land dedications. Commissioner Jordan asked if the community will lose a portion of the Sourdough Trail if the land exchange is not approved. Mr. Graf stated he does not know for sure; but that is a possibility. He noted that the stream running through the privately owned land will probably become an amenity to the sub- division; but the trail probably will not. He noted there are alternatives for the trail; but to guarantee its remaining as a trail would be most appropriately done through a parkland dedication. City Manager Wysocki noted the 35-foot streambank setback will be required through the subdivision. However, that area wi II probably become open space for the development or a portion of someone1s yard area; and the public would probably not be allowed to traverse through that area. Commissioner Stiff noted that the City has accumulated a cash balance in the Parkland I Trust Fund and asked about the possibility of using some of those monies to purchase parkland for the Sourdough Trail, rather than considering a land exchange. Mr. Graf indicated that would be a possibility, noting that he does not know the value of that land at this time. Mrs. Chris Rogers, 2910 Colter Avenue, read a letter of opposition to the Commission as written by her husband. She indicated that the 14-acre park needs to be preserved, noting that new subdivisions in the area will create additional pressures on the parkland. The letter also indicates concern that the Sourdough Trail will eventually change from its present concept of a nature trail into a jogging track through subdivisions. Mr. Rogers' letter also expressed concern that the land trade would allow additional development in the lower area, thus requiring a north/south road through the park area and ruining its aesthetic beauty. He then questioned why the City should subsidize a golf course subdivision by an equal land trade, noting that the land near the golf course is much more valuable for development. Mr. Rogers' final point in the letter addressed the fact that property owners along the streets in that area had purchased their residences with the expectation that the parkland would remain intact, providing a green- belt free from development; and the proposed land trade would eliminate a portion of that green- belt. Mr. Harold Warfield, 3014 Colter Avenue, stated the residents on the ridge purchased their homes with the expectation of having the deeded park remain as such. He noted there are fishing, snowmobiling and horseback riding in the park on a regular basis. Ms. Marietta Parkinson, 105 Graf Street, noted a lot of people fish and watch birds and I wildlife in the park. She stated the City should protect this unique area of the community; and the City should pursue other ways of securing the Sourdough Trail as well as additional green- belts in this segment of the community. She further noted this is the only park in the commu- nity with no road access; and it should be preserved. Mr. Gerald Westesen, 115 Graf Street, indicated he would like to see stakes around the subject parcels so people can see what is actually being considered. He indicated he would also like additional information on where a north/south street would be constructed and whether it 08-04-86 340 wi II connect to Graf Street, to Kagy Bou levard or both. Mr. Westesen stated he feels the trail is important; and he would like to see Graf Park and the Sourdough Trail remain as they presently are. Planning Director Steve Lere indicated that Westridge Meadows has been developed to the north of the subject site; and the road through that development is a private road with no per- manent access to the south. He noted an emergency access with a breakaway chain has been required to the south; and a similar requirement would probably be placed on any development I along Graf Park. Commissioner Martel asked if Graf Street may be extended to Sourdough Road at some time in the future. Planning Director Lere indicated that it might be possible to extend Graf Street to the east in the future. He noted that a road could be extended south to Goldenstein Lane at some time if that is determined more feasible. Ms. Barbara Lyons, 205 Graf Street, noted she has enjoyed the Sourdough Trail, but she supports maintaining the width of the park more. She noted they have used the area for training hunting dogs. Ms. Lyons also expressed concern about the safety of children living along Graf Street if the area around Graf Park is developed. She indicated a desi re to dis- courage additional development in the area, noting she does not wish to look at roofs of housing developments down below. Mr. Don Weaver, Chairman of the Rotary Club Sourdough Trail Committee, noted he has been interested in that project for several years. He noted the City had a five-year easement to the portion of Sourdough Trai I under discussion; and that easement was entered into in 1977. He stated at that time, Mr. Eugene Graf, Jr., indicated a willingness to discuss a permanent provision for the trail, possibly through park dedication. Mr. Weaver then gave a brief history of the Sourdough Trail, noting that the trail starts at Church Avenue, following the Milwaukee Railroad right-of-way to Willson Avenue, through Langohr Park, along Kagy Boulevard and Fairway Drive, then through Graf's property and through Gardiner Park Subdivision to Goldenstein Lane. He noted this is a major recreational facility I for many people; and it has very low maintenance, costing the City nothing. Mr. Weaver noted that there are various ways to acquire the right-of-way, noting the land could be purchased or parkland dedication could be considered. Mr. Weaver noted people have expressed concern about development below the bank; however, that property is privately owned and the land exchange will only make the difference of whether one or two rows of roofs will be visible. Don Weaver then suggested that if Mr. Graf wishes to acquire the land trade, he consider the proposed land exchange only, not seeking any credit for the additional two acres which would be dedicated through this process. He encouraged the Commission to place this item before the voters. Mrs. Lynell (Bill) Martel, 2516 Spring Creek Drive, indicated they purchased their home knowing that the park was dedicated. She also questioned if developed parks could be in jeopardy if land exchanges are allowed. She then indicated she wants everyone in the community to realize that their parks could also be involved in proposed land exchanges in the future. Mr. Ernie Griffanti, 2904 Colter Avenue, asked if the sale of the privately owned property is contingent upon the parkland exchange. Mr. Graf indicated it is not, noting that land has been sold and the individual apparently plans to develop the property. Mr. Dave Cameron, 111 Circle Drive, stated he is an intensive user of the trai I and an admirer of the park. He suggested that the City pursue alternatives to maintain the trail, noting that the proposed parkland exchange would be a high price to pay although it may be the only alternative. Commissioner Vant Hull asked if the City-County Planning Board and the Recreation I Advisory Board have reviewed the proposed land exchange. Mr. Gene Graf stated that the Planning staff has reviewed the proposal; but the Boards have not reviewed the matter. Commissioner Jordan indicated a desire to view the site, seeing what the proposed land trade would entail. City Manager Wysocki stated the staff could pursue that issue, letting the Commissioners know when the tour wi II be given. He then recommended that the Commission direct the staff 08-04-86 -- ------ _.~--~ 341 to prepare a Resolution to place this land exchange on the ballot, determining at next week's meeting whether it wishes to adopt the Resolution when the final proposal has been submitted. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission not put the proposed parkland exchange in Graf's Fourth Addition on the ballot. