Loading...
HomeMy WebLinkAbout1986-09-22 .417 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 22, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 22, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Martel requested that the claims be removed for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 15, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. delinquent special assessments to the County City Manager Wysocki presented Commission Resolution No. 2627, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2627 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT IN- STALLMENTS PREVIOUSLY DUE AND PAYABLE FOR SPECIAL IMPROVEMENT DISTRICTS 621,622,623,624 AND 625, AND UNPAID, DELINQUENT, AND DECLARING ALL PAYMENTS OF SUBSEQUENT SPECIAL ASSESSMENT IN- I STALLMENTS FOR THE ABOVE-NAMED DELINQUENT ASSESSMENTS, ALSO DELI NQUENT, PURSUANT TO SECTIONS 7-12-4182 AND 7-12-4183, MONT ANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE. City Manager Wysocki noted that the list of delinquent assessments to be certified to the County has been prepared; and a copy of that list was submitted to each Commissioner just prior to the meeting. He then recommended that the Commission adopt the Resolution. Mayor Mathre asked if all of the delinquencies contained on the list involve the Valley Unit Corporation. Director of Finance Gamradt stated that all delinquencies for Valley Unit Corporation from 1982 to present are included on the list, as well as delinquencies for private owners for assessments due but not paid in November 1985 and May 1986. Commissioner Martel asked if the Resolution and the list certify only delinquencies to the County, without accelerating the outstanding balances. The Director of Finance stated that the subject special assessments have not been accelerated. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2627, certifying delinquent special assessments to the County (for Valley Unit Subdivision). 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. I Request from MSU Endowment and Alumni Foundation for extension of six-month period for final review of CUP for Advanced Technology Park City Manager Wysocki presented to the Commission a memo from Assistant Planner Skelton concerning the request from the Endowment and Alumni Foundation of Montana State University for an extension of the six-month period for final review of the Conditional Use Permit for the Advanced Technology Park. Assistant Planner Dave Skelton stated that the Conditional Use Permit provides for the implementation of developmental guidelines for the Advanced Technology Center, including a pro- vision for payment of cash-in-Iieu-of-taxes. He noted that agreement has not been completed 09-22-86 418 by the attorneys for the City and the Endowment and Alumni Foundation for that item. He indi- cated most of the other conditions for approval of the Conditional Use Permit have been addressed. The Assistant Planner then reminded the Commission that this request applies to the Condi- tional Use Permit only and does not affect the preliminary plat or its rephasing. He then noted that the applicant has until December to file the final plat for this subdivision; and the staff would have no problem with extension of the Conditional Use Permit to coincide with that process. I It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion grant the MSU Endowment and Alumni Foundation a six-month extension of the period for final review of the Conditional Use Permit for the Advanced Technology Park. 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. Discussion - rephasing of improvements to North Third - Homestead Subdivision - Lowell Springer City Manager Wysocki presented to the Commission a request from Lowell Springer for rephasing of the Homestead Subdivision improvements to North Third Avenue. The City Manager reminded the Commission that the subject Planned Unit Development is located at the southwest corner of North Third Avenue and West Tamarack Street. Assistant Planner Dave Skelton reminded the Commission that the preliminary plat for this project was approved late last year, with the project being divided into two phases; and subsequently a Conditional Use Permit for a minor Planned Unit Development for this project was approved. He noted that under the current conditions for the preliminary plat, North Third Avenue is to be paved from the southern edge of the private driveway to West Tamarack Street during Phase I, with the remainder to be completed prior to any development in Phase II. The Assistant Planner stated that the applicant is requesting that the conditions for approval be changed to require that all of North Third Avenue be paved at the same time, and that those improvements not be required until just prior to occupancy of the first unit in Phase II rather than prior to any development within that phase. He then indicated that the Planning I Board recommended approval of the request, subject to four conditions. Mr. Lowell Springer, architect for the development, stated that this request will provide a slightly longer period for installation of the paving along the north 100 