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HomeMy WebLinkAbout1985-01-21 10 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 21, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 21,1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sull ivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of January 14, 1985, were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Application for Raffle License - La Paloma - April 22, 1985; to be raffled is a ru valued at 500 - City Manager Wysocki presented to the Commission an application for a Raffle License, along with the required fee, submitted by James J. Rohrssen for "La Paloma (The Dove)" for a raffle to be held on April 22, 1985. To be raffled is a handwoven wool rug valued at $500.00. The City Manager stated that applications for Raffle Licenses are usually listed under the Consent Items; however, this application has been submitted by a business, with the proceeds to be utilized for nonprofit causes. Mr. Rohrssen stated the proceeds from the raffle will be divided equally among three causes (1) EI Salvador Refugee Aid, to provide emergency food and medical supplies; (2) Guatemala Refugee Aid, to aid the refugees in Honduras; and (3) Aid to Africa, to provide emergency food supplies in Ethiopia. He then indicated that La Paloma, a one-man business which sells handmade items from Central America, has donated the rug which is to be raffled. Mayor Weaver asked what percentage of the proceeds from the raffle wi II be contributed I to the nonprofit causes listed. Mr. Rohrssen stated 100 percent of the proceeds will be donated to the nonprofit causes. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Raffle License requested by La Paloma for a raffle to be held on April 22, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Authorize loan from the General Fund to the Water Fund to cover operatin deficits up to a maximum 0 23,79 City Manager Wysocki presented to the Commission a memorandum written by Director of Finance McKinney requesting authorization for a loan in the amount of $223,798.00 from the General Fund--Undesignated Reserve to the Water Enterprise Fund to cover operating deficits. The City Manager reminded the Commission that during the budgeting process, the staff indi- cated that there may be a cash shortfall in the Water Fund if increases in the water rates were not in place shortly after adoption of the budget. He then indicated the City is currently in the process of submitting an application to the Public Service Commission for increased water rates, with a hearing to be held in March. The City Manager indicated the transfer of monies from the General Fund--Undesignated Reserve to the Water Fund should be approved because the Water Fund is now utilizing bond proceeds monies for operations, which is not proper. Also, additional improvements to enhance the existing water facilities, for which the bonds were I sold, should be made as soon as possible. City Manager Wysocki stated that $223,798.00 is the amount of the anticipated shortfall listed in the budget. He then recommended that the Commis- sion approve this loan. Commissioner Vant Hull asked how long it will take the Water Fund to repay the loan. City Manager Wysocki stated the Water Fund will repay the loan as it can. He noted that will be an extended period of time; and that time will lengthen if the requested water rates are not approved in the very near future. He then stated the requested water rates include 01-21-85 11 the repayment of this loan. However, the repayment of any additional loans from the General Fund is not provided for in the requested water rate increases. Commissioner Jordan stated he feels the Commission's approval of the requested loan from the General Fund should indicate that the $223,798.00 is an estimate rather than a ceiling so that the administration has more flexibility. The City Manager stated he feels the $223,798.00 should be a maximum; and if additional I funds are needed, another request will be submitted to the Commission. Mayor Weaver stated the rate of repayment of the loan is of concern. He noted that this requested loan will decrease the City's reserve, which will limit the City's ability to budget for other items which may be needed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the loan of monies from the General Fund--Undesignated Reserve to the Water Fund in the amount of $223,798.00, to cover operating deficits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 10, T2S, R5E, City Manager Wysocki stated the Commission had deferred action on this Preliminary Plat to this date per the applicant's request. He then recommended that the Commission consider this item at this time. Senior Planner Mike Money presented the Staff Report. He stated the Valley Unit Sub- division, Phase IIA, is located in the East one-half of the East one-half of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian; and is more commonly situated between West Babcock Street and Durston Road, immediately east of Valley Unit Subdivision, Phase I. The subject parcel is 22.8 acres in size and would be divided into 64 single-family lots and 4 I multi-family lots. The Senior Planner stated the Valley Unit Subdivision originated in 1979; and the original approval included four phases. On January 17, 1982, the Preliminary Plats for Phase II, III and IV expired. An incomplete application for Phase II was submitted in April 1984; and a more complete application was submitted in July 1984. The Preliminary Plat, which divided Phase II into IIA and II B, was submitted in September; and the Planning Board considered Phase IIA at its meetings in October, November and December 1984. Senior Planner Money stated items addressed by the City-County Planning Board during those meetings include the high groundwater table, the need for extension of Meagher Avenue, stream relocation, and the traffic impact on West Babcock Street and Durston Road. He indicated the paved extension of Fallon Street to Fowler Avenue and the paved