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff and Commis- sioner Martel; those voting No being Commissioner Jordan, Commissioner Vant Hull and Mayor I Mathre. Commissioner Stiff indicated he feels the rights of the adjacent property owners must be considered, noting that any park in the City could become the subject of a proposed land ex- change. The Commissioner stated he feels other alternatives are available; and not placing this issue on the ballot will save taxpayers' money. Commissioner Jordan noted the State Statute provides a mechanism for parkland exchange. He further noted that developed parks in older areas of the community are different from this situation, where additional development wi II probably occur in the near future, with additional parkland being dedicated through the process. He then stated the entire community must be considered, not just one area. Commissioner Martel stated he feels the matter should be placed on the ballot. He noted the privately owned land will not remain in its current state; and the City cannot preserve it in its pristine nature. The Commissioner indicated that the Sourdough Trail provides an extended linear park which covers much of the southern sector of the community. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Com- mission authorize and direct the staff to prepare a Resolution to place the proposed parkland exchange in Graf's Fourth Addition on the ballot and that it be brought back next week for consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Stiff. I Break - 3:55 to 4:05 p.m. Mayor Mathre declared a break from 3:55 p.m. to 4:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. parkland exchan e in Thompson's City Manager Wysocki submitted to the Commission a drawing which indicates the two parcels under consideration in the proposed parkland exchange. Mr. Clair Daines, 105 Silverwood Drive, indicated he is one of several individuals with an ownership interest in the parcel designated as Tract 1, which fronts on South Wi IIson Avenue, just north of the Kwik-Way store. He stated that both this tract and Tract 2, which is a portion of Langohr Park, contain approximately 34,900 square feet. He noted that Tract 1 was originally zoned B-1, but was later changed to R-2 since it fronts on South Willson Avenue, which is a residential area. He noted that two proposals for development have been denied because of neighborhood protest. Mr. Daines indicated that one of the area's residents has approached him about the possibility of a land exchange with the adjacent park to the north, noting that the bulk of that tract is a natural quaking aspen grove with many natural amenities which currently require no maintenance. He noted that to seed a small portion of the area along South Willson Avenue would enhance that area while requiring little maintenance and would alleviate problems with potential development of the site. Mr. Daines noted the subject tract would be exchanged for a portion of the existing I Langohr Park, located in the southeast corner of the park and fronting along South Tracy Avenue. He indicated that parcel abuts the area which is currently zoned B-1. Commissioner Vant Hull asked Mr. Daines if he wi II seek rezoning to B-1 if the land ex- change is approved. Mr. Daines stated he has not thought about it, although that is a possi- bility. He further indicated he would be satisfied with an R-3 zone, which would be compatible with the zoning immediately to the east. City Manager Wysocki stated that Director of Public Service Holmes has registered concern about the proposed exchange because of maintenance that would be required, noting that Langohr 08-04-86 342 Park is not currently maintained. Planning Director Lere stated that either B-1 or R-3 zoning would be logical for Tract 2, noting that the Master Plan reflects a need for additional neighborhood commercial land in that general area of the community. Commissioner Vant Hull noted that substantially more of Tract 2 appears to be buildable than Tract 1, indicating that she feels the City should not be asked to provide the same square footage in the trade. I The City Manager indicated that the proposal before the Commission is the one which has been prepared by Mr. Daines; and the City staff has not submitted any input. The Commission Indicated an Interest in having the City staff work with Mr. Daines in reviewing the proposed land trade. The City Manager cautioned them that if this item is to be placed on the ballot in November, the City is faced with time constraints which do not afford time for negotiations. Commissioner Vant Hull asked If the City-County Planning Board and the Recreation Advisory Board have had an opportunity to review this proposed parkland exchange. Planning Director Lere indicated they have not, but the Planning Board could consider it at their meeting to be held on Thursday, August 14. Commissioner Martel noted that the land trade could provide beneficial public use of one parcel while providing buildable area for the developer on the other tract. He then noted that the trade would eliminate neighborhood concern about development along South Willson Avenue; and any development on Tract 2 would need to go through the proper zoning and approval proce- dures, which would protect the residents along South Tracy Avenue. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission authorize and direct the staff to prepare a Resolution to place the proposed parkland exchange in Thompson's Fourth Addition on the ballot and that it be brought back next week for considera- tion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Commission Resolution No. 2617 - revisions to the annexation policy I City Manager Wysocki presented Commission Resolution No. 2617, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2617 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING AND RE-ESTABLlSHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPERCEDING COMMISSION RESOLUTION NO. 2532. City Manager Wysocki submitted to the Commission a memo from City Attorney Crumbaker- Smith listing the changes which have been made in this Resolution. The City Manager indicated that the staff has submitted this proposed revision to address some of the concerns and un- addressed items which have risen through use of the Resolution. The City Attorney reviewed the changes which have been made in the annexation policy, noting that no changes have been made to Section 1, which lists the eight goals to be con- sidered. She then indicated that under Section 2, which I ists the policies, there are several proposed changes. She stated that Paragraph 3 is a new item, which requires that a City zoning designation request be submitted once an annexation request has received prel iminary approval. She noted this will eliminate the problem of annexing a parcel while retaining an incompatible zoning designation. The Commission concurred with the proposed revision. The City Attorney indicated the next change was in Paragraph 5, which has been revised to address situations in which the area for which annexation is requested is to be used as a I church site. She noted under this change, the required water rights or the cash in lieu for the area to be used for a church only will be based on the R-1 zoning designation. She stated that any additions to the church, such as parsonage, social hall, day care facilities or other related activities, would not be considered a part of the church. The City Manager stated the staff has submitted this proposed change because the water usage in a church is very small. He further noted that churches are allowed in several zones; and, this proposal would assure that all requests of this nature are treated the same. He stated this item also requires that if the use changes from that of a church at any time in the 08-04-86 343 future, the present owner will be required to provide any additional water rights or payment in lieu as a result of the change. Following discussion the Commission concurred with the proposed revision. City Attorney Crumbaker-Smith stated the former Paragraph 5, which required that an appropriate fee be assessed based on the average annual demands placed on the Water and Waste Water Treatment Plants, has been deleted since a formula has not been established thus far. I The Commissioners indicated an interest in retaining that paragraph, noting that to retain it will help to keep it on the record. The City Attorney then indicated that Paragraph 6 has been revised because the City staff has not received sufficient information to determine fiscal impacts; and determining those impacts requires a substantial amount of time. She noted that this revision will solicit in- formation which will be useful in reviewing the application. The Commission discussed this item and concurred that the original language should be retained. City Attorney Crumbaker-Smith indicated that Paragraph 7, requiring staff analysis of the fiscal impacts of the requested annexation, has been eliminated because it is not being done and would be difficult to do. Following discussion, the Commission concurred that this item should also remain so that it can be implemented in the future. Planning Director Steve Lere noted that review of annexation requests is the most diffi- cult item which the Planning Staff performs. He stated that at the present time, the fees for subdivision review and zoning items cover approximately one-third of the costs; but it would not be possible to charge proportionate fees for annexation review. