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HomeMy WebLinkAbout1985-03-04 59 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 4, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 4, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of February 19, 1985 were approved as submitted; and the minutes of the February 25, 1985 were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Ordinance No. 1176 - Tentative CI P Appropriation Ordinance City Manager Wysocki presented Ordinance No. 1176, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1176 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD OCTOBER 1, 1984 THROUGH JUNE 30, 1985. City Manager Wysocki stated that copies of Ordinance No. 1176, which is the tentative Capital Improvement Program Appropriation Ordinance, were not included in the packets because the dollar amounts are not the same as those contained in the list of projects submitted at last week's meeting. The City Manager then asked the Director of Finance to review the schedules of revenues and expenditures as listed in the ordinance. I Director of Finance McKinney reviewed the list of projects to be rebudgeted and the new projects, as well as the reserves established by the Commission during the regular budgeting process. He noted under the rebudgeted projects, the cost accounting study has been deleted; and that is the only item which has been removed from the six-year plan for the CI P. He indicated the computer hardware listed under the new projects has been substituted for the cost accounting study. The Director of Finance then reviewed the sources of revenue for this ordinance. He stated the. City has $493,000.00 in funds available to cover the cost of the projects which are listed. City Manager Wysocki stated that Section 1 refers to "Estimated Total Dollars" for each project; and he indicated that the new language will eliminate the need for budget amendments between line items to keep the ordinance balanced. He noted under this new method, the total amount of capital items purchased cannot exceed the total monies available. The City Manager indicated that if any large discrepancies occur, the matter would be brought back to the Com- mission for discussion. Director of Finance McKinney then stated this ordinance would revise the beginning and ending dates for the CIP to coincide with the regular budgeting cycle to alleviate some of the accounting problems which have developed with the different cycles. He also indicated he has initiated project cost accounting so that fiscal reports can be generated for each project by year or by project. Mayor Weaver expressed concern that the revised language would give the staff a blank I check; and stated he feels the Commission should not abrogate its legislative duties. City Manager Wysocki suggested that the last sentence of the paragraph in Section 1 be revised to read "The City Manager will submit to the Commission all actual costs over and above the estimated cost as well as an explanation of how the overage will be funded." Commissioner Vant Hull asked how the next four payments for the ladder truck are to be funded. The Director of Finance stated the City will receive Federal Revenue Sharing monies for two more entitlement periods if the program is eliminated as of September 30, 1985. He noted 03-04-85 ----- ----- . 70 those monies plus interest accrued would cover possibly three of the remaining four payments. Mayor Weaver stated concurrence with Commissioner Vant Hull's concern about financing of long-term capital items, particularly when faced with an uncertain future for Revenue Sharing and possible adverse State Legislative actions during the remainder of the session. He noted after the State Legislative session is completed and there is more certainty about the Revenue Sharing program, the Commission may be able to review the entire Capital Improvement Program. The City Manager stated that some of the items included in the proposed CIP Appro- I priation Ordinance cannot be postponed. He noted the previously budgeted items must be rebudgeted so that expenditures can be made for those projects which are currently underway; and the police cars and paint striper are needed now to maintain City operations. Director of Finance McKinney also noted that some of the Revenue Sharing monies must be spent prior to June 30, 1985; or the federal government will reclaim those monies. City Manager Wysocki suggested that some alternative sources of funding may need to be considered for long-term capital items, such as the fire truck. He noted that replacement of City vehicles has been deferred for several years; and some of those vehicles are reaching the time when they must be replaced for employee safety. Mayor Weaver suggested the Commission may wish to consider funding through a General Obligation bond issue for a capital items package if funding at the federal or state level is not maintained or increased. He suggested the local option gas tax may be another alternative source of revenue. The City Manager suggested that if the Commission wishes to discuss the various options, it allow the staff adequate time to gather the necessary information. Commissioner Jordan noted the Commission must determine how much latitude the staff has in which to operate when administering this ordinance. He then expressed concern about including the Bogert well, which has been through the bidding process three times already. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on Ordinance No. 1176 for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner I Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Ordinance No. 1175 - revising provisions for the Division of Recreation and 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 ORDINANCE 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 Commission had provisionally adopted this ordinance on February 19, 1985, and recommended that they finally adopt the ordinance at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1175, revising the provisions for the Division of Recrea- I tion and the Recreation Advisory Board. 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. Authorize advertisement for Recreation Advisory Board members City Manager Wysocki stated the ordinance just adopted includes reorganization of the Recreation Advisory Board, with all nine members being appointed by the City Commission. He 03-04-85 -----~.- 71 then noted that seven of the current members have indicated a willingness to serve two more years. The City Manager suggested that the Commission authorize the Clerk of the Commission to begin advertising the openings on the Recreation Advisory Board so that appointments can be made shortly after the ordinance becomes effective. Mayor Weaver requested that the Clerk include a memo in next week's packet indicating which members are willing to continue serving on the Board. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct the Clerk of the Commission to advertise the vacancies on the reorganized Recreation Advisory Board, with appointments to be made shortly after the ordinance becomes effective. 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. Discussion - costs of enforcement rocedure for Ordinance No. 1171 - sidewalk snow removal po icy City Manager Wysocki requested that discussion of this item be deferred for a period of at least one week to allow the staff adequate time to gather necessary information. Commission Resolution No. 2544 - authorize bond sale for SID No. 647 - Highland Boulevard City Manager Wysocki presented Commission Resolution No. 2544, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2544 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING AND DIRECTING THE ADVERTISEMENT AND SALE OF SPECIAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS FOR PAYMENT FOR WORK AND MATERIAL IN SPECIAL IMPROVEMENT DISTRICT NO. 647 FIXING THE NUMBER, DATE, DENOMINATION AND MATURITY OF SUCH BONDS, AND PRESCRIBING THE FORM THEREOF. I City Manager Wysocki stated that this resolution authorizes the publication of the notice of bond sale for Special Improvement District No. 647, which would provide for construction of the realigned Highland Boulevard and installation of a sanitary sewer main north of East Curtiss Street. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2544, authorizing the publication of the notice of bond sale for Special Improvement District No. 647. 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. Commission Resolution No. 2545 - authorizing loans or advances from the SID Revolving Fund to SID No. 646 as necessary City Manager Wysocki presented Commission Resolution No. 2545, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2545 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTHORIZING LOANS OR ADVANCES FROM THE REVOLVING ACCOUNT TO THE EXTENT FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. City Manager Wysocki recommended that the Commission adopt this resolution. I Mayor Weaver asked why this resolution should be adopted. City Attorney Crumbaker-Smith stated the subject resolution has been prepared by the bond counsel for this Special Improvement District. She stated the resolution is simply a \ restatement of the provisions contained in Ordinance No. 612, which was adopted in 1931. The City Attorney stated she has compared the language contained in this resolution to the previously adopted ordinance; and there are a couple of minor differences which do not require any additional action or additional burden. She then suggested that since the bond counsel has 03-04-85 72 requested this resolution be adopted so that he can write his legal opinion, the Commission should adopt the resolution. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2545, authorizing loans or advances from the SID Revolving Fund to 5 I D No. 646 as necessary. 