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HomeMy WebLinkAbout1985-02-19 L1_ 9 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 19, 1985 ************************ The Commission of the City of Bozeman met In regular session in the Commission Room, Municipal Building, February 19, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki (for the first portion of the meeting), Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of February 11, 1985 were approved as submitted. None of the Commissioners requested that any of the Consent Items be removed for discussion. Open bids - purchase of one mechanical lifting device and 100 refuse containers This was the time and place set for the opening of bids for the purchase of one mechani- cal lifting device, ten sixty-gallon refuse containers and ninety ninety-gallon refuse containers. The City Manager reminded the Commission that the mechanical lifting device will be attached to one of the City's garbage truck for use in the pilot automated garbage collection system. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the purchase of one mechanical lifting device, ten sixty-gallon refuse containers and ninety ninety-gallon refuse containers be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. The following bids were then opened and read aloud. Total Bid I H-C-L Equipment, Inc. Billings, Montana (Heil) $10,745.00 H-C-L Equipment, Inc. Billings, Montana (Dye Plastics) $10,628.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. 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. variance to Si n Code - McDonald's Restaurant - place 65-foot si n on eight restriction City Manager Wysocki stated that action on the request for variance to the Sign Code submitted by Rainbow Signs on behalf of McDonald's Restaurant was tabled at last week's meeting in order that the applicant could be present to answer questions of the Commission; and the matter is now before the Commission as a result of that action. He noted the variance request is for the proposed McDonald's Restaurant, which is to be located at 822 Wheat Drive. The City Manager noted that the Sign Code places a height restriction of 60 feet on all signs located within 1,000 feet of Interstate 90; and the proposed sign would be 65 feet above ground level. I Mr. Bill Todd, owner of Rainbow Signs, stated the original intent was to put one sign along the interstate and one sign at the establishment on Wheat Drive. He stated a drive along the interstate indicated that if the sign at the establishment were placed at the 60-foot height limit, the arches would be visible above the Super 8 Motel building; and if the sign were placed at 65 feet, the name "McDonald's" will also be visible. Commissioner Jordan asked if the sign along the interstate was to be a billboard. Mr. Todd indicated the sign to be placed along the interstate would be the same as the sign on Wheat Drive. 02-19-85 --------- ------ 50 Commissioner Jordan then suggested that if the variance to the height restriction is to be approved, it be done with the stipulation that only one sign is to be erected for the establishment. Mr. Jack Dredla, owner of McDonald's, stated he wishes to avoid the gaudiness of erecting two signs and would accept the stipulation that a single sign be erected. City Manager Wysocki stated the elevation of the lot on which McDonald's is to be constructed is 24 feet lower than the interchange. I Mayor Weaver stated he will support the variance to the height restriction because it will eliminate the need for two signs, which he feels would be adverse to the public interest. The Mayor asked for a reading of the motion placed on the floor at last week's meeting, which Is as follows: "It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission approve the request submitted by Rainbow Signs on behalf of McDonald's Restaurant for a variance to the Sign Code to allow a 65-foot high sign within 1,000 feet of the Interstate, at 822 Wheat Drive." The Commission then voted; and the motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Jordan, Commissioner Anderson and Mayor Weaver; those voting No, none. Presentation re air quality control - Jim Heimbach Mr. Jim Heimbach presented an update of the report submitted last year. He gave the Commissioners copies of the bar chart showing the mean and range for each month from January 1978 through January 1985, based on available information. He then showed the Commissioners two filters, one from December 8, 1984 and one from February 12, 1985. He noted those filters are similar to the ones he showed the Commissioners last year. Jim Heimbach then Indicated the State Air Quality Bureau in Helena is closely watching the air quality in Bozeman; and there is enough concern that they have petitioned the Environ- mental Protection Agency to donate instruments to monitor due to new legislation. He stated the equipment currently being used does not split the air pollution into irrespirable, 10 microns I or more in size, and respirable, 10 microns or less in size. He then suggested that the new equipment be installed at the East Main Street location, which is on top of the Police/Fire building. He