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion adopt Commission Resolution No. 2617, revising the annexation policy, with the provision that Paragraph Nos. 5, 6 and 7 remain as they are in Commission Resolution No. 2532. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. I - Gallatin Valley Softball City Manager Wysocki stated that Mr. Gary Mitchell has requested permission to address the Commission concerning funding for the improvements to the Recreation Complex. Mr. Gary Mitchell stated the Softball Association has begun the process of constructing improvements at the Recreation Complex; and he is currently working with the Planning Director on plans for the paved parking lot. Mr. Mitchell indicated they hope to have one new field ready for play next spring, with the second one being ready later in the summer and the parking lot being functional before construction begins on the second field. Gary Mitchell indicated that he has received four to five quotes for each of the work activities; but no firm bids have been received or awarded. He noted the projected cost of these improvements is around $100,000, with many of the softball players indicating a willingness to do improvements for the cost of materials, absorbing their own labor costs. Mr. Mitchell stated that the Gallatin Valley Softball Association is willing to pay the entire cost if necessary, noting they may need to borrow money to fund it if no help is received from other sources. He then reminded the Commission that the improvements are being made on City property; and they wi II be donated to the City upon completion. Mr. Mitchell then requested that the City appropriate funds for one-third of the improvements. He noted that he has sub- mitted the same request to the County Commission; and they will make a decision on that request at their meeting to be held tomorrow. He stated the Recreation Advisory Board has reviewed I this request and submitted a recommendation that the City appropriate monies to cover one-third of the costs, to be paid from the Parkland Trust Fund. Commissioner Jordan asked if City participation in the funding would then invoke the requirements for bonding and the formal bidding procedure. He noted if that would happen, it may be best for the City to not participate in the project because of the increased costs and the time lag that would be involved. City Attorney Crumbaker-Smith stated that use of City funds in the project could raise a question. 08-04-86 3~4 Commissioner Vant Hull asked if increased fees for out-of-city players has been discussed, particularly if the County does not contribute to upgrading of the facility. Gary Mitchell indicated that the Board is currently considering that possibility. He noted that approximately 40 percent of the 1500 softball players live outside the Bozeman city limits. Mayor Mathre asked for a staff recommendation. The City Manager suggested that the Commission indicate an interest in seeing the project completed, but not commit any funds at I this time. Commissioner Stiff indicated he feels any support from the City should be contingent upon County support as well. Commissioner Martel suggested that the Commission encourage the Softball Association to proceed, but not authorize any funding. Mrs. Gloria Zimmer, President of the Bozeman Youth Soccer League, submitted to the Commission a letter of support for the Softball Association's plan for expansion, noting it will benefit the soccer program as well, if the expansion is done properly. She requested that the expansion provide areas for two soccer fields at least 80 yards by 100 yards and that the soccer league be given unlimited use of the complex for practice and games during their season. Mrs. Zimmer indicated that the soccer league has between 600 and 700 players; and 50 percent of those live outside the city limits. Commissioner Vant Hull asked if the fees for out-of-city players will be higher than for those inside the city limits. Mrs. Zimmer indicated that possibility has been considered, noting that they wish to keep the fees as low as possible for the children. Mr. Ted Koterwas, member of the Recreation Advisory Board, indicated that the Board is interested in efficient use of the Recreation Complex. He noted the County has begun dis- cussing plans for a sports complex in the county, but that will not become a reality for several years. He noted that expansion of the Recreation Complex will benefit not only the softball and soccer programs but the entire community. Mr. Koterwas then indicated he feels that Parkland Trust Fund monies could be appropriately used for this project since the entire community would I benefit, rather than just a sector. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize the expenditure of up to $30,000 from Parkland Trust Fund monies for expansion of the Recreation Complex, as proposed by the Gallatin Valley Softball Association, contingent upon the County contributing a like amount. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Mathre; those voting No, none. Recess - 5:55 p.m. Mayor Mathre declared a recess at 5:55 p.m., to reconvene at 7:00 p'~m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene at 7: 00 p. m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearinPc - Conditional Use Permit - Donald K. Weaver - allow construction of a 4064-square- oot office bui Iding on Lot 6, Westridge Meadows #3 ( 1900 block of Fairway Drive) This was the time and place set for the public hearing on the Conditional Use Permit requested by Donald K. Weaver to allow construction of a 4064-square-foot office building on Lot 6 of Westridge Meadows No.3. This site is more commonly known as being located in the I 1900 block of Fairway Drive. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject site is 0.68 acres in size and is located at the southwest corner of the intersection of Kagy Boulevard and Fairway Drive. He noted the site is located south of the Westridge Meadows Planned Unit Development; and is not a part of that master plan or the covenants for that project. The Assistant Planner indicated that the applicant wishes to construct a two-story office 08-04-86 345 building containing 4064 square feet. He noted the building is to be wood frame with stucco and cedar siding and an asphalt shingle roof, similar to those located just across Fairway Drive in the office complex area. He stated that 13.8 off-street parking spaces are required; and the applicant has proposed 16. Assistant Planner Skelton stated the subject "T" area contains five general criteria to be addressed. He noted that the one directory sign to be installed in the front yard complies with I the criteria; the proposed 22-foot-high structure does not exceed the 24-foot limitation; access will be from Fairway Drive to Kagy Boulevard, avoiding direct access to that arterial; and exist- ing vegetation will provide much of the necessary screening to the south and the west. The Assistant Planner indicated that the applicant had proposed a 4-12 pitch roof; and the area resi- dents requested a 6-12 pitch roof to blend with the residential development, with everyone compro- mising on a 5-12 pitch roof. The Assistant Planner noted that a portion of the subject site is located within the 100- year floodplain. He also noted that a 35-foot 5treambank setback must be observed; and it has been. Assistant Planner Skelton stated that the Zoning Commission reviewed this application and concurred in the staff recommendation for approval, subject to nine conditions. Mr. Robert Lee, representing Don Weaver, submitted a brief history of the subject lot. He noted the zoning on the subject parcel was approved in 1977, and has been designated for office use since that time. He noted that a review of the topography in the area shows that water would need to be four feet over Kagy Boulevard to get into the proposed building; and the 100-year flood projects one foot over Kagy Boulevard. He noted the site is generally covered with trees, mostly quaking aspen. He noted that the area where the building and parking lot are to be located will be cleared, with all trees over one inch in diameter being transplanted to the perimeter of the site. Mr. Lee indicated that the office building will be set back 110 feet from Fairway Drive and 175 feet from the nearest residential development to the south. He noted the design of the building is similar to that of the existing office buildings; and they have agreed to use the same color as that used on the condominiums to the south. He indicated that the use of stucco I on a portion of the structure will help it to blend with the remainder of the technical center. Mayor Mathre asked Don Weaver if he agrees to all of the conditions recommended by the Zoning Commission; and he indicated that he does. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion waive the customary one-week waiting period. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the Conditional Use Permit requested by Donald K. Weaver to allow construction of a 4,064-square-foot office building on Lot 6 of Westridge Meadows No.3, subject to the con- ditions recommended by the Zoning Commission, as follows: 1. That the project sign located at the entry be situated within the boundaries of the property. 2. That access to the site be limited to occur from Fairway Drive. 3. That a FlOOdplain Permit be acquired from the City Engineer prior to final site plan approval. 4. That the final site plan contain information pertaining to size and location of sanitary sewer and water service lines, location of fire hydrant, identification of concrete sidewalk, asphalt pavement and concrete curbing. I 5. That off-street parking stall number 16 be omitted and that spot elevations of the parking Jot drainage plan be reviewed and approved by the City Engineer prior to final site plan approval. 6. That the final site plan comply with Sections 18.62.170 and 18.62.180 regarding snow removal storage area and landscape/irrigation system and Section 18.52.130(C) regarding landscaping design plan. 7. That the developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of 08-04-86 345 security equal to one and one-half (H) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and method of security shall be made a part of that agreement. 8. 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 the issuance of a building permit for the project. One signed copy shall be I retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the appl icant. 9. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid fur a period of only 18 months following approval of the use. 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 made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanent renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Public hearin arlor on portions of Lots This was the time and place set for the public hearing on the Conditional Use Permit requested by Ralph A. Ferraro to allow a sixty-seat bingo parlor on the east 19.3 feet of Lot 10 and the west 5.8 feet of Lot 11, Block D, Original Townsite. This site is more commonly known as being located at 237 East Main Street. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the subject building I is currently vacant and is located between Artcraft Printers and The Wine Merchant. He stated the proposed use would not require any structural changes, but would entail relocation of some partition walls within the building. The Assistant Planner noted that bingo parlors are not listed as a conditional use or a permitted use in the B-3 District; however, amusement and recreation activities are listed as a conditional use. Assistant Planner Skelton stated the application generally complies with the six criteria reviewed for Conditional Use Permits. He stated the staff had no general concerns; however, the Building Official has requested that a seventh condition be added to require a paved walkway to the parking lot and lighted rear entrance, with which the Zoning Commission concurred. Mr. Ralph Ferraro, applicant, stated the back parking lot will provide the required park- ing for the business. He noted that no alcoholic beverages will be sold, and no food will be served in the proposed bingo parlor. He noted the business will probably be open five days a week from 1: 00 or 2: 00 in the afternoon to 9: 30 or 10: 00 at night, depending on the type of business generated. Commissioner Vant Hull expressed concern that only 15 parking spaces are to be provided; however, the bingo parlor will accommodate 62 people. She suggested that many of the patrons may park on Main Street, taking parking spaces which should be available for others who wish to shop in downtown businesses. The Commissioner then asked if all or a portion of the subject parking lot will be leased to another business after the bingo parlor has been started. Mr. Ferraro indicated that the lease for the parking lot has been terminated; and all of the parking will be available to the bingo parlor. He then stated that the number of parking I spaces being provided meets the code requirements. He noted that five diagonal spaces will also be available immediately behind the building. Mayor Mathre asked Mr. Ferraro if he accepts the conditions recommended by the Zoning Commission; and he indicated that he does. Commissioner Vant Hull asked the City Manager if he feels this proposed use would place too much burden on the Main Street parking. He stated it may be possible that additional en- forcement would be necessary in that immediate area. He then noted that the off-street parking 08-04-86 347 requirements have been met; and the business is largely an evening business. Ms. Kay Peden stated support for having a bingo parlor in the downtown area, particularly one where no alcohol ic beverages a re to be sol d . She noted that the Senior Center conducts bingo games from 1: 00 to 3: 00 each Tuesday and Thursday afternoon; and many of those players then move to other bingo game locations. Ms. Peden also indicated that the senior citizen bus will take players to the bingo parlor and pick them up. I Mayor Mathre closed the public hearing. Commissioner Vant Hull requested that the Commission wait one week before making the decision because of concerns expressed about parking. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, 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 Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Vant Hull. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by Ralph A. Ferraro to allow a sixty-seat bingo parlor on portions of Lots 10 and 11, Block D, Original Townsite, subject to the conditions as recommended by the Zoning Commission as follows: 1. That the existing grade for the proposed parking lot area and final drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 2. That a 12-inch storm drain stub and storm drain inlet be installed by the City of Bozeman at the cost of the appl icant. 3. That the applicant provide documentation of ownership or lease of property for the proposed off-street parking area. 4. That a paved walkway and lighted rear entrance be developed on the property and that it be reviewed and approved by the City Building Official prior to final site plan approval. 5. That the developer shall enter into an Improvements Agreement with the I City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 t) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and methods of security shall be made a pa rt of that ag reement. 6. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 7. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. 