Loading...
HomeMy WebLinkAbout1986-08-25 372 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 25, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 25,1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager I Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commissioner Martel was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of August 18, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Absence of Commissioner Martel It wa~ moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the absence of Commissioner Martel be authorized in accordance with Section 7-3-4322(2), M.C.A. 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, none. Open bids - special warrants for the 1986 Sidewalk Construction Program - $144,000 This was the time and place set for the opening of bids for the special warrants for the 1986 Sidewalk Construction Program. I The affidavit of publication for the "Call for Bids" was presented. The City Manager stated that no bids have been received for the special warrants for the 1986 Sidewalk Construction Program. He then recommended that the Commission vote to open the bids, acknowledging the fact that no bids have been received. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids be opened and read, acknowledging that no bids have been received. 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, none. City Manager Wysocki noted there are a number of items clouding the issue of local govern- ment funding at the present time; and he suggested that the Commission may want to consider the sale of warrants for the sidewalk program in January or February, after some of those items have been resolved. The City Manager noted that, although warrants are issued for a much shorter period than bonds, the same concerns could be affecting both items. Mayor Mathre noted that an engineering bill will be incurred for the work which has been completed to date. The City Manager concurred, indicating that if the bill is not too large, the City should pay the bill and then assess those costs back against the district at the time of construction. Award bid - wheel loader backhoe (Water Department) This was the time and place set for the award of the bid for the wheel loader backhoe for the Water Department. The City Manager submitted to the Commission a memo from Director I of Public Servic.:e Dick Holmes indicating that this piece of equipment is to be purchased on a five-year lease/purchase agreement, which was included in the bids as well as the purchase price. He then concurred with the Director of Public Service's recommendation that the bid be awarded to Gallatin Equipment Company, Belgrade, Montana, on a five-year lease/purchase agreement with annual payments of $6,497.75. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bid for the wheel loader backhoe for the Water Department be awarded to Gallatin Equipment Company, 08-25-86 373 . Belgrade, Montana, in the bid amount of $6,497.75 per year on a five-year leasel purchase, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Award bid - emergency generator building (Water Treatment Plant) I This was the time and place set for the award of the bid for the emergency generator building to be constructed at the Water Treatment Plant. City Manager Wysocki submitted to the Commission a memo from Director of Public Service Holmes recommended that the bid be awarded to Ron Rice Construction Management, Inc., Bozeman, Montana, in the bid amount of $14,435.00; and concurred in that recommendation. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the bid for the emergency generator building to be constructed at the Water Treatment Plant be awarded to Ron Rice Construction Management, I nc., Bozeman, Montana, in the total bid amount of $14,435.00, it being the lowest and best bid received. 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, none. Continued discussion - request for City to be sponsorin~ agency for grant from the Montana Arts Council for the Snowbird Chapter of the Sweet Ade ines The City Manager reminded the Commissioners that this item was discussed at last week's meeting; and additional information was requested. He then noted that Ms. Darlyne Haynes has prepared a memo which addresses several of the questions raised by the Commissioners at that meeting. City Manager Wysocki stated that he spoke to Mr. Pratt at the Montana Arts Counci I con- cerning the matter; and he indicated that each of the applications is competitively ranked according to their criteria. He also indicated that several other applications from the Bozeman I area will be considered; and each governing unit may sponsor more than one application without endangering those applications. Mr. Pratt did note problems with a grant for operating costs, although under certain circumstances that would be allowed. Ms. Darlyne Haynes stated that grants are offered in four separate categories: special projects, organizational support, endowment, and construction and renovation of buildings. She indicated