noted the new law will probably not take effect for two years; but it would be beneficial for the City to begin collecting usable data as soon as possible. Jim Heimbach then stated the respirable particulates are the ones which raise concern, and indicated that smoke from wood burning would fall in that category. Mayor Weaver asked Mr. Heimbach if he feels the new equipment will indicate there is a significant amount of respirable air pOllution. Jim Heimbach stated he feels that in the winter there will be a significant amount of respirable particulates; but the amount will not be above the standard. Commissioner Vant Hull stated the Commission wishes to maintain cleaner air than the national standards. Mr. Heimbach stated there is a substantial difference between aesthetic standards and health standards; and a decision must be made on which standards are to be followed. Commissioner Anderson stated that citizens have expressed their concern about the air quality in Bozeman, realizing that the economy relies heavily on the tourist industry. She then noted the City Commission cannot effectively regulate items which generate air pollution unless the County Commission also adopts similar regulations. She also suggested formation of a City-County board comprised of concerned citizens to submit recommendations. Mayor Weaver asked if the City Commission can do anything to obtain the needed equip- ment any sooner. I Mr. Heimbach suggested that the Commission may wish to send a letter indicating concern and requesting that the equipment be installed as soon as possible. Commissioner Anderson stated the City may wish to ask the County Commission to also sign the letter so that a joint effort is presented to the Air Quality Bureau. Commissioner Vant Hull suggested that the City may wish to send the letter as soon as possible, with a carbon copy to the County asking if they wish to send a similar letter. She 02-19-85 --~- 51 then suggested that the Commission conduct a public hearing on the air quality in Bozeman to determine how much concern exists and possible alternative measures that should be considered. Commissioner Jordan stated he feels much of the air pollution is caused by improper use of woodburning stoves and suggested that public education on the proper methods might alle- viate many of the problems. Jim Heimbach stated he feels that approach would alleviate some of the problems. He I also noted that the weather conditions affect the way in which woodburning stoves operate, indicating that there are times the stove should not be utilized. Commissioner Vant Hull noted there is a bill in the Legislature which would provide tax credits for installation of catalytic converters on existing woodburning stoves, or for purchase of a woodburning stove with a catalytic converter. Mayor Weaver stated the City does not have the necessary usable data to implement any restrictions at this time; but common sense indicates that the air pollution in Bozeman is increasing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to send a letter to the appropriate agency requesting the acquisition and installation of new monitoring equipment be expedited as quickly as possible, with a carbon copy to be sent to the County Commission along with a letter requesting their support. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Commissioner Vant Hull asked if the Commission wishes to consider writing a letter of support for the bill to provide a tax credit for the purchase of a catalytic converter for woodburning stoves. Mayor Weaver expressed concern about writing a letter of support without first reading the bill. The Mayor then requested' that Commissioner Vant Hull obtain a copy of the proposed bill and that this matter be placed on the agenda for discussion at next week's meeting. I Annual report - Library Board of Trustees City Manager Wysocki noted the Commissioners had received copies of the written Annual Report submitted by the Library Board of Trustees for Calendar Year 1984. Mrs. Beverly Knapp, Chairman of the Library Board of Trustees, thanked the City for its support of the Bozeman Public Library. She noted the annual report is a brief synopsis of the monthly reports submitted. The Chairman then noted that there are slightly more than 45,000 persons living in Gallatin County; and the library is currently serving 33,000 card holders. She noted that 4,666 card holders were added during the period July through December 1984, which is an increase of 500 to 700 card holders each month. Mayor Weaver asked if the library systematically withdraws cards that have not been used. Director of Libraries Steve Cottrell stated the library has a renewal process; and those cards not used are pulled. He noted the 33,000 figure listed in the annual report is very close to the actual number of active library users. Mrs. Knapp then stated that in July, it will be four years since the community became actively involved in moving the books from the old Carnegie Library to the new facility. She stated that on July 17, 1985 the library will have a big birthday party with festivities to thank the community for its support. Commissioner Jordan noted the statistics in the report indicate that at least 40 percent of the library users live in the county. I Commissioner Vant Hull asked if the Library Board of Trustees is planning to submit this annual report to the County Commission. Mrs. Knapp stated the Library Board of Trustees has sent copies of the written report to the County; and they will request an opportunity to make a presentation. She then stated the Board is now meeting on the third Tuesday of each month at 2: 00 p. m. The Commission thanked the Library Board of Trustees for the presentation of the 'Annual Report for Calendar Year 1984. 