extension of Fowler Avenue to U.S. Highway 191 might help to relieve the traffic from this development. Senior Planner Money stated the City-County Planning Board recommended approval of the Preliminary Plat, subject to sixteen conditions, including negotiation of an Improvements Agreement for financing of improvements to West Babcock Street and Durston Road, since those streets are at or near capacity; and development of this phase will generate enough traffic to exceed capacity. The Senior Planner then stated the applicant's representative expressed concern that the Valley Unit Subdivision has been annexed but they are unable to develop the property because of the inadequacy of the off-site road systems. He stated the Planning Staff indicated that the act of annexation does not mean the off-site road facilities are adequate and does not obligate I approval of development until such time as off-site facilities meet minimum standards. Commissioner Mathre asked how much traffic congestion would be relieved by the improve- ment of Fallon Street and Fowler Avenue to U.S. Highway 191. Senior Planner Money stated the extension o,f Fowler Avenue may alleviate some of the traffic congestion on Durston Road and West Babcock Street. He stated the major problem with that access, as well as Ferguson Road, is that U.S. Highway 191 is a two-lane roadway with no turn bay; and a large portion of the traffic will turn left across the traffic to reach Bozeman. 01-21-85 12 Commissioner Mathre then asked if any progress has been made on an agreement for off-site improvements. City Manager Wysocki stated letters from Mr. Rick Kerin, consulting engineer, dated January 14, 1985, and January 18, 1985, attempt to address the off-site improvements. He noted copies of those letters were included in the information submitted to the Commissioners. He indicated that the City has made no demands for off-site improvements, but has only pointed out the inadequacy of the accesses on West Babcock Street and Durston Road. I Mr. Rick Kerin, representing Valley Unit Corporation, stated he is in general agreement with the conditions recommended by the City-County Planning Board. He noted one of the items of concern is when the sidewalks must be installed, indicating that he feels the sidewalks should be installed at the same time as the utility improvements are installed. Mr. Kerin stated the applicant realizes that the requested subdivision will create traffic impacts on West Babcock Street and Durston Road. He noted the City staff has done traffic projections; and that he completed traffic projections in 1980, when the Preliminary Plat was originally approved. Mr. Kerin stated the two sets of figures are very different. noting that he feels the accesses to U.S. Highway 191 along Ferguson Road and Fowler Avenue will alleviate the traffic impacts on West Babcock Street and Durston Road, noting that traffic will follow the path of least re- sistance. He then indicated the applicant is willing to participate in the improvement of West Babcock Street and Durston Road when the County and the City have reached an agreement on how those roadways are to be improved. Mr. Kerin did indicate that the Valley Unit Corporation cannot afford to pave Durston Road from North 20th Avenue to the Valley Unit Subdivision, widen West Babcock Street and install a traffic signal at the intersection of West Main Street and West Babcock Street, but they do recognize an obligation to participate to some extent. He also indicated the applicant will sign a Waiver of the Right to Protest for a Special Improvement District for the installation of a traffic signal at the intersection of West Main Street and West Babcock Street. Mr. Kerin then requested that the Commission approve the Preliminary Plat. Commissioner Vant Hull stated the City needs to know how much the Valley Unit Corporation would participate in the improvement of West Babcock Street and Durston Road. She also noted I that the additional traffic from the Valley Unit Subdivision will make it more difficult for those residents who live closer to the intersection of West Main Street to gain access to West Babcock Street. City Manager Wysocki stated that the present West Babcock Street and Durston Road are at capacity for the existing types of roadway; and approval of this Preliminary Plat would create an adverse effect. He noted that Phase IIA could accommodate 120 dwelling units at full development; and Phase II B could accommodate 256 dwelling units. Phase I at full development could accommodate 564 dwelling units; and a total of 125 units have been constructed at this time. Commissioner Jordan asked how long the frontage of the proposed project is along Durston Road. Director of Public Service Holmes indicated the frontage is not more than 800 feet. (Clerk's note: Following the meeting, Mr. Holmes checked the actual frontage of Phase IIA along Durston Road and found it to be 260 feet.) The Commissioner then stated he would prefer that the applicant indicate a dollar amount of part.icipation. Commissioner Anderson stated the memo from Engineering Officer Neil Mann dated October 3, 1984, indicates that the typical collector design for West Babcock Street would cost approxi- mately $583,000.00; and improvement of Durston Road wou Id cost approximately $540,000.00, totalling over $1 million for improving the two streets. Senior Planner Money stated those figures are very rough estimates; and they do not include costs for right-of-way acquisition, soils problems which may arise, or costs for utility easements. I Mayor Weaver asked about the design capacities on existing West Babcock Street and Durston Road. Director of Public Service Dick Holmes stated that safety and maintenance costs must be considered when determining if a road should be paved. He indicated that a road should be paved if it carries more than 500 average daily trips (ADT's); and points east of Valley Unit Subdivision presently exceed 600 ADT's. 01-21-85 1 ~ .0,.) The Mayor noted that development of Phase