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 made to the City Commission for their 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 Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. I Public hearin - Commission Resolution No. 2613 - intent to create SID No. 652 - water, sewer, paving In a portion 0 ra s econd u diVISion This was the time and place set for the public hearing on Commission Resolution No. 652, entitled: COMMISSION RESOLUTION NO. 2613 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, IN- 08-04-86 348 STALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN GRAF'S SECOND SUBDIVISION. Mayor Mathre opened the public hearing. City Manager Wysocki submitted to the Commission the following: a letter of support from James R. Syth and Thomas R. Wood; a letter of support from Dennis C. Hoeger; a letter of support from Yvonne G. Jarrett; a letter of support for the SID from Kenneth M. and Donna I M. Spain, but expressing opposition to the preliminary engineering design; and a letter of opposition from Patrick and Glenda Townley, residents at 1725 West Koch Street #1. The City Manager also submitted a memo from City Attorney Crumbaker-Smith showing that 47.77 percent of the properties are held by members of the Graf fami Iy. Mr. Gene Graf III indicated that he is representing some of the property owners in the proposed Special Improvement District. He noted that two of the lots listed under the Graf family ownership were sold at the end of last week, thus changing the amount held by the family to just under 40 percent. Mr. Graf then noted the Commission adopted a policy indicating its desire to have a dispersed ownership in newly created Special Improvement Districts to spread the liability for the assessments. He indicated that has been accomplished, with most of the lots being in individual ownership. Mr. Graf noted the City has incurred problems with SI D's recently, particularly in the Valley Unit Subdivision. He then reminded the Commission that his family has developed property around the city for the past three generations; and the City has not been stuck with any of those SID assessments. Gene Graf then noted that dispersing the ownership of property meets the City's desires; however, it creates problems when one tries to get private financing. He noted that banks hesitate to lend him money for improvements to the lots when he does not own all of them, citing the problems he incurred during his attempts to get interim financial guarantees before SID No. 642 was created. Mayor Mathre noted that the Commission has expressed concern about establishing new I SID's if any of the property owners involved have delinquent SID assessments. She indicated that a list prepared by staff on this date reveals that two SID's listed under the Graf estate are delinquent at this time, asking Gene Graf to respond. Gene Graf stated those parcels have been sold under contract for deed; and the purchasers are responsible for the assessments even though their names do not yet appear on the deed. He indicated that Notices of Purchaser's Interest for those parcels should be available in the Courthouse for review. Mayor Mathre stated that the State Statues for SI D's indicate that SI D's should be in the public interest; and she feels that is a legitimate consideration during Commission deliberations. She then asked Mr. Graf to indicate how this SI D is in the public interest. Mr. Graf stated that those who own the lots wi II benefit through the installation of the improvements; and the entire community will benefit from the additional tax base which will be created through the construction of homes on lots located within the city limits rather than in the county. He also noted that, due to dispersal of the ownership, obtaining private financing to install the improvements has been abrogated. Commissioner Jordan asked how many lots are within the SID boundaries. Mr. Graf indi- cated there are 26 lots within the district, which is located along the north side of Kagy Boulevard between Sourdough Road and Highland Boulevard. He noted those lots are currently vacant because none of the improvements have been installed. Commissioner Jordan then asked if Graf's First Subdivision was developed through the use of SID's; and Gene Graf indicated it was. He indicated that the area was subdivided in the I late 1960's; and the improvements were installed in 1981. Gene then stated that he has not owned any of the lots in that subdivision for about two years. Commissioner Vant Hull asked if phasing has been considered, noting one of the problems incurred has been installing improvements on too large an undeveloped area. Mr. Graf indicated that this is one phase, reminding her that most of the lots are in limited ownership. Gene Graf then stated he is aware of the fact that the initiative to limit the property tax may make the bonds not salable at this time; but he encouraged the Commission to proceed with 08-04-86 3 t; 9 the process so that after the election, the bonds could be placed on the market and possibly sold in time to allow installation of the water and sewer lines this fall and the paving next spring. Mr. Dennis Hoeger, owner of Lot 22, stated he feels this 51 D is in the public interest because without approval he will not be able to use that lot to construct his personal residence, as he now anticipates. He stated he does not feel that the problems with other SID's should I affect this request, noting that most of the lots are owned by individuals. Mr. Tom Wood, part owner of two lots within the district, indicated that he intends to construct homes as soon as possible after the improvements have been installed. He indicated that he and his partner plan to develop property in Block A as soon as they can, privately ex- tending the improvements for that area from the improvements installed through this 51 D. Mr. Wood then stated that he supports the 5 I D requested. Mayor Mathre noted that the list of delinquent assessments includes his partnership, and asked Mr. Wood to address that matter. He stated that they are in the process of bringing those delinquencies up to date. He noted they have just acquired some of the property; and under the terms of the contract they are liable for the delinquencies. Mr. Dennis Cattin, owner of Lot 37, stated he plans to build his home as soon as the streets have been installed and he has sold his existing home. He noted that he has owned a fair amount of property in the area; and he has not been late on paying taxes or special assessments. Mr. Rick Ogle, owner of Lots 23 and 24, stated he purchased the lots eight or nine years ago. He indicated that he plans to build a new home, utilizing both lots, as soon as he can. Mr. Jim Schilling, owner of Lot 32, stated he plans to build his home on that lot as soon as the improvements have been installed. Mr. William Warwood, owner of Lot 10, indicated his intention to build his home on that lot next summer if the improvements have been installed. Mr. Brad Stratton, owner of Lot 25, stated he bought the lot seven years ago; and he has not yet determined if he will build his home there. He stated he believes the lots are I prime lots upon which current owners intend to build for themselves. He noted those who own the lots have the ability to pay the assessments; and this project should not be put into the same category as the one which has recently gone d~linquent. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., consulting engineer for the project, stated the test his company uses for determining whether a project is in the public interest is whether the improvements installed are public. He noted the water, sewer, storm drainage and streets are all public facilities which will be owned by the City after they have been installed, even though they are being paid for by the individuals. Mr. George Puhach stated opposition to the proposed SI D. He suggested that the water, sewer and streets be installed through private financing rather than through this process. Mr. Jessie Aber, 1 B Gallatin Drive, questioned how the lots could be conveyed to indivi- dual ownership without the improvements being installed. He then suggested alternatives to the current SID process being used. Mr. Aber indicated opposition to the requested SI D, noting that the individuals using this process benefit but the general public does not benefit; and if the assessments become delinquent, the taxpayers are then assessed to cover those costs. Mr. Bill Schultz, 105 Westridge Drive, stated he does not feel it is in the best interests of the taxpayers to provide more taxpayer guaranteed monies for development of subdivisions. He expressed concern that any new lots made available for