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 Commission Resolution No. 2546 - revising IDR bonds for the Felska-Solvie Hotel/Convention Center City Manager Wysocki presented Commission Resolution No. 2546, as prepared by the City Attorney revising the IDR bonds for the Felska-Solvie Hotel/Convention Center, entitled: COMMISSION RESOLUTION NO. 2546 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING COMMISSION RESOLUTION NO. 2501 AND NO. 2514 RELATING TO THE ISSUANCE BY THE CITY OF BOZEMAN, MONTANA, OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (FELSKA-SOLVIE PROJECT). City Manager Wysocki stated there have been physical changes to the plans for the hotel/ convention center. He noted specific square footages were required in Commission Resolution Nos. 2501 and 2514; and those square footages have been revised. The City Manager stated that elimination of the fourth floor shell has reduced the total square footage from 128,000 square feet to 90,000 square feet; and some of the support facilities have been slightly changed as well. The City Manager noted the attached letter from Felska-Solvie indicates that The Sheraton Corporation has reviewed the proposed plan and suggested revisions. The banquet facility is now approximately 7,000 square feet and will seat 550 persons. Commissioner Anderson noted several changes have been made since the original request was submitted and indicated that she feels the Commission should receive an update on the design. She expressed concern that some of the aesthetic items may be removed from the plan during revisions; and she feels those items should be retained. I Commissioner Vant Hull suggested that if an extension of the approval of the issuance of Industrial Development Revenue bonds is requested, the Commission may wish to require an update on the project. City Manager Wysocki stated this resolution is before the Commission at this time because the Urban Development Action Grant application has been forwarded from the Denver office to Washington, D.C.; and the City will receive an answer on whether the project will be funded by April 1, 1985. The City Manager indicated that this resolution must be submitted to the Denver office by March 15, 1985 so the application may be considered. He also noted the staff will work on a service agreement for annexation during this week; and the Commission must make decisions on the annexation request and the Zone Map Change at next week's meeting so that those actions may also be forwarded to the Denver regional office of Housing and Urban Development. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2546, revising the requirements for the issuance of I ndustrial Revenue Bonds for the Felska-Solvie Hotel/ Convention Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Jordan. Break - 5:00 to 5:07 p.m. Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:07 p.m., in accordance I with Commission policy established at their regular meeting of March 14, 1983. Authorize absence of Commissioner Anderson - March 25, 1985 and Apri I 29 I 1985 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that Commissioner Anderson be excused from the Commission meetings of March 25, 1985 and Apri I 29, 1985, in compl iance with Section 7-3-4322, M. C. A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No, none. Commissioner Vant Hull abstained. 03-04-85 73 Authorize absence of Commissioner Mathre - March 25, 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that Commis- sioner Mathre be excused from the Commission meeting of March 25, 1985, in compliance with Section 7-3-4322, M.C.A. 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 Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1) A copy of an article entitled "Manager's power upheld II from the Billings Gazette as submitted by Commissioner Anderson. ( 2) A memo with attachments from the League of Cities and Towns, which Commissioner Mathre had submitted. Commissioner Mathre requested that the Commission discuss its position on some of the items listed in the memo. The Commissioner noted that four options for funding of local governments are listed on Page 1 and asked the Commissioners to indicate their preferences. Following a discussion, the Commissioners concurred on a 4 to 1 straw vote that the five-percent statewide hotel/motel tax, with both point of origin and general distributions be endorsed as the preference; and on a 4 to 1 straw vote that the broad-based local option taxing authority, including income, sales and other taxes, be endorsed as an alternative. Commissioner Mathre then stated that on Page 2 a list of possible concessions on the hotel/motel tax is provided. She indicated the League has requested that the Commission provide input on which concessions it would consider. Following discussion, the Commissioners unanimously indicated they would support the inclusion of private campgrounds; exemptions for State employees on State business; the five- percent limit; and pre-emption of the local option hotel/motel tax. I ( 3) A copy of a letter to the Commission from Polly Renne concerning Peet's Hill, as submitted by Commissioner Vant Hull. Commissioner Vant Hull stated the original of this letter was sent to the City Com- missioners, but they did not receive copies. She indicated the Clerk of the Commission has looked for the letter but has been unable to find it. She then stated she feels some procedure should be developed so that the Commissioners receive letters which are addressed to them as soon as they arrive at City Hall. Mayor Weaver noted the procedure for handling of such letters has been established, which is to include copies of those letters in the "FYI" items. The Commissioners then determined that each Commissioner may respond to