IIA or liB, or both, will increase the average daily trips by some amount, and will exceed the design capacity of the existing roadways. City Manager Wysocki indicated the State Statute allows sixty days for review of a Preliminary Plat. He stated the applicant has requested one extension from January 7, 1985 to January 21,1985. The City Manager then stated the Commission has three alternatives at this time: (1) approve the Preliminary Plat; (2) if the petitioner requests an extension in anti- I cipation of presenting a proposal on participation in the improvements of West Babcock Street and Durston Road, the Commission could accept that request and extend the decision-making process for the specified period of time; and (3) deny the Preliminary Plat based on the fact that the accesses are deficient and that development of this subject site would adversely affect the public health, safety and welfare of the community. The City Manager noted that if the appl icant requests a time extension, it may save going back through the entire process; however, no request for extension has been submitted as of this date. Mayor Weaver asked Mr. Kerin if he understood the process and wished to request a time extension. Mr. Kerin indicated he understood the process. He also stated that if he felt a short delay would allow the applicant's representative and the City an opportunity to negotiate an agreement for off-site improvements, he would offer an extension, realizing that the City and the County must also develop a formula for off-site improvements. Mr. Kerin then stated he has not yet requested a time extension. Commissioner Mathre stated that without something more substantive on the off-site impacts, she is reluctant to approve this Preliminary Plat. She also expressed concern that the existing roadway system will not handle the projected traffic impact from this subdivision. The Commissioner stated she would support disapproval of this Preliminary Plat unless the applicant requests a time extension and a more concrete agreement is reached between the applicant and the City. Commissioner Anderson stated she feels the application should be disapproved because of I the impact the additional traffic would have on the off-site roadway system and the fact that this subdivision would adversely affect the public health, safety and welfare of the community. Commissioner Jordan stated he also supports disapproval because it is not in the best interests of the community and would adversely affect the public health, safety and welfare. He also stated he feels that an agreement for improvements must be determined prior to the decision so that everyone knows exactly what has been agreed to. Mayor Weaver stated he is against this Preliminary Plat application because the data indicates that the average daily traffic count, even that of the applicant's engineer, would exceed the design standards of the off-site roads, the access is impeded to the subject site, and the subdivision would adversely affect the public health, safety and welfare of the commu- nity. Commissioner Vant Hull indicated she is opposed to the Preliminary Plat because it is her inelectible conclusion that the public's health, safety and welfare would be adversely affected by approval of this application. Mayor Weaver once again asked Mr. Kerin if he understood the process and asked if he wished to request a time extension. Mr. Kerin indicated that he understood the process; but he did not request a time extension. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission deny the Preliminary Plat for Valley Unit Subdivision, Phase !lA, based on the traffic impact to the off-site roads and determining that this subdivision would adversely affect I the public health, safety and welfare in the community. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Break - 5:00 to 5:10 p.m. Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 01-21-85 1 it Preliminary Plat review - Valley Unit Subdivision, Phase liB - Et EL Section 10, T2S, R5E, MPM (between U.S. Highway 191 and West Babcock Street, just east of Phase I) City Manager Wysocki stated the Commission had deferred action on this Preliminary Plat to this date per the applicant's request. He then recommended that the Commission consider this item at this time. Assistant Planner Marcia Elkins presented the Staff Report. She noted the Valley Unit Subdivision, Phase II B, is located in the East one-half of the East one-half of Section 10, I Township 2 South, Range 5 East, Montana Principal Meridian; and is more commonly situated between U. S. Highway 191 and West Babcock Street, immediately east of Valley Unit Subdivision, Phase I. The subject parcel is 33.0 acres in size would include a 9.0-acre park site; and the remainder of the property would be divided into 4 R-3--Medium-Density Residential lots, 16 R-4--Medium-Density Residential--Apartments lots, 18 R-5--High-Density Residential lots, and 1 T-R, Technology Research lot. The Assistant Planner stated that concern has been expressed about the transportation and circulation system for this subdivision. She noted that the projected traffic figures prepared by Mr. Kerin differ dramatically from those prepared by the City staff. She stated an alternate access along Ravalli Street to Fowler Avenue to U.S. Highway 191 may relieve some of the traffic congestion; but the most logical ingress and egress would be along West Babcock Street. Also, the access to U.S. Highway 191 would require a left turn across traffic to reach Bozeman. She also indicated some of the traffic from this subdivision may flow to Durston Road. Assistant Planner Elkins then stated that the City-County Planning Board recommended approval of the Preliminary Plat, subject to fourteen conditions. Mr. Rick Kerin, consulting engineer representing Valley Unit Corporation, stated the applicant is in general agreement with the conditions recommended by the City-County Planning Board. Mr. Kerin stated the applicant has agreed to provide an alternative access along