feet of North Third Avenue so that the entire street can be paved at once instead of trying to match existing paving, curb, gutter and sidewalk during Phase II. Mr. Springer noted that the Letter of Credit for the first phase must be renewed in October 1986; and he would like to remove the improvements already installed from that Letter of Credit as well as make any changes in the required improve- ments in the new Letter. Commissioner Vant Hull noted that this project was to be targeted toward older individuals and handicapped individuals. She then indicated a desire to see the sidewalk along West Tamarack Street installed as soon as possible to accommodate those individuals. Mr. Springer stated his intent is to install the sidewalk as soon as possible, reminding the Commission that it is actually to be a paved walkway since the existing street has not yet been totally improved. Commissioner Martel asked if any of the units have been sold or occupied. Mr. Springer stated that the final plat has not yet been signed; therefore, the units can- not yet be sold or occupied. Planning Director Steve Lere noted that under existing conditions for the project, the north 100 feet of North Third Avenue must be paved by August 30, 1987; and the requested extension would be to September 15, 1987 unless the developer begins construction on Phase II prior to that date. I Mr. Lowell Springer reminded the Commission that the use of a Special Improvement District was not contemplated for the improvements to North Third Avenue. He stated that some of the residents in the area have expressed an interest in upgrading West Cottonwood Street and West Aspen Street. He noted it might be in the best interests of that area to create a Special Im- provement District to address all three streets at the same time. City Manager Wysocki recommended that the Commission approve the rephasing of improve- ments to North Third Avenue, with the four conditions recommended by the City-County Planning Board. 09-22-86 4Jg It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the request for rephasing of improvements to North Third Avenue for the Homestead Subdivision, with the following conditions as recommended by the City-County Planning Board: 1. That North Third Avenue be improved from West Tamarack Street, one hundred feet south, to the entry of Phase I with curb, gutter and sidewalk, prior to September 15, 1987; 2. That the Letter of Credit for Phase I (Letter of Credit No. 1986-2) be I extended to provide a method of security to the City of Bozeman until November 15, 1987; 3. That North Third Avenue be improved from the entry of Phase I (one hundred feet south of West Tamarack Street) to West Peach Street, with curb, gutter and sidewalk, prior to occupancy of the first living unit in Phase II; 4. That a new Improvements Agreement, with the above conditions incor- porated, be compiled and endorsed by the applicant and the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Discussion - proposals submitted by Recreation Advisory Board City Manager Wysocki presented to the Commission a memo from the Recreation Advisory Board along with three proposals which were presented at the Commission meeting held on May 19, 1986. He noted that Recreation Superintendent Sue Nevi lie is present, but none of the Recreation Advisory Board members are present. Commissioner Vant Hull suggested that this item be tabled to the next evening session so that the Board members can attend. Mayor Mathre requested that this item be placed on next week's agenda, following the public hearings to be held in the evening. I Reconsideration of action taken on sale of bonds and award of construction bids for SID Nos. 649, 650 and 651 City Manager Wysocki noted that the Commissioners received a memo from City Attorney Crumbaker-Smith in the packet listing the four options the Commission has for calculating the amount of properties held in limited ownership in the subject Special Improvement Districts. He then presented to the Commission a letter from Mr. Don White requesting reconsideration of the previous Commission action taken on the sale of bonds and award of construction bids for Special Improvement District Nos. 649, 650 and 651. He noted the attachments to that letter include letters of bid extension to October 6, 1986, from the construction companies submitting the low bids, as well as an extension from the bond purchaser to October 1, 1986, and an updated list of properties currently held in individual ownership. Mayor Mathre asked the Commissioners if they wish to reconsider their previous action; and each of the Commissioners concurred. Mr. Don White, attorney representing Roger and Rosalind Smith, reminded the Commission that the written bond opinion on this bond issue was received on August 29, which did not provide sufficient time for reaction prior to the September 2 meeting. He then noted that 43.39 percent of the property has been sold, leaving 57.61 percent in Smiths' ownership. He stated one of the lots is an R-4 zoned lot, containing 120,000 square feet so that it can be developed as a Planned Unit Development if so desired. He