the Sweet Adelines had initially considered the organizational support category, but Mr. Pratt suggested that the special projects category might be best. She noted that the grant application will be for between $2,000 and $3,000; and the monies will be matched by the local chapter. She indicated the monies will be used for promoting membership as well as to support competition costs at the regional level. Ms. Haynes noted that the application I ists several groups that might benefit from the grant, with one of those being the role of women. City Manager Wysocki recommended that the City sponsor this grant application. ~ It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission authorize the City to be the sponsoring agency for a grant from the Montana Arts Counci I for the Snowbird Chapter of the Sweet Adelines. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commis- sioner Stiff and Mayor Mathre; those voting No, none. Preliminary Plat review - Blue Grass Meadow Subdivision, Phase I - Larry Kunz - located in the NWi of Section 20, T2S, R5E, MPM (southwest of corner of Gooch Hill Road and Stucky Road) This was the time and place set for review of the preliminary plat for the Blue Grass I Meadow Subdivision, Phase I, as requested by Larry Kunz. The subdivision is located in the northwest one-quarter of Section 20, Township 2 South, Range 5 East, Montana Principal Meridian, which is more commonly located south of the intersection of Gooch Hill Road and Stucky Road. Planning Director Steve Lere presented the Staff Report. He stated the subject site is located along the west side of Gooch Hill Road, which is a paved road, south of its intersection with Stucky Road. He noted that the Aspen Basin Subdivision is located just north of the subject tract. The Planning Director stated that Phase I contains 25.8 acres, which wi II be divided into eleven lots, Phase " will be divided into ten lots, and Phase III will be divided into thirteen 08-25-86 37/t lots, for a total of thirty-four lots in the entire subdivision. All of the lots will be single- family residential lots, ranging in size from 2.0 acres to 2.262 acres. Planning Director Lere stated the subject parcel is zoned RS-2, Rural Suburban--Country Estates, two-acre minimum, although the Master Plan designates the land use as agricultural suburban and does not recognize this area as a growth node since evaluation of the site scored 79 points, with the minimum for a growth node being 112 points. He noted that under this pre- liminary plat, 3.4 acres of parkland would be dedicated along the western boundary of the I property, with the remainder of the parkland requirement being paid through cash-in-lieu. He indicated the Planning Staff would recommend that the cash-In-lieu payment be made with Phase I and that the parkland dedication be made with Phase III. The Planning Director stated that the Rae Volunteer Fire Department has expressed concern about the temporary cul-de-sacs proposed for Phase I and Phase II until they are connected through Phase III. The Rae Volunteer Fire Department also requested that a fill pond be developed on the site or at Minder Pond. Planning Director Lere indicated that the Planning Board received one letter of protest from Mr. and Mrs. Faulkner. He also noted that one of the Planning Board members expressed concern about the high groundwater in the area as well as the lack of monitoring to date. He indicated that a waterway through the subject site has been designated in the Master Plan; but following review by members of the Planning staff, SCS and the Fish and Game Department, it was determined that is only an irrigation ditch, which has apparently not been used for at least two to three years. He noted that adjacent landowners have rights to the water from that irri- gation ditch, and it would be relocated so they would retain their rights. The Planning Director stated that, following the public hearing, the City-County Planning Board recommended approval of the preliminary plat, subject to eleven conditions. Commissioner Vant Hull expressed concern about the process used for preliminary plat review. She stated that she feels a public hearing should be conducted by the City Commission as well as the Planning Board. The Commissioner then questioned approving a subdivision in an area which ranked so low in points on the growth node scale. I Planning Director Lere reminded the Commissioners that, although the Master Plan desig- nates the area as agricultural suburban, the zoning is RS-2, which takes precedence. He indi- cated that the rezoning from AS to RS-2 was done more than five years ago. Commissioner Vant Hull noted that the Sheriff indicated he would need more help for the subdivision. The Planning Director stated that has been a standard comment for all subdivisions requiring County review over the past two or three years. Commissioner Vant Hull then noted that concern has been raised about the groundwater and lack of monitoring. She also questioned whether wells