02-19-85 52 Audit Committee recommendations re engagement of auditing firm City Manager Wysocki presented to the Commission a memorandum submitted by the Audit Committee regarding the engagement of an auditing firm. Mayor Weaver stated that the Audit Committee established criteria for the engagement of an auditing firm; reviewed the ten proposals submitted as a result of the City's II Request for Proposals, II applying the criteria established; and interviewed the two top firms, receiving comprehensive verbal presentations. The Mayor stated that the Audit Committee then prepared I the followi ng recommendations: 1. That the length of the engagement be two years, since the City staff may be able to complete more of the necessary work and thus reduce the number of hours spent by the auditing firm and reduce the cost of the audit after the new computer is fully implemented. 2. That Coopers and Lybrand, Spokane, Washington, be engaged as the auditing firm for the specified two-year period. The Mayor then indicated the Committee submitted those recommendations because (1) the learning curve for the auditors and disruption to City staff is low; (2) the application of the new computer to the City's financial records with allow the staff to playa larger role in the preparation of documents in the future; and (3) the initial application for the GFOA Certificate of Conformance has been completed, but all indications are that the Certificate is not usually awarded on the initial application. The Mayor then stated the proposal is in the total amount of $47,585.00, with a possible 10 to 15 percent reduction in costs if the amount of work completed by the auditors is reduced. City Manager Wysocki then reminded the Commission that last year's audit cost almost $52,000.00. Commissioner Vant Hull expressed concern about the proposed audit cost, suggesting that the cost might be lower if a three-year contract were approved. She also noted the cost of the audit just completed for Gallatin County was considerably lower. Mayor Weaver noted the City must do everything possible to reduce the cost of the audits. He then stated that the City management has indicated that within two years, the City I staff should be able to complete more of the papers requested by the auditors; and the cost of the audits should be significantly reduced. The Mayor indicated that is one of the reasons the Audit Committee has recommended a two-year engagement rather than a three-year engagement. City Manager Wysocki stated it is important that the City retain a firm whose name is known in the financial market. He also noted it is difficult to compare the cost of the City's audit to audits for other entities because the scope of the work may be different, and the staffls ability to provide the requested information may be different. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission accept the Audit Committee1s recommendation and engage Coopers and Lybrand, Spokane, Washington, to complete the audits for the Fiscal Years 1984-85 and 1985-86. 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 voti ng 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. Application for Beer License - Finance and Investment Associates - May 17, 1985 (temporary one-day license) - l:;alTatm County Fairgrounds City Manager Wysocki presented to the Commission an application, along with the re- I quired fee, for a one-day Beer License submitted by Finance and I nvestment Associates for May 17, 1985, for an event to be held at the Gallatin County Fairgrounds. The City Manager noted that representatives of the group are present to answer questions. Mayor Weaver asked if the group is non-profit. He also asked if they have conducted this type of function before and if any problems arose. Mr. Bob Daily, member of the Finance and Investment Associates, stated the organization is a non-profit organization, which has been listed with the Secretary of State and for which 02-19-85 53 by-laws have been written. It contains approximately ten members, who are attempting to raise monies to attend seminars on real estate planning, investments, etc., to further their personal education. He noted the group is not affiliated with Montana State University, although the members are students. He then indicated the group sponsored the Bobcat Victory Bash, and no problems occurred. Mr. Daily then indicated a portion of the proceeds are donated to other non-profit organizations, such as the Big Brothers and Sisters. I It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the application for a one-day Beer License submitted by Finance and Invest- ment Associates for May 17, 1985, at the Gallatin County Fairgrounds, contingent upon receipt of the State license. 