noted that under the City's current policy, any lot over 110,000 square feet within this subdivision would not qualify for individual ownership; and I if that interpretation is held literally, the ownership would never go below the 40 percent level. Mr. White then asked that the Commission consider up to 10 percent ownership as individual, with the remainder being considered as limited ownership, since the large lots were established through good land use planning. Mr. White encouraged the Commission to approve the sa Ie of bonds and award of construction bids for this subdivision. He reminded the Commission of the need for a mobile home subdivision, noting there are no such subdivisions in the Bozeman area. He also noted that a current survey of the four mobi Ie home parks close to Bozeman revealed that the lot rents range from $146 to 09-22-86 42U $158 per month; and the three parks closest to the city have a total of seven vacancies. He noted that the lots within the mobile home parks are about one-half the size of the lots within this subdivision; but the monthly payments would generally be $160 to $180. Don White then stated that if the lots did not sell as anticipated, they could be rented, leased, or leased with an option to buy for $150 per month, generating $118,000 per year which would meet the costs of these Special Improvement Districts. He indicated that the rental of lots would be the last option for generating revenue if the sale of lots does not occur. I Commissioner Stiff expressed reservations about awarding the bond sale and construction bids for this project. He indicated that additional information he would like to review before making a decision includes the names of those involved in the purchase of the large lot, a list- ing of those involved in the Notices of Purchaser's Interest for the lots, and a financial state- ment on Roger and Rosalind Smith. Mr. White stated that he has provided the Notices of Purchaser's I nterest to the City staff; and he will need to receive consent from Mr. and Mrs. Smith prior to releasing their financial statement, which has been provided to the bond purchaser. Commissioner Jordan expressed concern about discussion of the pOSSible leasing of lots, noting that he does not want to see this project become a mobile home park. Commissioner Martel noted that this project was begun when the real estate market was more favorable. He then noted a number of mobile homes are currently on the market and ques- tioned whether these lots would sell as rapidly as anticipated. Mr. White reminded the Commissioners that there are no lots for mobile homes available within the city limits. He noted the subject subdivision is the only area where an owner of a mobile home can also own his lot. Mayor Mathre noted that the Commission has amended the Zone Code to allow mobile homes in specified zoning districts and asked if any have been instal1ed. Planning Director Lere stated that mobile homes meeting specific criteria are al10wed in all residential districts except the R-1 and R-2 districts; but he does not know of any that have been installed to date. I Commissioner Vant Hull noted the Commission has recently approved the creation of a Special Improvement District, with the bonds not to be backed by the City. She then suggested that approach could be possibly used in this situation. Commissioner Jordan stated that if the information submitted to the staff meets the re- quirements of the resolution, he has no problem with proceeding with this project. He then noted the one item that the Commission must address is whether the parcel containing over 10 percent of the property should be considered as an individual ownership. City Manager Wysocki cautioned the Commission that any changes made in the agreements for the escrow account and underlying collateral must be made carefully because the bids for the bonds have been based on specific financial arrangements. He then suggested that If the Commission wishes to proceed with this project, the maximum allowed under the I RS regulations be required in the escrow account. Mr. White stated under the current policy, one year's assessment would be required in the escrow account. He noted that the first year's payment would be approximately $116,000, which is lower than originally estimated because of the lowered bond sale amount and a lower interest rate than anticipated. Commissioner Stiff asked in what type of joint ownership the large lot is held. Mr. White stated it is held as tenants in common. He noted that under the City's current policy, it is considered as one ownership, no matter how many people are involved. Commissioner Vant Hull asked if any of those involved in the individual ownerships have any delinquent special assessments. The City Manager indicated that the staff has not checked I to determine if there are any delinquencies, but will do so. Commissioner Stiff stated he would feel more comfortable with an attorney representing the City present at the Commission meetings, particularly when this issue is being discussed. City Manager Wysocki suggested that if the Commissioners wish to review the Notices of Purchaser's Interest and the financial statement, they do so in the Clerk of the Commission's office, since some of that information is confidential. He then questioned the need to have an attorney present at the Commission meetings but indicated he would have one if requested to do so. 09-22-86 421 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission table action on this item for a period of one week to allow time for review of the various docu- ments. 