the letter in whatever manner he/she deems appropriate. ( 4) A copy of the last chapter of the book Without Fear or Favor, which was written by a former City Manager, as submitted by Commissioner Vant Hull. The Commissioner noted this chapter addresses citizen involvement and methods of citizen control of their government; and she feels it might be interesting to the other Commissioners. ( 5) A copy of the GRDCA newsletter, as submitted by Commissioner Jordan. ( 6) A copy of H B473, which expands the veterans' preference in hiring, as submitted by Commissioner Vant Hull. Commissioner Vant Hull stated she feels the City should oppose this bill. She noted that provisions of the bill could force the City to use a complicated method for hiring of new employees, which could include the hiring of a Personnel Director. I Mayor Weaver suggested that the Commissioners individually contact their legislators on this bill. ( 7) A copy of a memo from Assistant City Manager Barrick concerning relocation of the Recreation Division office. The City Manager stated the need to relocate the office from the Willson School has occurred earlier than anticipated because the School District is obtaining new equipment for which it needs space. He indicated a portion of the Swim Center is to be con- verted to office space for the Recreation Division, which is estimated to cost $5,000.00. City 03-04-85 71t Manager Wysocki indicated the staff will proceed with obtaining quotes to get the work completed by the May 1 deadline. ( 8) The City Manager reminded the Commission that the retreat with the County Commission and the City-County Planning Board, as well as other interested groups, will be held on Saturday, March 9, 1985 from 9:00 a.m. to 3:00 p.m. in the Student Union Building at MSU. He noted a memo and agenda has been submitted by the Planning Staff. ( 9) Mayor Weaver submitted to the Commissioners a copy of a letter he has sent to Dick I McConnen, who has just resigned from the Technical Advisory Committee. He noted the process for replacing members has been started. (10) Mayor Weaver submitted to the Commissioners a copy of the summary report of the Commission evaluation of Clerk of the Commission Sullivan, as prepared by Commissioner Mathre. He suggested that the Commissioners may wish to discuss their individual evaluations with the Clerk of the Commission. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II Proclamation - "Building Safety Week" - April 14-20, 1985 Application for renewal of Kennel License - Calendar Year 1985 - Mrs. Ral~h (Dorothy) Kenck, 1317 West Alderson Street Application for affle License - Longfellow School - April 8, 1985; to be raffled IS a silk screen valued at $200.00 Application for Raffle License - Alliance for a Nuclear Free Future and Northern Plains Resource Council - June 1, 1985; to be raffled is a bronze sculpture valued at $1,000.00 Application for Raffle License - Southwest Montana Homebuilders' Association - May 4, 1985; to be raffled is a dwellinq valued at $40,000.00 Authorize CitY Manager to sign - contract with Housinq Development Associates as I .IKI. consultant; contract with State re I IKI pro~ram Authorize all for Bids - copiers for various City locations Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I consent items as listed above be approved, and the appropriate persons be authorized and directed to take 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. Recess - 5:35 p.m. Mayor Weaver declared a recess at 5:35 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 Public hearing - proposed CDBG program and alternatives to proposal, as well as impact of the 100-year flood plain on portions of the district This was the time and place set for the public hearing on the proposed Community Development Block Grant program and alternatives to the proposal, as well as impact of the 100-year flood plain on portions of the district. Mayor Weaver opened the public hearing. Senior Planner Mike Money stated this public hearing is a requirement established by the Department of Housing and Urban Development and the Department of Commerce for the block I grant program. He reminded the Commission that the district boundaries are basically Third Avenue, North Broadway Avenue, Olive Street and Peach Street. He noted that Bozeman Creek runs through the district, and an overflow channel for Bozeman Creek runs along the eastern boundary of the district. The Senior Planner stated that if any structure which may partici- pate in the program is located within the 100-year flood plain, this public hearing must be conducted for the purpose of examining whether or not the flood plain will have a major effect 03-04-85 75 and to determine if alternative courses or actions should be taken or alternate projects sub- stituted if it is determined that the flood plain will have a major effect. Senior Planner Money stated that a review of the project area indicates that four to six dwelling units are located within the 100-year flood plain. He noted that those dwelling units may still participate in the CD Be program; but flood insurance must be acquired for those dwelling units. He indicated that, in viewing the overall proposal and the number of dwelling I units within the project area, the flood plain has little or no impact on the project being proposed or the target area delineated. The Senior Planner then suggested that the project remain the same and that this public hearing serve as notice to the property owners that flood insurance must be obtained if the dwelling unit is located within the 100-year flood plain. No one was present to speak in support of or in opposition to the proposed project for the Community Development Block Grant program. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearin Golf Club - east side of This was the time and place set for the public hearing on the Zone Map Change requested by Dan Klusman for Valley View Golf Club to change the present zoning of RS-l, Residential-- Suburban Country Estates District, to R-l, Residential--Single-family, Low-density District, for a 1. 404-acre tract in Certificate of Survey No. 803, which is located in the northwest one- quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This tract is more commonly located along the eastern right-of-way of Fairway Drive, south of Kagy Boulevard. It is bounded on the east by Valley View Golf Club and is currently a portion of the driving range for the golf course. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He reminded the Commission I that the subject parcel was annexed in January 1985. He noted that much of the area surround- ing this parcel has already been developed as R-l. He noted the original zoning of this parcel, which is RS-l, is not appropriate since this parcel has been annexed. The Assistant Planner also noted that the Master Plan has designated the area for low-density residential development. He noted the proposed rezoning will provide an extension of the existing zone, upon which the Westridge Meadows Planned Unit Development has been developed. Assistant Planner Skelton stated the Zoning Commission reviewed this proposed rezoning and recommended approval of the request. Mr. Dan Klusman was present but did not speak; and no one else spoke in support of the proposed rezoning. No one was present to speak in opposition to the proposed Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Map Chan ract 27, S o. 110 in , ( northeast corner of Griffin and This was the time and place set for the public hearing on the Zone Map Change requested by Dan Henderson for Sundance Realty to change the present zoning of RS-l, Residential-- Suburban Country Estates District, to M-l- T, Commercial--Light Manufacturing District with a Transitional Overlay, on Tract 27 of Certificate of Survey No. 110, located in the southeast one-quarter of Section 31, Township 1 South, Range 6 East, and the northeast one-quarter of I Section 6, Township 2 South, Range 6 East, Montana Principal Meridian. This 5.00-acre tract is more commonly located in the northeast corner of the intersection of Griffin Drive and Bridger Drive. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject site is currently vacant. He indicated the "T" in the proposed zone would allow review of any proposed development to determine if adequate on- and off-site traffic circulation is to be provided. Also, a large portion of the site is located within the 100-year flood plain; and the "T" 03-04-85 7G designation would allow review to determine if adequate drainage is to be provided. The liT" would further allow review to determine whether the public health, safety and welfare will be adequately protected during development of the site. The Assistant Planner stated the subject site lies in the Northeast Annexation, which was annexed in 1976. He noted there is a small strip of pasture between the subject site and a mobile home park located east of the site, which is a non-conforming use. The Assistant Planner stated the Zoning Commission expressed two major concerns during I its review: (1) access to the site because of its proximity to a major intersection; and (2) potential flooding of the site. He indicated the State Highway Department must approve any access to the site, which wi II probably be on the extreme northeastern edge of the property. Assistant Planner Skelton then stated the Zoning Commission recommended approval of the proposed Zone Map Change. Commissioner Jordan asked if the access road for this site would be located across from Bridger Center Drive or if it will be offset. Assistant Planner Dave Skelton stated it depends on where the State Highway Department indicates it should be located; and it mayor may not be directly across from the existing roadway. Commissioner Anderson asked how much water was on the subject site during the recent 20-year flood. Planning Director Steve Lere stated he has pictures of the subject site taken during the flood in 1981; and it was under one to two feet of standing water. He noted the same type of flooding also occurred in the business district on the north side of Bridger Drive, which has been developed. No one was present to speak in support of or in opposition to the requested Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Map Chanqe - RS-l to R-4 - Mike N. and Elizabeth M. Steiner and Dwain I L. and Sharon B. Wortman - two parcels located In the SWt, Section 13, T2S, R5E, MPM (Lincoln between Willow Way and Alder Court) This was the time and place set for the public hearing on the Zone Map Change requested by Mike N. and Elizabeth M. Steiner and Dwain L. and Sharon B. Wortman to change the existing zoning of RS-l, Residential--Suburban Country Estates District, to R-4, Residential-- Medium-density Apartments District, on two parcels located in the southwest one-quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian. These parcels are more commonly located along the south side of West Lincoln Street between Willow Way and Alder Court and encompass approximately 1.4 acres when combined. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated that both tracts of land involved in this rezoning request were annexed in the late 1970's. She stated one parcel has a single-family residence on it at the current time; and the other parcel has a Single-family residence and a twenty-unit apartment complex on it at the current time. The Assistant Planner stated that substantial neighborhood opposition was received during the Zoning Commission meeting; and copies of letters of opposition from Joseph M. and Marilyn F. Caprio, 1801 Willow Way; Henry Shovic, 1709 Alder Court; Arne and Carol Hovin, 1719 Willow Way; Martha and Howard Murray, 1621 Alder Court; Howard V. and Lois B. Billips, 1620 West Lincoln Street; and Mary Price, 1615 Alder Court, were included in the packet of information from that hearing. She indicated the Planning Staff has recommended approval of the proposed Zone Map Change; but the Zoning Commission has recommended denial based on the fact that I the proposed rezoning is not in character with the adjacent residential development. Mr. Mike Steiner, applicant, stated he owns the Lincoln Rentals, which is located on approximately one acre. He indicated he has requested the rezoning which is compatible with the use of the property and is a city zoning designation. He indicated he has no intention of adding more units on the site unless he removes the single-family residence and accompanying bui Idings. Mr. Dwain Wortman, applicant, stated he owns the single-family residence on approx- imately .4 acre. He stated the two subject parcels are the only ones within the city limits 03-04-85 . -.--- 77 along the south side of West Lincoln Street in this immediate area. He indicated he has re- quested the rezoning to conform with other zones and developments within the city limits in the general area. Mr. Wortman indicated the rezoning would provide a city zone; and would provide greater flexibility for the property. He then indicated he has no plans to change the density of development on his parcel. Commissioner Vant Hull suggested that an R-l zone might be more in conformance with I the residential development behind this parcel. Mr. Wortman stated that an R-l zone may conform with the residential development which is not inside the city limits; but it would not conform with the development of the adjacent lot, which is inside the city limits. Mrs. Nancy Kinnersley, 1609 Alder Court, submitted to the Commission two petitions. One contains thirteen signatures of residents within 150 feet of the subject site; and one contains ten signatures of residents in the vicinity, but not within 150 feet. She indicated that she understands that if at least twenty percent of the residents within 150 feet of the subject parcel protest, it requires a three-fourths vote of the Commission to approve the requested Zone Map Change. Mrs. Kinnersley stated the residents of the area are concerned because the Wortman parcel is the first one in the subdivision to request a rezoning. She also noted that parcel was annexed while Mr. Wortman was a City employee. She then noted that the apartments were built on the Steiner tract in approximately 1974; and the parcel was annexed in 1978. Mrs. Kinnersley then expressed concern about maintaining the character of the neighbor- hood along Wi IIow Way and Alder Court. She noted that development is bordered by the city, although it is outside city limits. She indicated that much of the residential development within the city limits in that area is apartment complexes; and the residents of this small neighborhood wish to maintain their integrity. She stated that during discussions on the development of the Zone Code in the early 1970's, the use of buffers and maintaining existing developments were considered very important. She noted the area around their neighborhood now seems to be in a I state of transition, but no buffers are proposed. Mrs. Kinnersley then stated the Master Plan indicates that area should be developed as medium-density residential; and she feels an R-2 or R-3 zone would be more in conformance with the area than the R-4 zone requested. Mayor Weaver asked Mrs. Kinnersley if the development that has taken place in the RS-l zone provides for one residence per acre. He also asked what city zone would most accurately fit the development which has been completed. Mrs. Kinnersley stated that the lots in the subdivision range from slightly more than one-quarter acre to slightly less than one acre; and one home is located on a full one-acre tract. She then indicated that she