Ravalli Street and Fowler Avenue to U.S. Highway 191, although that will require up-front costs with little benefit derived. He then indicated that he based his traffic projections on anticipated development of the lots, whi Ie the City projections are based on the highest use of the various I zoning districts. Also, his projections are based on the traffic using all available accesses, rather than the majority of the traffic utilizing West Babcock Street. Mr. Kerin then noted the Preliminary Plat for Phase II was submitted to the Commission in 1980-81 and was well received; however, the reaction to the Preliminary Plats at this time is negative, although few changes have been made. He indicated he does not understand the change of attitude. City Manager Wysocki expressed concern that West Babcock Street will not provide adequate access to the subject property and, therefore, would adversely affect the public health, safety and welfare in the community. He noted the alternate access along Ravalli Street and Fowler Avenue to U. S. Highway 191 would provide a fair solution for this portion of the development. Commissioner Mathre stated the traffic projections on West Babcock Street from the subject subdivision vary dramatically, with the City staff projecting 2050 ADT's and Mr. Kerin projecting 262 ADT's. Mr. Kerin stated his traffic projections assume that the traffic will utilize the two accesses to U. S. Highway 191 along Ferguson Avenue and Fowler Avenue as well as West Babcock Street and Durston Road, while the City staff has assumed that the residential traffic will utilize West Babcock Street for access, and those in the T -R zone will utilize the access to U. S. Highway 191. Mr. Kerin further noted his traffic projections were prepared in 1980, when the original Preliminary Plat was submitted to the Commission; and they are based on the anticipated development of the subdivision, not on the highest use possible in each zone. I Commissioner Mathre noted the City staff feels that, although an alternative access is to be provided to the subdivision, the impacts on West Babcock Street would be above the capacity of the roadway. City Manager Wysocki stated that is correct. Commissioner Jordan noted that, even if alternative routes are provided, any additional traffic along West Babcock Street and Durston Road will be above capacity for those roadway systems. He stated that in the past, some affirmative actions were taken by the Commission, although they realized that the roadway systems were at or above capacity. The Commissioner 01-21-85 1 r- .J stated he feels the roadway improvements should be addressed prior to approval rather than after a subdivision has been approved. Commissioner Jordan then noted the applicant has indicated a willingness to work with the City in determining the amount for which the developer will be responsible, and then questioned why the applicant did not wait until that determination had been made before submitting the Preliminary Plat application. Mr. Kerin stated the County and the City have not determined the typical sections for I the roadways in question. He stated if the City standards are to be used, it will create a financial hardship on those involved. Mr. Kerin stated those decisions must be made before a dollar amount can be established as the developer's share. Mayor Weaver noted the disparity in the traffic projections for West Babcock Street as submitted by the City staff and Mr. Kerin. He stated he feels the engineering estimates sub- mitted by the applicant are unrealistic, and that the major burden of the traffic generated will fall on West Babcock Street. The Mayor then asked Mr. Kerin if he understands the process and wishes to request a time extension. Mr. Kerin indicated that he understands the process, but he did not request a time extension. Commissioner Jordan stated he supports denial of the Preliminary Plat application because of the inadequacy of West Babcock Street, resulting in an adverse effect on the public health, safety and welfare of the community. Commissioner Mathre indicated she does not support approval of the Preliminary Plat for the reasons I isted by Commissioner Jordan. Mayor Weaver stated he supports denial because the City's traffic projections indicate a dramatic increase in traffic on West Babcock Street, which will be beyond its capacity; and the proposed development is not consistent with the general health, safety and welfare of the community. Commissioner Anderson stated concurrence with the Mayor's comments. I Commissioner Vant Hull stated she feels the health, safety, welfare and general interests of the public are in serious jeopardy if this Preliminary Plat is approved. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission deny the Preliminary Plat for Valley Unit Subdivision, Phase II B, based on the traffic impact on West Babcock Street and determining that this subdivision would adversely affect the public health, safety and welfare in the community. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - Ordinance No. 1171 - sidewalk snow removal City Manager Wysocki presented Ordinance No. 1171, as revised by the City Attorney, entitled: ORDINANCE NO. 1171 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS; PROHIBITING DEPOSITING OF SNOW AND ICE IN CERTAIN PLACES; AND IMPOSING PENAL TIES. City Manager Wysocki submitted to the Commission a memo dated January 21, 1985 out- lining the logical steps which would be followed if this Ordinance is adopted. He also suggested some changes in the revised Ordinance, indicating that he found some questions as he prepared the memo. The City Manager also stated that implementation of the following five steps would require hiring of an additional part-time person: (1) noting chronically unshoveled I sidewalks; (2) contacting resident that the snow should be cleared within 24 hours, possibly through use of a door hanger; (3) contacting someone from a list of "contractors" to remove the snow after 24 hours; (4) review site to see if adequately cleared; (5) bill occupant/owner the costs plus $20.00 or 20 percent, whichever is greater; and (6) if not paid by October of the ensuing year, place on the assessment rolls or with a collection agency. The City Manager also indicated the alternative of taking a chronic violator to City Court must remain in the Ordinance for it to be effectively enforced. 