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. Ordinance No. 1175 - revising the Recreation Advisory Board City Manager Wysocki presented Ordinance No. 1175, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING CHAPTER 2.36 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE DIVISION OF RECREATION AND REPEALING ORDI- NANCE NO. 745. . PREAMBLE This Ordinance sets out the composition and duties of the Recreation Advisory Board, and creates a Division of Recreation. One of the reasons for this Ordinance is that the Interlocal Agreement with Gallatin County and School District No. 7 under which the City's recreation program has been operating is no longer in effect. City Manager Wysocki stated the staff prepared this Ordinance in accordance with the I recommendations submitted by the Recreation Advisory Board as requested by the City Commis- sion. He then recommended that the Commission provisionally adopt Ordinance No. 1175 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1175, revising the Recreation Advisory Board and the Division of Recreation, and that the Ordinance be brought back in two weeks for final adoption. 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. n ordinance to allow for staff approval of certain si ns made City Manager Wysocki presented Ordinance No. 1172, as revised by the City Attorney, entitled: ORDINANCE NO. 1172 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.32.020 OF THE BOZEMAN MUNICIPAL CODE AS AMENDED BY ORDINANCE NO. 1170, PROVISIONALLY PASSED NOVEMBER 26, 1984, FINALLY PASSED AND ADOPTED DECEMBER 10, 1984, REVISING THE ADDITIONS AND DELETIONS OF THE UNIFORM SIGN CODE IN THE CITY OF BOZEMAN, MONT ANA. PREAMBLE I The purpose of this ordinance is to provide for approval of small wall signs and projection signs made of combustible materials. City Manager Wysocki noted that the Commission provisionally adopted this Ordinance on February 4, 1985 and recommended that it now be finally adopted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1172, revising the sign ordinance to allow for staff approval of certain signs made of combustible materials. The motion carried by the following 02-19-85 51~ Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Ordinance No. 1173 - repealing Board of Park Commissioners City Manager Wysocki presented Ordinance No. 1173, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1173 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING CHAPTER 2.60 OF THE BOZEMAN MUNICIPAL CODE, ENTITLED "BOARD OF PARK COMMISSIONERS." PREAMBLE This Ordinance repeals the provision for the Board of Park Commissioners, which authorizes the appointment of an administrative board to manage and control the City's parks and playgrounds. City Manager Wysocki stated the Commission provisionally adopted this Ordinance on February 4, 1985 and recommended that it be finally adopted at this time. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission finally adopt Ordinance No. 1173, repealing the Board of Park Commissioners. 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. Commission Resolution No. 2543 - intent to create SID No. 647 - improvements on the realigned Highland Boulevard City Manager Wysocki presented Commission Resolution No. 2543, intent to create SID No. 647 for the installation of improvements on the realigned Highland Boulevard, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2543 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 647 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, STORM DRAINAGE, CURB AND GUTTER ON A PORTION OF HIGHLAND BOULEVARD AND AN 8 INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY APPURTENANCES. City Manager Wysocki recommended that the Commission adopt Commission Resolution No. 2543 and set the public hearing date for March 18, 1985. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2543, stating its intent to create SID No. 647 to construct improvements on the realigned Highland Boulevard, and set the public hearing date for March 18, 1985. 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. Review of evaluation form as prepared by Commissioner Mathre City Manager Wysocki presented the draft evaluation form as prepared by Commissioner Mathre along with the revisions suggested by Commissioner Vant Hull. Commissioner Mathre stated she has reviewed the suggested revisions and indicated she feels they should be added to the form. She then suggested that the Commissioners follow the same process as used in evaluation of the City Manager. I Following a brief discussion, the Commissioners requested that the evaluation forms be placed in the Commissioners' packets on Friday; and those forms will be completed and returned to Commissioner Mathre, with a tabulation and summary of those forms to be submitted to the Mayor, who will then submit it to the Clerk of the Commission. Commissioner Jordan stated he does not support the proposed method of evaluation. He indicated he is not happy with the method of