feels the R-l zone would be closest to the way in which the area has been developed. Mr. Henry Shovic, 1709 Alder Court, stated opposition to the proposed Zone Map Change. He indicated he feels the rezoning would create a spotty encroachment on their small area. He also indicated that he feels R-2, R-2-A, R-3 and R-4 zones would be in compliance with the Master Plan designation for medium-density residential; and he feels that one of those other zones might be more appropriate. Mr. Shovic noted there are 35 homes in the subdivision; and he feels that the proposed rezoning would not benefit the health and general welfare of the residents in those homes. He stated the area has been developed with high-value, stable, single-family homes and he feels that the rezoning, which would allow apartment buildings, would have a negative impact on those homes. Mayor Weaver asked Mr. Shovic how he would characterize the existing residential area. I Mr. Shovic stated that he feels an R-l or R-2 zone would characterize the neighborhood. Commissioner Jordan asked Mr. Shovic if he is concerned about the height to which buildings in an R-4 zone can be built. Mr. Shovic stated he is not sure. He then stated that he feels a zone which would allow a suburban development on medium-sized lots would be appropriate. Planning Director Steve Lere stated that the medium-density land use designation in the Master Plan would be an R-3 or R-4 zone only. 03-04-85 --_._~ 78 Mrs. Arline Lambert, 1521 Willow Way, stated opposition to the requested Zone Map Change because she feels it would be detrimental to the already developed single-family housing area. She stated no one has indicated any reason why the rezoning is needed; and the fact that an apartment complex has existed on one of the subject parcels for ten years without formal approval. Mrs. Lambert stated the parking lot for the existing apartment complex is full; and she feels any additional development in the area would create parking problems, since on-street parking along West Lincoln Street is not feasible. I Mrs. Lambert stated she feels the existing apartment building is out of harmony with the rest of the area; and she does not want to see the character of the area destroyed any further. She noted that to rezone the subject parcels would be to create spot zoning. She also noted that no buffering or screening has been provided around the existing apartments to protect the character of the single-family residential area. She indicated she feels that if the rezoning is approved, it could establish a precedent for the area; and it would be difficult to turn down other rezoning requests in the area. Mrs. Lambert then stated the Staff Report addresses proper use of the land, but it does not address the desires of the residents in the area. She then indicated that the residents of the small subdivision have opposed medium density development on several occasions and indicated a desire to maintain the integrity of the low-density, single-family residential development. She further stated that residents of the area were told in the past that their wishes would not be considered because they were not in the city limits. Commissioner Vant Hull asked what City zone would characterize development in the area. Mrs. Lambert stated R-1 zoning is the only zone which would characterize development of the subdivision. Commissioner Anderson asked Mrs. Lambert if she feels an R-3 zone might be more appropriate. Mrs. Lambert indicated the R-3 zone sounds like it might be more appropriate. Mayor Weaver noted that Mrs. Lambert's perception was that the City differentiated I between those who were inside city limits from those outside city limits. He then stated this Commission recognizes that it exercises jurisdiction around the City; and it will not differentiate between those who live within the City and those who live in the jurisdictional area. Mrs. Pam Bryan, 1714 Alder Court, registered her opposition to the proposed Zone Map Change. She noted many of the residents in the area have school age children who ride the school bus. She stated if more apartment buildings are constructed on the subject parcels, they would create an Impact on traffic and the number of people in the area. She noted that the area around the subdivision is in transition, but the subdivision is not. Mrs. Bryan stated she is a proponent of zoning to maintain values; and she feels the proposed rezoning would violate that reason. Break - 8:00 to 8:10 p.m. Mayor Weaver declared a break at 8:00 p.m., to reconvene at 8:10 p.m., in accordance with Commission policy established at their meeting of March 14, 1983. Mr. Arne Hovin, 1719 Wi IIow Way, stated he is opposed to the proposed rezoning. He stated the one acre on which the apartments are located will not handle more cars. He noted there are other areas around the University which are zoned R-4. Mr. Hovin stated the pattern I of development in the subject area is low-density, single-family, owner-occupied residential; and he feels that should be maintained. Commissioner Jordan stated sometimes when opposition is submitted, the opponents would be willing to accept a different zone, such as R-3 in this instance. He then