development are in direct competition with those available in Valley Unit Subdivision. He then provided statistics on the number of lots and homes available as well as those sold to date this year, noting that real estate is a I poor investment at this time. Mr. Schultz suggested that the property owners install the im- provements themselves as an upfront cost. He encouraged the City to change the policy on SID's rather than burden the taxpayers with the creation of additional districts. Mr. Con Gillam stated he was in the cattle business, spending his own money and taking his lumps. He indicated he feels that new development should also pay its own way, and not become a burden on the taxpayers when those being assessed the costs do not pay the bi II. Mrs. Helen Fulbright stated opposition to the requested SID. She raised several questions about the current process, especially when a developer fails to make the assessment 08-04-86 350 payments. She indicated that she is a senior citizen on a fixed income, and she cannot afford the higher taxes that could occur as a result of delinquencies. Mr. William Davis stated concurrence with the statements made by those in opposition. He noted that in the July 28, 1985 edition of the newspaper, a long list of tax delinquencies were printed; and that list contained Graf's name. Mr. Davis noted a recent newspaper article discussed new SID bonds which create no risk because they are not backed by the taxpayers, noting those bonds are not very popular with potential bondholders. I Ms. Marietta Parkinson, 105 Graf Street, indicated agreement with the opposition. She expressed concern about continuing the use of SID's as a method for developing property. She noted one of the considerations is whether it serves the public interest; and she feels the private individuals are the ones that will benefit. Ms. Parkinson then asked if any builder will be allowed to construct homes in that area or if a specific builder must be used. Mr. Bob Eslick stated he does not believe the SID is necessary. He noted that Durston Road was initially developed without the use of an SID; and he feels improvements can still be installed without SI D's. Mr. Barry Bain indicated he acquired four rental properties and remodeled them through conventional financing. He then questioned why the City should act as investment bankers, taking the risks while not gaining any benefit. Mr. Bain then asked how many of the lots are fully paid for, as well as the amount of the proposed SID. Mr. Graf indicated the estimated costs of the SID are $399,000. He then indicated that all except the lots under contract in Block B are fully paid for. Mr. Maurice Jones cited instances in which improvements have been installed without the use of SID's, including the paving of Mendenhall Street. Mr. James Anderson, Lindley Place, stated opposition to the proposed SID. Mr. Mark Parkinson, 105 Graf Street, indicated he feels .the developers should accept responsibility for funding the improvements, rather than seeking use of this mechanism. Mrs. Helen Eslick noted that New Hyalite View Subdivision went through the delinquency process thirty years ago, similar to Valley Unit Subdivision at the present time. She then I indicated opposition to the requested SI D. Mr. Dave Jarrett stated his wife owns two lots in the proposed district. He stated he feels it is in the City's best interests to create the SI D. He noted that improvement of the lots will increase the tax base, paying their fair share of the taxes and creating positive growth in the area. He stated he doesn't want to pay any of the Valley Unit Subdivision delinquent taxes either, but that is the system. He noted the subject area has been subdivided for many years; and he suggested it is now time to install the improvements so the area can be developed. Mr. Jim Syth, part owner of two lots, noted he and his partner are developing the area adjacent to this district. He stated they have been approached about the availability of lots and types of homes that will be available in that area. He noted that the Valley Unit Subdivision has been developed in the $40,000 to $60,000 range; and his development is anticipated in the $70,000 to $110,000 range. He stated many people are now looking for homes within the city limits because they don't want to live out of town, but they cannot find homes or lots that meet thei r needs. Mr. Syth indicated that the initial plans were to develop their subdivision in three phases; however, the demand may cause them to develop their entire twenty lots immediately. He also noted that a conversation with the Director of Finance revealed there are currently over 200 SI D's being assessed; unfortunately, Valley Unit Subdivision was one of the largest and is the one which has created problems. He also reminded the Commission of unpaved streets, par- ticularly in the middle of town, which remain unpaved because it is difficult to go back after the area is developed and install those improvements. He noted the subject area is becoming I desirable for development because of its proximity to the new hospital and its easy access to the University. Mr. Jay Scott stated that he has lived here only ten months. He then noted that the City has used this method of financing improvements in the past, questioning how they could disregard that at this time. He noted that the subject property is free and clear of debt, while the ones which have created problems are those areas which have been highly mortgaged. Mr. Scott then indicated there are thirty lots available in Valley Unit for single-family homes; and 08-04-86 351 there is not a surplus of good quality lots. Mr. Bill Roller stated many of his customers are looking for property upon which to build, noting that about 85 percent of those individuals are from out of town who wish to relocate here. He stated that denial of the creation of special improvement districts will stop growth in Bozeman; and it will no longer be a progressive community. He then indicated that if 51 Dls are not to be used, an alternative must be found so that development can continue. I Mr. Gene Graf responded to some of the questions and issues that had been raised. He noted that several people, particularly those on fixed incomes, have expressed concern about the creation of this district because of the potential burden on the taxpayers. He noted in the 1950's, the same thing happed in Hyalite View Subdivision that has happened in Valley Unit Sub- division in the 1980's. He noted the subject proposal is not a big project; and he feels it is viable. Mr. Graf then indicated that anyone can build in the subdivision, using the builder of his choosing. He then responded to the comment that his family's name had appeared on the tax delinquency lists in 1985. He noted that many of their sales are on contract for deed; therefore, their names remain on the taxes until the purchasers have made all payments, even though the seller is not responsible for the assessments and taxes. He noted that they have now begun to file Notices of Purchaser's Interest on contract sales, which helps to clarify actual ownership. Mr. William Warwood noted substantial reference has been made to Valley Unit. He noted when those SI D's were created, there were not several property owners involved who planned to bu i1d thei r own homes on thei r own lots. He noted that once the improvements have been extended to the subject lots in Graf's Second Addition, several homes wi II be constructed, thus increasing the tax base for the community. Mr. Warwood then reminded the Commission that the majority of these lots are privately owned; therefore, this project will not compete with the available lots in Valley Unit. He also noted that those who have spoken in opposition have not opposed this project, but the SI D process in general. He noted the SI D process may not be I the best way to install improvements, but an alternative should be developed before this process is dropped. Mr. Warwood then encouraged the Commission to consider the fact that in this particular project, the majority of the lots have been sold to individuals; and the possibility of default is rather minimal. Ms. Lauren Bain questioned the need for paving the streets in the new subdivision, noting she lives on South Fourth Avenue, which has never been paved. Mr. Arthur Schultz