evaluation used for the City Manager, which would also be followed for evaluation of the Clerk. The Commissioner indicated that he feels a verbal 02-19-85 55 evaluation with all Commissioners present would be more valuable, since all Commissioners would be able to react immediately to comments made by other Commissioners. He stated that he feels the evaluation would be much better and more accurate through that process than with each Commissioner submitting a written form without the benefit of knowing how the other Commis- sioners feel. Commissioner Anderson stated she shares some of Commissioner Jordan's concerns. She I noted the Commission is attempting to complete the evaluations of its employees in a dignified manner; and these are the first evaluations it has attempted to complete. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission direct the Clerk of the Commission to prepare the evaluation form as drafted by Commissioner Mathre, including the revisions submitted by Commissioner Vant Hull, to be in- cluded in Friday's packet to the Commissioners; that the Commissioners complete the evaluation forms over the weekend and submit them to Commissioner Mathre on Monday for tabulation, which will then be submitted to the Mayor for review and forwarding to the Clerk of the Com- mission. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. Staff report re cost of using substitutes for salt on the City streets during winter months City Manager Wysocki presented to the Commission a memorandum submitted by Director of Public Works Holmes concerning the costs of using salt and salt substitutes on the City streets. The City Manager noted alternatives are listed, showing the costs of various products per ton and listing items to be considered when discussing the maintenance of the City streets during the winter months. Commissioner Anderson noted the figures are impressive, and stated she feels the general public should be made aware of the cost differences involved in the various alternatives. She also asked what effects the various products would have on the water system, the storm sewer I system and the Waste Water Treatment Plant. The Commissioner then questioned whether the public is aware that the City is not responsible for the maintenance of Main Street, North Seventh Avenue, North Rouse Avenue and South Nineteenth Avenue. Commissioner Vant Hull noted that the cost per ton for the various products is listed; but there is no indication of whether more or less of the substitute would be required than the salt. She noted that knowing the amount needed and the time needed to work would be beneficial to the Commissioners in considering this matter. She also noted the number of times that the City crews would need to haul snow if salt were not used is needed to determine the cost of that method of street maintenance. The Commissioner then suggested that the Commission request more information on the costs of the various alternatives and the effects on the water system and the storm sewer system, and then conduct a public hearing to determine whether the public is willing to incur the additional expenses involved in using alternatives to salt for winter street maintenance. Mr. Greg Beardslee, a resident who opposes the use of salt, stated that many people are concerned about the use of salt on City streets, which causes rust damage to vehicles. He suggested that the hauling of snow from the streets and the use of sand may require more physical labor, but might be a better alternative for winter street maintenance. He stated that the increased costs incurred from using salt substitutes or snow removal are not as high as the costs incurred by citizens because of rust and depreciation to their vehicles. Commissioner Vant Hull suggested that a one- or two-cent per gallon gas tax could generate sufficient revenues to use alternatives to salt and asked Mr. Beardslee if he would be I willing to pay that additional cost. Mr. Beardslee stated he would be willing to pay the additional tax, indicating that would cost less than the rust damage to his vehicle. Mayor Weaver noted that the local gas tax option must be placed on the ballot by the County Commission. Commissioner Vant Hull stated she feels the information on the cost and side effects of the various alternatives to putting salt on the City streets should be disseminated to the 02-19-85 58 general public; and they should have an opportunity to decide whether they wish to pay the additional costs involved in using an alternative method. Mayor Weaver stated the City must consider the general health and safety of the community when maintaining the City streets, which means taking whatever action is necessary within the City's means to reduce the risk of accidents on the public right-of-way. Consent Items I City Manager Wysocki presented to the Commission the following "Consent Items" as listed. Authorize City Manager to siqn - Lease Aqreement - Glen Lake Recreational Area Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, 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 Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The City Manager stated that five