questioned if those individuals realize that R-3 would allow similar development as R-4, although less dense. Mr. Dave Mc Kenzie, 1517 Wi 1I0w Way, stated he I ives on the corner of Wi lJow Way and West Lincoln Street. He indicates his house is a short distance from the apartment complex located on Mr. Steiner's property. He stated he opposes the requested Zone Map Change for 03-04-85 79 personal reasons. He indicated concern for the future of the residential area if R-4 zoning is allowed on some tracts in the immediate area. Mrs. Nancy Kinnersley stated a Zone Map Change from RS-l to R-3 was requested in that general area in 1978. She then reminded the Commission that the request was approved at that time; and the neighbors on Willow Way and Alder Court took the matter to court and got the decision overturned. I Commissioner Vant Hull indicated the Commission has heard many remarks about the legality of Mr. Steiner's apartment complex. She asked if any information can be submitted on that issue. Assistant City Manager Barrick stated that extraterritorial jurisdiction was not exercised unti I 1973, when the Zone Code was initially adopted. Commissioner Vant Hull questioned why the Master Plan designates medium-density residen- tial development when there are currently two streets which have been developed as low-density residential. Planning Director Lere stated the Master Plan shows Kagy Boulevard as an arterial from South 11th Avenue to South 19th Avenue. He also noted the area immediately to the west is developing as R-4; and the area south of Alder Court and Willow Way has been designated as multiple use. He indicated that RS-l zoning is not appropriate because the cost of providing City services as annexation takes place is prohibitive when such large lots are involved. The Planning Director stated that if the area is to remain as low-density residential, the Master Plan Amendment must be adopted. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 8:25 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 I 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 03-04-85 80 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 11,1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 11,1985, 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 Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of March 4, 1985, were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Commission Resolution No. 2547 - annexation of the Oak Street Annexation (4. 01-acre tract located at the intersection of Oak Street and North Seventh Avenue) Decision - Zone Map Change - RS-l to B-2 - Adolph Solvie and Daniel Felska for George E. Westlake ana -Kay H. Martlnen - 4.01-acre tract locatea In Section 1, T2S, R5E, MPM (North Seventh Avenue) City Manager Wysocki stated that a Certificate of Survey has not been completed for the subject parcel of land. He then recommended that the Commission table action on these two items until a Certificate of Survey has been filed in the Gallatin County Clerk and Recorder's Office. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on the resolution of annexation and the decision on the Zone Map Change on the subject 4.01-acre tract until such time as a Certificate of Survey has been filed in the Clerk and Recorder's Office at the Gallatin County Courthouse. 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 Proclamation - "Camp Fire Friendship Day" - March 23, 1985; and "Camp Fire Birthday Week" - March 17-23, 1985 Three representatives of the Headwaters Council of Camp Fire submitted a brief presenta- tion, made the Commissioners honorary members of Camp Fire, and asked the Mayor to proclaim the week of March 17-23, 1985 as "Camp Fire Birthday Week" and March 23, 1985 as "Camp Fire Friendship Day" in the City of Bozeman. They then presented to the Commission a birthday cake in honor of the 75th birthday of Camp Fire. The Commissioners thanked the Camp Fire members for their presentation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation of March 23, 1985 as "Camp Fire Friendship Day" and March 17 through 23, 1985 as "Camp Fire Birthday Week." 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. Request - City to provide one police officer at City's expense for the Fourth of July celebration from 6:00 p.m. to 11:30 p.m. - Laurie Schultz, Director, Celebration '85 City Manager Wysocki presented to the City Commission a request from Laurie Schultz, Director of Celebration '85, for the City to provide the services of one police officer at the City's expense, from 6:00 to 11 :30 p.m., for the Fourth of July celebration. I Ms. Laurie Schultz and Mr. Clem Lambrecht were present to answer questions. Mr. Lambrecht indicated he is the President of the Exchange Club; and he is working with Ms. Schultz on this year's celebration. He indicated this is a community project; and they would like the City to share in the expense. He also noted they will be seeking County and University cooperation through provision of security for the event. He then stated the proceeds from the fireworks display are used for future fireworks displays and community projects, such as ten park benches which will be completed in time for this summer. 03-11-85