asked the Commissioners why the City should get involved in Special Improvement Districts. He then noted that he owns property on Broadway, which was recently paved through an SID which he had opposed. Commissioner Vant Hull responded to the question, citing several reasons. She noted that the use of 51 D's encourages people to build in the city rather than outside the city limits, on city-sized lots. She also noted that the subject area is currently covered with noxious weeds; and development would help eliminate that problem. The Commissioner also noted that the City has recently completed a new Waste Water Treatment Plant which can accommodate substantially more people. She noted that with more development, the plant wi II run more efficiently; and it will be longer before the sewer rates will need to be increased to cover the costs of operation. Commissioner Martel noted the City's involvement in SID's is basically an economic issue. He stated they allow the installation of costly improvements, including water, sewer and paving without having to pay all those costs upfront. He noted that very few of the SI D's have created problems; but those which have are large and have created a large splash. The Commissioner I stated that when an SID is properly used, it does not cost the taxpayer any money, but it does enable the community to expand. He noted the problems have occurred in large developments with one single owner; and not all SI D's should be viewed in that same light because the circum- stances vary. Commissioner Jordan noted that the State Statutes provide the SID mechanism for installa- tion of improvements; and in low population areas, they seem to be the best alternative. He noted the smaller special improvement districts have worked; and they have made it possible for people to purchase homes that would not have been able to afford the improvements in any other 08-04-86 352 way. The Commissioner stated that safeguards must be used, and extreme caution should be taken when large amounts of raw land are under consideration; but the mechanism should remain available. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission waive the customary one-week waiting period. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Jordan; those voting No I being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre. A decision will be forthcoming in one week. Break - 9:30 to 9:40 p.m. Mayor Mathre declared a break from 9:30 p.m. to 9:40 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Commission Resolution No. 2614 - intent to vacate alley in Block 119 of the Northern Pacific Addition (alley from North Rouse Avenue to North Church Avenue between East Peach ~treet and East Cottonwood Street) (requested by Bill Roller) This was the time and place set for the public hearing on Commission Resolution No. 2614, entitled: COMMISSION RESOLUTION NO. 2614 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE ALLEY IN BLOCK 119 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. Mayor Mathre opened the public hearing. - . City Manager Wysocki stated that Mr. Bill Roller submitted a request for vacation of the alley right-Of-way along the south side of Lots 4 through 12, Block 119 of the Northern Pacific Addition in June 1986. He noted that after review, the Engineering Officer recommended that the entire alley be vacated rather than just the requested portion. The City Manager indicated I that Commission Resolution No. 2614 was then prepared to provide for vacation of the entire alley, which lies between East Peach Street and East Cottonwood Street, running between North Church Avenue and North Rouse Avenue. He noted that the subject alley right-of-way has never been developed; and a bridge would need to be installed across the creek to utilize the alley. Mr. Bill Roller indicated that he has developed a portion of his property and intends to expand that development. He stated he plans to build storage units on the property, noting that if the alley is vacated, he will build those units against the fence of his neighbor1s fence to the south. Mayor Mathre noted that utility lines are often located within the alley right-of-way and asked if there are any utilities in this area which would require an easement and preclude any building construction. City Manager Wysocki stated he does not know if there are any utility lines in the right- of-way; but the staff will find out. Mr. Earnest Terry stated he owns seven lots along the south side of the alley, running east from the creek. He indicated opposition to vacation of the alley because that would elimi- nate access to the back of his lots, precluding future development on them. Mr. Oscar Dean indicated his property lies along the north side of the alley, between North Rouse Avenue and the creek. He then indicated that four years ago, he received a letter from the Building Official granting him permission to place a building on the alley right-of-way, which he did. Mr. Dean then indicated support for the proposed alley vacation. Mayor Mathre closed the public hearing. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, 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 Stiff and Commissioner Martel; those voting No being Commissioner Vant Hull and Mayor Mathre. The City Manager recommended that the Commission approve the vacation of the alley in Block 119 of the Northern Pacific Addition, subject to the staff determining what utility lines are located in that right-of-way. 08-04-86 353 It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commis- sion deny the request for vacation of the alley in Block 119 of the Northern Pacific Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan, Commissioner Martel and Mayor Mathre; those voting No, none. I of the Overall Economic Development an - City Manager Wysocki submitted to the Commission a memo concerning update of the Overall Economic Development Plan. He reminded the Commission that this item had been briefly discussed before, noting that the plan is for Gallatin, Meagher and Park Counties. He noted the total cost of the update is projected at $6,000, with each County being asked to fund $2,000. He noted that the Gallatin County Commission has appropriated $1,000 for the update; and the City is now being asked to appropriate $1,000. The City Manager recommended that the Commission appropriate $1,000 for the update, contingent upon the three Counties providing the balance of the funding, with the monies being taken from the City Commission--Contracted Services budget unit. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis~ sion appropriate $1,000 for update of the Overall Economic Development Plan, contingent upon the three Counties providing the balance of the funding. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Commission Resolution No. 2618 - Note resolution for the liability insurance through the League Insurance Ttust; includin action on the Interlocal A reement, Uabilit Risk Covera e Pro ram greement and t e n enture 0 rust City Manager Wysocki presented Commission Resolution No. 2618, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2618 A RESOLUTION RELATING TO PARTICIPATION IN POOLED SELF-INSURANCE PROGRAM; APPROVING AND AUTHORIZING THE EXECUTION OF THE MONTANA MUNICIPAL INSURANCE AUTHORITY INTERLOCAL AGREEMENT, APPROVING THE MUNICIPALITY'S PARTICIPATION IN THE AUTHORITY'S LIABILITY INSURANCE COVERAGE PROGRAM, AUTHORIZING THE EXECUTION OF THE LIABILITY INSURANCE COVERAGE AGREEMENT, APPROVING THE INDENTURE OF TRUST AUTHORIZING THE ISSUANCE OF BONDS ON ITS BEHALF AND APPROVING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING THERETO AND AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A NOTE EVIDENCING THE MUNICIPALlTY'S PROPORTIONATE SHARE OF PRINCIPAL OF AND INTEREST ON THE BONDS. The City Manager' noted that the paperwork for this item was received by the Commission this morning; and the City Attorney has been reviewing it. He noted that the Resolution authorizes participation in the pooled self-insurance program for liability insurance, including authorization to sign the necessary documents to enter into the program. He stated that under this program, the "Montana Municipal Insurance Authorityll would be created, which will replace the "Trust" to meet the requirements for the issuance of bonds. The City Manager stated that the six largest cities will be included in the official statement for the sale of bonds to support the bond issue; and a listing of the financial condition of each of those cities will be in the statement. He noted that about 66 or 68 cities and towns have indicated interest in participating in the program and will enter within the first sixty days of the program, thus reducing the liability for the bonds to the major cities. The I City Manager then indicated that Dorsey and Whitney has been preparing the papers for the bond sale; and the Trust has been working with D. A. Davidson and Piper, Jaffray and Hopwood on the actual sale of the bonds. City Manager Wysocki indicated that under the program, after the bonds have been sold, the cities will have excess coverage to $1 million or $1.5 million, which is a more comfortable level than is now avai lable. He then recommended that the Commission adopt Commission Resolution No. 2618. 