legislative hearings will be held on Thursday; and he wi II be testifyi ng at those hearings. He indicated the hearings will be on (1) the state-wide hotel/motel tax; (2) the local option hotel/motel tax; (3) different ways for municipalities to invest funds; (4) changing the fiscal year; and (5) an omnibus bill allowing local governments to impose any tax desired. He then stated that the Commissioners are also invited to attend the hearings. (2) The construction report, as prepared by Thomas, Dean and Hoskins, I nc., for the Water Systems Improvement Project, Group III, Schedule II. I (3) A copy of an article entitled "Wood-burning stoves lose romance as smog gathers" in the Billings Gazette, as submitted by Commissioner Mathre. (4) A copy of an article entitled "Woodburning: the Catalytic Combustor Comes of Age" in the Country Journal, as submitted by Commissioner Mathre. (5) Commissioner Jordan stated he has received a letter from Mr. Duane Robertson, Solid Wastes Bureau of the Department of Health and Environmental Sciences in Helena, con- cerning refuse energy-type businesses. The Commissioner indicated that he would submit the letter to staff for possible follow-up. (6) Commissioner Vant Hull stated there are various proposed bills for local option taxes, some of which the Commission may wish to support. She then suggested that the Commis- sion send letters of support to Helena with the City Manager on Thursday for SB367 and HB393. Mayor Weaver noted that the City will need to find another revenue source to generate approximately $300,000.00 annually to replace the Federal Revenue Sharing monies, which are currently in jeopardy. Commissioner Mathre stated that Alec Hansen, Executive Director of the Montana League of Cities and Towns, is seeking support for both SB367, providing for a five-percent statewide hotel/motel tax, and HB393, providing for a local option hotel/motel tax. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the Mayor to prepare a letter of support for SB367, providing for a five-percent statewide hotel/motel tax, to be signed by the Commissioners and the City I Manager. 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. The Mayor requested that the signature block on the letter not contain Commissioner Jordan's name. It was then moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct the Mayor to prepare a letter of support of HB393, pro- viding for a local option hotel/motel tax, to be signed by the Commissioners and the City 02-19-85 57 Manager. 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. (7) City Manager Wysocki stated he is to address the Southwest Montana Homebui Iders' Association meeting at 7:30 p.m. and will not attend the public hearing portion of the Com- mission meeting. I (8) Commissioner Vant Hull stated an advertisement in the newspaper indicates that public hearings will be held tomorrow on the Environmental Impact Statement for the traffic plans. She suggested the Commissioners may be interested in attending. Recess - 6:05 p.m. Mayor Weaver declared a recess at 6:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Continued public hearing - Zone Code Amendment - revise Chapter 18.42 of the Bozeman Municipal Code re transitional districts Assistant City Manager Barrick noted the public hearing on this Zone Code Amendment requested by the Planning Staff to revise Chapter 18.42 of the Bozeman Municipal Code re- garding the transitional districts had been continued on January 16, 1984. He stated the applicant (the Planning Staff) has submitted a letter requesting that this item be withdrawn. The Assistant City Manager then noted this revision will be considered during the revision of the entire Zone Code and recommended that the Commission acknowledge receipt of this letter of withdrawal. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the letter submitted by the Planning Staff for withdrawal of the Zone Code Amendment to revise Chapter 18.42 of the Bozeman Municipal Code concerning transitional districts. 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. Public hearing - Master Plan Amendment - add Historic Preservation elements to the Bozeman Area Master Plan This was the time and place set for the public hearing on the Master Plan Amendment requested by the Planning Staff to add Historic Preservation elements to the Bozeman Area Master Plan. Assistant City Manager Barrick stated that the Planning Staff has requested that this public hearing be opened and continued until further notice. Mayor Weaver opened and continued the public hearing until further notice from the Planning Staff. Public hearin 243.3811 acre This was the time and place set for the public hearing on Commission Resolution No. 2515, entitled: COMMISSION RESOLUTION NO. 2515 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject tract is 243.3811 acres in size and is currently undeveloped. She noted the parcel is located in the 02-19-85 ----_._-~ 58 South one-half of the Northeast one-quarter and the Southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. It is more commonly located along the north side of Durston Road and along the west side of North Nineteenth Avenue