01-21-85 lG Commissioner Anderson expressed support for the City Manager's approach and stated she feels the Ordinance should be adopted. Commissioner Vant Hull stated she feels the elderly and the handicapped should be exempted from the Ordinance and submitted proposed language for a revision. City Attorney Crumbaker-Smith stated that to exempt certain persons from the require- ments of the Ordinance would invalidate the entire Ordinance. Commissioner Vant Hull then suggested that the Commission adopt a policy that persons I over sixty or handicapped would be exempt from the Ordinance. Mayor Weaver stated the Commission cannot adopt a policy which is in direct conflict with an Ordinance which it has just adopted. Commissioner Mathre stated enforcement is important; and that is the area that was most criticized during the public input. She noted the enforcement will require additional personnel, which has not been budgeted. She then asked if that will create any particular problems. City Manager Wysocki stated he has not attempted to determine the costs that would be involved. He did note that the individual hired or retained must have a way to check the sidewalks, whether it be in a City vehicle or his/her own vehicle on which the City would pay mileage. He also noted the individual must be available to work at any time there is a snow- storm. The City Manager then indicated that the 20 percent penalty seemed appropriate during preparation of the new Ordinance. However, that converts to a $1.00 penalty if the actual cost is $5.00 or a $2.00 penalty if the actual cost is $10.00. He noted that would not provide a deterrent, which the suggested $20.00 penalty wIll do. Commissioner Jordan stated he feels that retaining one or more persons on a contract basis would be the most economical way to enforce the Ordinance. He indicated that he feels that enforcement on a complaint basis should be avoided. The Commissioner also noted that common sense must be used in following the steps for enforcement. Mayor Weaver noted the City has a substantial amount of sidewalks to clear; and it may be difficult to maintain those sidewalks in the same manner as the City is requesting residents I and businesses. City Manager Wysocki indicated that the enforcement individual will check for substantial completion of snow removal. He noted the City may wish to consider purchasing snow removal equipment to provide clearer sidewalks than the existing equipment allows. The City Manager then reminded the Commission that the reason for the Ordinance requiring sidewalk snow removal is to provide a safe pathway for those individuals who choose to walk during the winter. Commissioner Anderson asked if the City will be responsible for clearing the sidewalks along Kagy Boulevard. She noted many people are interested in walking and jogging along Kagy Boulevard; and the cross country skiiers may need to find another place to ski. Commissioner Vant Hull suggested that the sidewalks along one side of Kagy Boulevard be cleared for those who choose to walk or jog; and the other side not be cleared so that the cross country skiiers may use it. Mayor Weaver asked about the cost of equipment for snow removal. He noted that he had raised the question at last week's meeting; and action had been deferred for one week so that the entire Commission would be present. The Commission concurred that the cost of sidewalk snow removal equipment should be determined as soon as possible. Commissioner Jordan stated he would like an estimate of the costs of enforcing the revised Ordinance, including the projected personnel costs. Mayor Weaver requested that the final draft of the Ordinance be placed on next week's agenda for possible adoption. Pledged Securities as of December 31, 1984 I In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Mathre and Commissioner Vant Hull had examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Securities was found to be in order. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of 01-21-85 17 December 31, 1984; and a list of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES December 31, 1984 RATE MATURITY RECEIPT NO. TOTAL AMOUNT I FI RST BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: U. S. Treasury Bills 9.625 2/28/85 9020-6892 175,000.00 U.S. Treasury Bills 3/28/85 50,000.00 Gallatin Co, MT, Ser 1976 Airport Auth. 8.00 1/01/86 70,000.00 Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 140,000.00 Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00 NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00 Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 Bozeman, MT, GO 4.70 1/01/90 45,000.00 Bozeman, MT, GO 4.80 1/01/91 45,000.00 Bozeman, MT, GO 4.90 1/01/92 45,000.00 WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 115,000.00 WA St Ser R GO 5.40 4/01/93 185,000.00 Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 75,000.00 Maryland Var Purp 4.30 11/15/85 50,000.00 Oregon Var. Purp 5.60 7/15/93 0265 150,000.00 Cook County Illinois 5.75 11/01/93 0265 200,000.00 I Anne Arundel 5.70 2/01/94 0265 150,000.00 Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00 TOTAL - First Bank - Bozeman $2,577,000.00 FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with United Bank of Denver: State of MT, Ex Officio Reg., Mont. Univ. System 4.625 1/01/86 3819 15,000.00 Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 5.50 12/30/86 3822 13,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 1 8 , 1 00. 00 5.50 12/30/86 3825 18,100.