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. I Appointment to Historic Preservation Advisory Commission - one vacancy (professional member) City Manager Wysocki presented to the Commission a memo listing six applicants for one professional member to serve on the Historic Preservation Commission. Commissioner Vant Hull stated she has not had an opportunity to review the applications and suggested that action be deferred for one week. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission table action on this item for a period of one week to allow the Commissioners an opportunity to review the appl ications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Com- missioner Martel and Mayor Mathre; those voting No, none. Claims City Manager Wysocki stated that Commissioner Martel had requested this item removed from the Consent Items. Commissioner Martel stated he does not support the payment of the $1,553.75 claim to Doug Andrus Distributing for road salt. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the claims as presented and that the Director of Finance be authorized and directed to pay said claims. 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. I Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the information sheet on CI27 as prepared by the State of Montana Depart~ ment of Revenue. Commissioner Martel expressed concern about the fact sheet, stating that he feels some of those facts and figures have been distorted and are misleading. (2) Minutes from the joint meeting with the City-County Planning Board, Zoning Commission, City Commission and County Commission. (3) The City Manager stated that five people from Bozeman attended the Highway Commission meeting held on Wednesday to request further consideration of a thi rd interchange for Bozeman. He indicated that the priorities will be established next month, if the monies currently ear- marked for the construction of interchanges are not redirected for use in the primary highway system. (4) The City Manager indicated that the Chamber of Commerce is planning to conduct a forum on CI27 and CI30 on Thursday evening. He stated the time and place for the meeting will be announced later. (5) Mayor Mathre submitted to the Commission a summary of the applications received for the 1986 Community Development Block Grant program. (6) Commissioner Martel stated he has received a letter concerning a sidewalk snow I removal bi II, which he will submit for inclusion in next week's packet for the public h~aring on this matter. (7) Commissioner Martel stated he has reviewed the information on the National League of Cities Congress of Cities to be held in San Antonio, Texas, on November 29 through December 3, 1986. He indicated that, although some of the sessions seem to be good, he does not feel that he can justify the estimated $1,200 it would cost to attend. He suggested that tapes for those sessions that would be pertinent to the City could be purchased after the Congress of Cities is completed. The Commissioner then indicated he would be wi lIing to reconsider his 09-22-86 422 position if the Commission feels it would be in the best interests of the City for someone to attend. (8) Commissioner Martel noted the Commission has received a copy of the final budget summary for Fiscal Year 1985-86. He then stated he feels a review of that document during a Commission meeting would be helpful. Mayor Mathre requested that this item be placed on next week's agenda for discussion. (9) Commissioner Jordan stated he will be absent from the meeting of October 14, 1986. I Commissioner Stiff indicated he will also be absent from that meeting. Mayor Mathre requested that these two absences be placed on next week's agenda for authorization. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Request for permission to close Main Street for Christmas Stroll _ 5:30 to 9:00 p.m., Friday, December 5,1986 Application for annual Bingo License - Bingo World, 237 East Main Street - tl1rough. June 30, 1987 Application for Gaming License - Bingo World, 237 East Main Street _ two electronic keno machines - through June 30, 19-87 Proclamation - "Fire Prevention Week" - October 5-11, 1986 Approval o! the Management Plan for Economic Development (King Tool Co. - CI1K( Loan) Authorize absence of City Manager Wysocki during week of September 29, 1986 to attend the I CMA -Conference; appoint Director of Finance Gamradt as Acting City Manager It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 3: 35 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. 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. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 09-22-86