extended. The Assistant Planner stated that the property is currently zoned AS - Agricultural Suburban. She noted the applicant recently requested a Master Plan Amendment to change the land use desig- nation to a Multi-Use District; and the Commission approved that request. She stated the applicant has indicated an intent to request a Zone Map Change to change the zoning to Multi- I Use Zoning District if the regulations for that district have been completed by the time the appl ication is submitted. The Assistant Planner then reviewed the application's compliance with the provisions of Commission Resolution No. 2532. She noted that annexation of this large parcel would encompass an area to the south, which is currently outside city limits. She then stated that traffic circulation on-site and off-site is a concern. She noted that Durston Road west of North Twentieth Avenue is unpaved; and the roadway from North Nineteenth Avenue to North Seventh Avenue is inadequate at the present time. She stated the Highway Department has expressed concern about the timing of the development of this site and the improvement of North Nine- teenth Avenue extended and West Oak Street, since the FAU funding schedule indicates the improvements will be done in 1990. Assistant Planner Elkins then stated the Engineering Officer has recommended that the City obtain rights-of-way for portions or all of Durston Road, North Nineteenth Avenue, West Oak Street, North 28th Avenue and an un-named street along the north boundary of the property. The Planning Staff has also recommended that the City obtain a waiver of protest for the creation of SI D's for the construction of improvements along the subject rights-of-way. The Assistant Planner stated there are two water courses through the property; and the Planning Staff has recommended that the 35-foot stream bank setback be applied. She then stated the water rights or payment-in-lieu will be required during the Preliminary Plat review since the parcel is over ten acres in size and will be developed in phases. Mr. Don White, attorney for the applicant, stated that Roger H. and Rosalind I. Smith I began plans for development of the subject property approximately two years ago. He also noted that Mr. Smith and a representative from Sanderson, Stewart and Gaston, consulting engineers, are present to answer questions. Mr. White stated the Smiths wish to maintain control over the development of this 243-acre tract of land; and they wish to see it developed in a slow and orderly manner. Mr. White indicated it will be at least one year before the applicant submits detailed plans for development of the site. Mr. White then stated the applicant and his consultants have met with the City staff on numerous occasions and have received many recommendations, which they have attempted to implement in the plans. He noted that the initial request for annexation submitted by the Smiths was for only a small portion of this site; and the Planning Staff recommended that the entire parcel be considered rather than considering small portions of the tract separately. Mr. White then stated that the Smiths realize the development of this tract wi II impact City services; and they are willing to bear the costs of those impacts. He indicated that he has submitted a draft Improvements Agreement to the City Attorney for review. He stated that Mr. Smith will bear the costs of paving that portion of Durston Road which is adjacent to his property. He stated that he and his client agree the suggested rights-of-way be dedicated, but requested that those dedications be made during the Preliminary Plat process for each phase rather than at the present time. The applicant's attorney then stated the 35-foot stream bank setback will be observed for both water courses. Mr. White indicated that the intersection of Durston Road and North Seventh Avenue needs monitoring to determine what improvements should be made. He stated that if the Highway I Department does not complete the study by April 15, 1985, Mr. Smith is willing to pay two- thirds of the cost of having the study completed in a timely manner. Commissioner Vant Hull noted that the City taxes on undeveloped land are roughly $6.00 per acre per year. She then noted that the applicant has indicated a desire to proceed with this development very slowly and asked if the paying of taxes on undeveloped land will cause him to attempt to develop the parcel more rapidly. Mr. White indicated that will not affect the speed with which the parcel is developed. 02-19-85 59 Commissioner Vant Hull then asked who would bear the other one-third of the costs for the traffic study at the intersection of Durston Road and North Seventh Avenue and approxi- mately what those costs would be. Mr. White stated if the State does not pay the costs for the study, the City will be asked to pay one-third of the costs. He then stated a private firm has indicated it could complete the study for approximately $5,000.00. I No one was present to speak in opposition to the proposed annexation. Mayor Weaver closed the public hearing. Adjournment - 7:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I 02-19-85