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #287 7.00 1/01/91 6524 8,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Town of Belgrade 6.60 1/01/88 6771-SK201895 39,000.00 I City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 6.90 6/01/93 II II 50,000.00 Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 Vail, CO, Land Transfer Tax Anticipation Warrants 8.75 12/01/87 SK119286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 01-21-85 ----~- 18 Unita County S.I.D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK149545 120,000.00 Bozeman, MT, S.I. D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 Trusteed with Northwestern National Bank of Minneapolis: Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00 I Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 4.50 8/01/85 5020 30,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOT AL - First Security Bank - Bozeman $2,141,200.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/85-86 H951 12,500.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 County of Petroleum, MT Sch. Dist. #159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00 City of Boulder, MT, GO Bd. 4.71 2/15/85-87 H949 12,600.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/85-89 H 1127 5,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 I 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser " Thomas, TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/85 H 1 044 2,500.00 5.00 11/01/86 H 1 045 2,500.00 5.00 11/01/87 H 1 046 2,500.00 U.S. Treasury Notes 10.625 8/31/85 H731 10,000.00 U. S. Treasury Notes 10.625 8/31/85 H729 90,000.00 North Slope Boro GO 6.75 11/01/88 944 100,000.00 Grand Forks RFDG Imp. 5.40 5/01/89 945 100,000.00 Southgate Water Dist. RFDD 6.00 9/01/90 942 100,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 943 120,000.00 Gaithersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00 Sub Total - Montana Bank of Bozeman, Montana $ 897,725.00 Pledging Amendment to Repurchase Agreement: Federal National Mortgage Assn. 7.95 7/10/86 200,000.00 FNMA, Discount Notes 11 . 44 3/21/85 300,000.00 U.S. Treasury Notes 14.00 6/30/85 250,000.00 TOT AL - Montana Bank of Bozeman - Bozeman $1,647,725.00 FI RST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 I Trusteed with First National Bank of Minneapolis: U. S. Treasury Notes 10.625 7/31/85 9893 200,000.00 U.S. Treasury Notes 9.625 2/28/85 9886 100,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 300,000.00 01-21-85 19 WESTERN BANK OF BOZEMAN - BOZEMAN Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with American National Bank & Trust Co.: U. S. Treasury Notes 10.875 12/31/85 360433 300,000.00 I U. S. Treasury Notes 10.875 12/31/85 359309 200,000.00 TOT AL - Western Bank of Bozeman $ 500,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C. A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, the American National Bank & Trust Co., for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of December 31, 1984, by the several banks of Bozeman and approve and accept the same. KENNETH L. WEAVER, Mayor JUDITH A. MATHRE, Commissioner ANNE F. ANDERSON. Commissioner MARY B. VANT HULL, Commissioner I DENNIS E. JORDAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Appointments to Board of Adjustment Commissioner Mathre noted that the Commission has received several applications for the three Boards and Commissions upon which vacancies occur. She then noted that if action is not to be taken today, temporary appointments must be made so that the Board of Adjustment and the Zoning Commission may continue with their business. Mayor Weaver indicated he will assume the Mayor's authority for temporary appointments if no action is taken today. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the appointments to the Board of Adjustment be tabled for a period of one week to allow the Com- missioners an opportunity to review the applications which have been received. The motion carried by the following. Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Mathre. Appoi ntments to Cemetery Board I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the appointments to the Cemetery Board be tabled for a period of one week to allow the Commissioners an opportunity to review the appl ications which have been received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. 01-21-85 20 Appointments to Zoning Commission It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the appointments to the Zoning Commission be tabled for a period of one week to allow the Commis- sioners an opportunity to review the appl ications which have been received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Authorize Mayor to sign - Change Order No.3, Group "I, Schedule 2, Water System Improvements - Edsall Construction Company - deduct $200 Claims It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Consent Items as listed above 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 Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Recess - 6:00 p.m. Mayor Weaver declared a recess at 6:00 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 - 7:00 p.m. Mayor Weaver reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Continued public hearing - Conditional Use Permit - Willowwood Partners - allow construction of I 59 efficiency apartment condominiums on Lot G and portions of Lots H, I and K, Guy's Second Addition (south end of Dell Place) This was the time and place set for the public hearing on the Conditional Use Permit requested by Willowwood Partners to allow the construction of fifty-nine efficiency apartment condominium units on Lot G and portions of Lots H, I and K of Guy's Second Addition. This site is more commonly located at the south end of Dell Place. City Manager Wysocki submitted to the Commission a letter from Mr. James Lenon, Willow- wood Partners, requesting that this continued public hearing be continued to February 4, 1985. The City Manager noted that the public hearing had been opened at the Commission meeting of January 7, 1985, and recommended that the Commission acknowledge receipt of this letter and continue the public hearing as requested. It was moved by Commissioner Mathre I seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of, and approve, the applicant's request that this continued public hearing be continued until February 4, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Public hearing - applications for UDAG funding for the first quarter 1985 This was the time and place set for the public hearing on applications for Urban Development Action Grant funding for the first quarter of 1985. Mayor Weaver opened the public hearing. I City Manager Wysocki stated that notice of this meeting was published in the January 10, 1985 issue of the Bozeman Daily Chronicle; and the affidavit of publication is on file in the office of the Clerk of the Commission for the City of Bozeman. The City Manager then stated that he had conducted a public hearing as Hearings Officer on January 15, 1985; and the minutes for that meeting have been distributed to the Commissioners for their review, and are on file in the office of the Clerk of the Commission as a part of the permanent record. He then indicated that only one letter of proposal for UDAG funding was received in the office of the 01-21-85 21 Clerk of the Commission prior to 5:00 p.m. on January 15, 1985; and no other letters of proposal have been submitted prior to this public hearing. City Manager Wysocki stated that Mr. Adolph Solvie made a presentation during the public hearing held on January 15, 1985. He requested that the City submit an application for UDAG funding for a convention hotel complex to be located just off North Seventh Avenue, approximately at West Oak Street extended, in Bozeman. The City Manager then stated that I Mr. Solvie has a representative present at this meeting to give a brief presentation. Mr. John Taylor, Architect for the project, indicated that he is representing Mr. Adolph Solvie and Mr. Dan Felska, appl icants for the UDAG funding. He stated the proposed project is a 95, OOO-square-foot convention hotel complex. The convention facility will seat in excess of 500 people comfortably. He also stated the facility will contain a 131-unit motel, restaurant, lobby, atrium and other public facilities. The City Manager noted that the UDAC monies would supplement the funds from the Industrial Development Revenue bond issue which the Commission has approved. He noted that Mr. Solvie indicated in the public hearing of January 15, 1985 that the proposed project will cost approximately $6 mi II ion. He also noted the project wi II be located on an ll-acre site, which will provide adequate area for parking, landscaping and amenities for the project. Mayor Weaver noted the City has required a minimum of $1 million in other funding to supplement the IDR bond issue. He stated if this application for $500,000.00 in UDAG monies is successful, the developer must finance another $500,000.00 through a different funding source. City Manager Wysocki stated the previous application for this project, submitted in May 1984, was for $1 million. He also noted that the developer may finance the $1 million, which the City has required for the IDR bond issue, through Letters of Credit, cash, UDAG funding or a combination of the three. The City Manager then stated the Denver Regional Office of HUD has indicated that if this application is approved, the UDAG funding will probably be between $300,000.00 and $400,000.00. Mayor Weaver noted the estimated cost of this project is now listed at $6 million; but at I publ ic hearings last summer the estimated cost was listed as approximately $8.4 mi II ion. Mr. John Taylor stated that the size of the building has been decreased from 128,000 to 95,000 square feet. He also noted that the construction cost estimates are now much closer to actual costs than previously. Mr. Taylor then stated approximately 24,000 square feet has been eliminated from the motel portion, a large portion of which was the proposed fourth floor shell; 4,000 to 6,000 square feet has been eliminated in the restaurant and lobby area; and approxi- mately 4,000 square feet has been eliminated from the motel support facilities. Mr. Taylor then stated the convention center portion of the project has remained the same size as was previously discussed. He then noted this project will increase the tax base in Bozeman; and it will create approximately 100 full- and part-time jobs for low- and moderate-income persons. Mayor Weaver stated that with the decrease in the motel area, this facility will be more of a convention center and conferencing facility than the original proposal. City Manager Wysocki stated the postmark deadline for submission of applications for the next round of UDAG funding is January 31, 1985. He noted that by February 15, 1985 the Denver Regional Office of HUD will review the applications and request additional information. The additional information for a complete proposal must be submitted by March 15, 1985; or the application will be held until the next round of consideration. He indicated the decision on this round of applications will be made on or about April 1, 1985. The City Manager then stated all three phases of the Laventhol and Horwath feasibility study have been completed. Commissioner Vant Hull asked if progress has been made on financing of the project. Mr. Taylor stated progress is being made, but no firm commitments have been made to I date. He then noted that the MIA has completed a certified appraisal of the project from the drawings, indicating that the value of the proposed project is in excess of $6 million. He stated that appraisal is required by lending institutions. The City Manager reminded the Commission that financing for this type of project is difficult to finalize. Mayor Weaver asked if the affiliation with Sheraton is still in place. Mr. Taylor in- dicated that Sheraton has not withdrawn its affiliation with the project. Mayor Weaver closed the publ ic hearing. 01-21-85 -~-- . --- -----------. .