and septic tanks could be properly installed because of the water table. The Planning Director stated that the Department of Health and Environmental Sciences and the County Sanitarian are responsible for review and approval of plans for those items. He then indicated that groundwater monitoring has been done during portions of a year, although not for an enUre year. Commissioner Vant Hull expressed concern about noxious weeds, which seem to become a problem in county subdivisions which are not totally developed. Planning Director Lere stated that weed control is required, along with street maintenance and parkland maintenance, in county subdivisions. Commissioner Vant Hull then indicated concern about the proposed payment of cash-In-lieu for a portion of the parkland requirements, questioning whether adequate parkland is provided in county subdivisions. The Planning Director stated that over the years, the County has accepted small dedications of parkland which have not been developed; and weed problems have occurred. He indicated that the County has considered getting rid of those parcels, further noting that I the County has recently begun to require the subject homeowners' association to maintain any parkland dedications which are accepted by that entity. Commissioner Jordan asked how many other properties in the jurisdictional area are zoned in conflict with the Master Plan land use designation. The Planning Director indicated there are several. Commissioner Jordan expressed concern about the conflicts and asked if the zones could be changed to comply with the Master Plan. The Planning Director indicated it would be possible, 08-25-86 375 noting the Planning Staff had considered that. He noted, however, that notices would need to be sent to everyone involved, which would become more time-consuming and expensive than could be handled by their department. He also reminded the Commission that the existing zoning takes precedence over the Master Plan land use designations and growth nodes. Commissioner Jordan then stated opposition to approving another subdivision in the county when several of those which exist outside the city limits are not yet 60 percent developed. He I also indicated that he feels the Master Plan should be followed, rather than making exceptions and thus creating potential problems in the future. Planning Director Lere reminded the Commission that this is the first jurisdictional sub- division for which the Planning Staff and the City-County Planning Board have recommended approval in five years. Mayor Mathre asked when the County Commission will review this preliminary plat. The Planning Director stated that if the City Commission approves it, it will go before the County Commission at tomorrow's meeting. He noted that if the City Commission denies it, it will not go before the County Commission since both governing units must approve it. Mr. Jack Schunke, Morrison-Maierle, indicated that his engineering firm represents the applicant, Mr. Kunz, who is a developer currently residing in Caljfornia. He stated that Mr. Kunz has constructed houses for seventeen years. He then indicated that if this subdivision is approved, Mr. Kunz plans to construct approximately five houses per year, selling them with the lots. He noted that Mr. Kunz would follow a specific architectural theme in building the homes; and he wou Id landscape the area. Mr. Schunke indicated that the slow rate of development would avoid flooding the market; and Mr. Kunz does not plan to sell the lots to individuals with- out having the homes already constructed. Mr. Schunke stated the proposed subdivision would be an asset to the area, noting that the homes would be quality construction, selling in the $60,000 to $80,000 price range. He also noted that the two-acre lots would conform to development which is currently taking place in . the area, noting that Aspen Basin also contains two-acre lots. He also indicated that access to I the subdivision has good site distance and the closest intersection is just over 1,000 feet away. Jack Schunke noted that an irrigation ditch runs through Phase I; and that ditch will be relocated along the property lines to rejoin the existing ditch as it leaves the property. He stated the existing ditch is undefinable in some places; and the relocation will improve its condition substantially. Mr. Schunke stated that the developer realizes that noxious weeds are a major problem in subdivisions ,which are not fully developed; and a plan for weed control will be submitted for approval. He also indicated that the covenants are currently being prepared and will be sub- mitted prior to final plat approval. He then stated that restrictions on the building design and the exterior finishing will be included in the covenants to assure a quality subdivision, even if Mr. Kunz does not complete it himself. Jack Schunke then stated his firm has been monitoring th~ twelve groundwater test wells on the property at two-week intervals. He noted that area along the