08-04-86 35L+ It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2618, authorizing the City's participation in the self-insurance pool for liability insurance and authorizing execution of the appropriate documents. 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. Tentative Appropriation Ordinance for FY 1986-87 I City Manager Wysocki presented the Tentative Appropriation Ordinance for FY 1986-87, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1987. The City Manager recommended that the Commission adopt the Tentative Appropriation Ordinance and set the public hearing date for August 18, 1986. Commissioner Vant Hull asked if the Library Board and the Planning Board will be asked to submit presentations during the public hearing , indicating she would like to give them the opportunity to do so. Commissioner Stiff noted that during the establishment of goals for the upcoming fiscal year, the management audit received the most votes but was moved down the list at his request due to the urgency of the need to review the SI D policy. The Commissioner noted that since that was done, three major vacancies have been announced; and he feels it may be time to re- consider the earlier decision. He noted that the positions will automatically be refilled; and consolidation or streamlining of the organization could be more easily accomplished before those vacancies are filled. The Commissioner suggested that the Commission may wish to consider this I issue while reviewing the Tentative Appropriation Ordinance, with the idea of possibly finding funds for a consultant to complete a management audit in the near future. City Manager Wysocki noted that possible revisions in the City's organizational structure have been briefly discussed in the past month, noting that the costs incurred through these retirements will require that the positions remain open for a period of time to stay within the budget. He also questioned whether this is an appropriate time to try to tie the management audit to the budget, noting it would cost an additional $25,000 to $30,000 which is not in the budget at this time. Commissioner Vant Hull suggested that the Commission adopt the Tentative Appropriation Ordinance, keeping the management audit and possible restructuring of the system in mind. She noted that the City Attorney position should be filled immediately, but the other two could possibly remain open for a period of time. Mayor Mathre stated she feels the management audit could be conducted as advantageously next year, even if the positions have been filled. She noted that the suggested solutions may not have anything to do with those positions which are becoming vacant at this time. Commissioner Jordan indicated that the management audit is not one of his priorities. He then questioned the need to pay an outside consultant for suggestions the City Manager could probably submit. The Commissioner also noted that the management audit could cost more than just the study costs, questioning how the Commission would react to a suggestion that more staff is needed. Commissioner Martel noted that reading a study for another community does not always I reveal the background information and analyses obtained. He then suggested that the City Attorney not be filled at this time, but that an attorney be retained whenever necessary until a management audit can be completed. He noted that monies saved through the vacancies could cover the costs of that study. Commissioner Stiff stated he feels a third party perspective is good. He then noted that one does not always receive the comprehensive type of report one anticipates from a consultant, therefore, not getting his money's worth. 08-04-86 355 The City Manager stated tie has no problems with a ma'nagement audit as long as the scope has been established. He noted that specific questions should be developed so the consultant has some idea about what type of items are to be addressed. Commissioner Stiff indicated that he feels the professional should not be given a scope but should have the opportunity to address any matter. The Commissioners then addressed Commissioner Martel's suggestion that the City Attorney I position not be filled immediately; and they concurred that the position should be filled as soon as possible. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt the Tentative Appropriation Ordinance for Fiscal Year 1986-87. and set the public hearing date for August 18, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Appointment to the Police Commission City Manager Wysocki submitted to the Commission a memo indicating his reappointment of C. Ray Houghton to the Police Commission. He then requested that the Commission concur in that appointment. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission concur in the City Manager's reappointment of C. Ray Houghton to the Police Commission, with a three-year term to expire on April 30, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Jordan. Discussion - FYI items City Manager Wysocki presented to the Commission the following IIFor Your Informationll items. I (1) A memo concerning transfer of the deed for Lots 13, 14 and 15 in Block 18 of the Capitol Hill Addition to the Battered Women1s Network. (2) A memo concerning transfer of the deed for Lots 21 and 22 in Block 3 of Beall's Second Addition to Reach, Inc. (3) A letter from Loretta Bridgewater, dated July 24, 1986, stating opposition to allowing a private firm to contract for all garbage collection within the City. (4) A letter from John Parker, Woodbrook Townhouse Owners' Association, dated July 15, 1986, expressing a desire for the City to continue garbage collection service. (5) A copy of the agenda for the Montana League of Cities and Towns Convention to be held September 17, 18 and 19, 1986 in Butte, Montana. The City Manager indicated this item will be placed on the August 18 agenda for discussion and a determination of who will attend. (6) A copy of an article in the Moody's Municipal Credit Report concerning Consti- tutional Initiative 27 and Initiative 105 in Montana. (7) A copy of the article IIMontana's 'Proposition 13' must be stricken from ballot." as published in the August 1, 1986 edition of the Great Falls Tribune, submitted by Mayor Mathre. (8) A letter from the Gallatin County Commission concerning funding for the Library for Fiscal Year 1986-87. (9) A letter from Women In Transition concerning the need for child care for low- and moderate-income persons. (10) A letter from the Loft Community Theatre requesting that the City be the sponsor for a grant application for an operational support grant. The City Manager indicated this item I will be placed on next week's agenda for discussion. (11) The City Manager indicated that Assistant City Manager Don Barrick will serve as Acting City Manager during his absence later this week and next week. (12 ) Commissioner Vant Hull expressed- concern about the amount of knapweed around the water tank and along the linear park. She indicated that she has requested information on this subject and will submit it for discussion at next week's meeting. 08-04-86 356 Consent I terns A Gallatin Rin ers Club - Old Elk's 1986 A I Generator Buildin at the Water Wheel Loader Backhoe (to be paid from Water re It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Adjournment - 11: 05 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 Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 08-04-86