-- 22 City Manager Wysocki recommended that the Commission authorize submittal of this applica- tion by the January 31, 1985 deadline, since no other proposals have been submitted and the applicant continues to make progress on financing for the convention motel complex. The Mayor noted that this project now appears to be more convention center than motel complex; and the scale down of the motel area will probably be viewed as an improvement by the local motel industry. Commissioner Jordan stated opposition to submission of the application because (1) the I Commission should consider how the project affects the entire City; and he feels the project would be better located in the downtown area, where many business would benefit, than on North Seventh Avenue, where a few businesses will benefit; and (2) the Commission should consider the effects this project would have on City services, particularly because of the proposed location. The Commissioner stated he would like to see this type of project developed in the downtown area; and if the applicants wish to construct this project on North Seventh Avenue, they should do so without City help. Commissioner Vant Hull noted that if the City receives up to $500,000.00 in UDAG fund- ing, that will benefit the entire City. Mayor Weaver noted the loan of federal monies to the City through this UDAG application is to be repaid by the applicant. He noted those monies would then be available as leverage and support of development in the downtown area or for improvement to the infrastructure, which the City is unable to provide at this time. He also stated that the investment of $6 million in private capital will have a significant effect on the City's tax base. The Mayor noted that tourism is a natural in this area and is the best type of industry to be attracted. He then indicated the extension of adequate City services to the subject area along North Seventh Avenue is a concern that must be considered. Commissioner Jordan stated one of his concerns is how much convention business this convention motel complex would really bring to Bozeman. He questioned how much additional money the project would bring to Bozeman, and how much it would adversely affect the existing businesses. I Commissioner Anderson stated the need for additional monies, such as the UDAG funding, is critical to Bozeman. The Commissioner also stated she does not feel any difference should be distinguished between the downtown area and the fringes of the community. She noted once the loan is repaid, the UDAG monies could be used in the downtown area for other projects. She stated that support of this application is to support the tourism industry and for the good of the community. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize submittal of an application, for up to $500,000.00 in Urban Development Action Grant monies for the Felska-Solvie convention hotel complex, to the Denver Regional Office of Housing and Urban Development by the January 31, 1985 deadline. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Jordan. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the memo to the Audit Committee, along with a tabulation of audit proposals received. (2) A copy of the agenda for the Zoning Commission meeting, along with the minutes from the December meeting. (3) The City Manager announced that the League of Cities and Towns is conducting a I "Local Government Day" in Helena on Friday, January 25, in conjunction with the Association of Counties. He also announced that the Urban Coalition will meet in Helena at noon on Thursday, January 24. (4) Commissioner Mathre stated the "Local Government Day" will begin at 10:00 a.m. on Friday, with a meeting in the Governor's office, and an opportunity to visit with various legislators in the afternoon. She also stated the Executive Board for the League of Cities and Towns will meet at 3:00 p.m. on Friday. 01-21-85 ------- ~ - -~ - -- - --- --- 23 (5) The Commission reviewed upcoming legislation. Commissioner Mathre stated the Block Grant Program will be heard in the Committee meeting on Thursday afternoon. Commissioner Anderson stated HB189, concerning hazardous materials, would be helpful for local governments. Commissioner Vant Hull submitted to the Commission an updated list of bills which are I under consideration. She noted HB263, providing that local governments pay interest on over- due accounts, should be carefully reviewed to determine whether opposition or support should be organized. City Manager Wysocki stated he had placed a copy of the status of bills as of January 17, 1985, going through the Local Government Committee for the House on the Commissioners' desk. Commissioner Anderson expressed concern about HB53, which would void a Waiver of Protest of Annexation at the time the property is sold to another individual. City Manager Wysocki stated the body of that bill has been struck, but the title and number remain. He stated he wi II monitor that bi II carefully. Mayor Weaver stated intent has been expressed to submit a bill legalizing the "Draw 80" poker machines. Commissioner Vant Hull stated HB253 should be reviewed to determine whether SI D1s are included in the bill's provisions for an increased interest rate on delinquencies. Commissioner Anderson stated the Commission should support the bill for establishment of a blue ribbons commission to look at the income tax structure. City Manager Wysocki stated HB170 provides for the Block Grant Program. He noted the City shou Id support that bi II. (6) Commissioner Jordan noted the next scheduled evaluation of the City Manager is rapidly approaching. Mayor Weaver requested that extension of the City Manager's contract agreement be I placed on next week's agenda for discussion. (7) Commissioner Jordan stated the Department of Health and Environmental Sciences has distributed information on an energy conference to be held in Virginia. He stated he wi" contact Helena to see if anyone from there plans to attend. Commissioner Anderson suggested the City may wish to obtain tapes of the conference if they are avai lable. Adjournment - 8:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 01-21-85