proposed parkland has the highest groundwater level, running between four and six feet deep. He noted the Department of Health and Environmental Sciences must review the information and plans and approve them; and the County Sanitarian has been reviewing the process to date. Mr. Schunke stated that the developer has requested that the County earmark the cash-in- lieu payment for development of the dedicated park located within the subdivision; but he is not sure that can be accommodated. He then noted that the developer has indicated that he will accept all of the conditions which have been attached to this preliminary plat. Commissioner Vant Hull asked how much the cash-in-Iieu payment would be. Mr. Schunke I indicated that the payment would be for approximately 3! acres, at an estimated cost of $1,000 to $1,500 per acre. Commissioner Jordan expressed concern about the impact this subdivision may have on the Anderson School, which is already at capacity. Mr. Schunke stated that a letter from the Anderson School is attached to the Environmental Impact Statement, indicating that if additional students enroll, they may need to build an addition on the school. He then noted the developer realizes the needs of the community and the impact that rapid growth creates, reminding the Commission that he plans to construct only five houses per year. 08-25-86 376 Commissioner Jordan indicated he is concerned about development of the subdivision, particularly in the existing housing market. Mr. Schunke stated the developer plans to leave the property in pastureland until he is ready to begin construction. Commissioner Vant Hull asked how important the public interest criteria are in making this decision, particularly the one addressing need. The Planning Director stated the eight public interest criteria provide the basis upon which to make the decision. Mrs. Lee Faulkner, 6651 Gooch Hill Road, indicated they own six acres adjacent to the I subject parcel. She noted that, although Aspen Basin is located just north of the proposed subdivision, the area is basically agricultural. She questioned the need for another sub- division, particularly with all of the houses currently on the market. She also expressed concern that the subdivision would create competition for the lots in the Valley Unit Sub- division, which need to be developed to provide financial relief for the City. Mrs. Faulkner also expressed concern that the two-acre lots will not remain beautifully landscaped after the subdivision is developed. Mr. Jack Schunke reminded the Commissioners that the subject 80-acre parcel is presently divided into eight ten-acre parcels, which can be developed with no developmental guidelines or covenants in place. City Manager Wysocki recommended that the Commission approve the pre.l.iminary plat, with the eleven conditions recommended by the City-County Planning Board. Commissioner Vant Hull indicated she does not feel a need has been shown, noting there currently is a surplus of lots, both in the city and the county. She also expressed concern approval of this subdivision would encourage people to move to the country. Commissioner Jordan stated he does not feel there is a need for additional subdivision lots in the county. He then indicated that he does not believe the lots in the county provide competition for the lots in Valley Unit. Mayor Mathre stated that whether this preliminary plat is approved or denied will not affect the number of lots sold within the city limits, noting that urban sized lots and country subdivision lots address two different markets. She noted that she will vote against denying I the preliminary plat because she does not feel any compelling reason to disapprove the subdivision has been provided, although she is not sure about the supply and demand of lots in the county. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the preliminary plat for Blue Grass Meadow Subdivision, Phase I, be denied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan and Commissioner Stiff; those voting No being Mayor Mathre. B rea k - 3: 1 5 to 3: 22 p. m . Mayor Mathre declared a break from 3:15 p.m. to 3:22 p.m., in accordance with Commission policy established at the regular meeting held on March 14, 1983. City Manager Wysocki presented to the Commission a memo from the Clerk of the Commission listing the various actions which had been started as a result of the proposed convention center/ hotel project which was initiated by Felska/Solvie. He reminded the Commissioners than they had approved the intention to annex the subject 4.01-acre tract in June 1984; conducted the public hearing on the Zone Map Change from RS-l, Residential-Suburban Country Estates, to B-2, Community Highway Business, in August 1984; and considered a request to vacate a portion I of the Baxter Lane right-of-way lying east of North Seventh Avenue in July 1984. The City Manager stated he has contacted Mr. Karl See/, legal representative for George Westlake and Kay Martinen, owners of the subject property, to see if they are interested in continuing any of these processes; and he indicated they are not. He then recommended that the Commission vote to deny the request for annexation, the Zone Map Change based on the previous denial, and denial of the street vacation, since the property owners do not wish to pursue these items. 08-25-86 377 It was moved by Commissioner Jordan, seconded by Commissioner Stiff. that the Commission deny the proposed Oak Street Annexation, the rezoning from RS-l to B-2 on that tract, and the vacation of a 60-foot by 506. 32-foot portion of the right-of-way for Baxter Lane located east of North Seventh Avenue, principally based upon the property owners' desire not to proceed with these items. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting I No, none. Authorize absence of Commissioner Jordan - meeting of September 2, 1986 It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the absence of Commissioner Jordan from the meeting of September 2, 1986 be authorized in accordance with Section 7-3-4322(2), M.C.A. 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, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from Figgins Sand and Gravel submitting a proposal for use of gravel rather than salt on the streets. The City Manager indicated this letter was written on their own ini- tiative, not at the request of the City staff. (2) A letter from Cresap, McCormick and Paget to Commissioner Stiff concerning the management audit process. (3) A letter from Todd and Associates concerning HUD subsidy for the Greenwood Plaza. The City Manager stated that the staff is currently reviewing this item. (4) A memo from Mike Money, Senior Planner, providing an update on the status of the 1984 Community Development Block Grant for neighborhood revitalization, per the Commission's I request. (5) An article from the Hungry Horse News concerning the City of Columbia Falls' default on SID bonds, as submitted by Maxine Penttila. (6) A letter from Jody May concerning the fence along the linear park near Ice Pond Road. (7) A letter from Mrs. Edna Pratt stating opposition to cloud seeding for Bridger Bowl. (8) A copy of a letter which has been sent to all property owners with delinquent assess- ments, for this year as well as past years. The City Manager indicated over 400 letters have been sent as reminders of the delinquencies. He noted this item was addressed in the Management Letter. (9) Correspondence with the Cemetery Board concerning establishment of a Cemetery Special Revenue Fund for repair of headstones and other special projects. .;1 (10) A letter to the editor from R. Choate concerning the recreation program. (11) Notes on the Montana League of Cities and Towns Legislative Committee held on Friday, August 15, in Helena, as submitted by Commissioner Vant Hull. The City Manager noted it is imperative to get input on various items to Alec Hansen at the League office as soon as possible. He suggested that he and the Director of Finance meet with one or two Commissioners on Friday to discuss possible legislative items. Commissioner Stiff and Commissioner Vant Hull indicated they would attend the meeting. Commissioner Vant Hull noted that the committee reviewed a proposed change in the license fee structure for video draw poker machines at the meeting, indicating that is one item the I Commissioners may wish to closely review. Mayor Mathre indicated that Rep. Bob Ellerd wishes to address the Commission concerning the legislation for video draw poker machines; and the Commissioners directed the Clerk of the Commission to contact him to determine when he could address the Commission. (12 ) The agenda and staff reports for the Zoning Commission meeting to be held on Tuesday, August 26, 1986. (13 ) The City Manager presented to the Commission and the City staff the plaque from the GFOA for the Certificate of Conformance. He noted that Director of Finance Gamradt and 08-25-86 378 his staff worked very hard to get this Certificate, for the second year in a row. The Commission thanked the Director of Finance and his staff for their efforts in obtaining this Certificate. (14 ) Commissioner Vant Hull indicated that she will place the information she obtaining at the MLCT Legislative Committee meeting next to the mailboxes for Commissioner review. (15) Commissioner Vant Hull stated that Alan Tandy, City Administrator in Billings, sent her a copy of the script for the slide show on local option taxes. She stated she will also lay that beside the mailboxes for Commissioner review. I Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Application for Gaming License - Molly Brown, 703 West Babcock Street - one video draw poker machme - through June 30, 1987 Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Consent Items be approved as listed, 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 Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Adjournment - 3 :40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission I 08-25-86