Loading...
HomeMy WebLinkAbout1985-04-01 100 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 1, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 1, 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 18, 1985, were approved as amended. None of the Commissioners requested that any of the consent items be removed for discussion. and installation of a sanitar sewer main alon the northern This was the time and place set for the decision on Commission Resolution No. 2543, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2543 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 stated the Commission held the public hearing on the intent to create Special Improvement District No. 647 on March 18, 1985. He then recommended that the I Commission indicate its intention to proceed with the creation of this district. Commissioner Vant Hull stated she has indicated during the proceedings that she feels the City is paying too much on this project, and will therefore vote against this agenda item and the following item. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission indicate its intention to proceed with the creation of Special Improvement District No. 647, for the construction of realigned Highland Boulevard and installation of a sanitary sewer main along the northern portion of the right-of-way for said project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull. City Manager Wysocki presented Commission Resolution No. 2550, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2550 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 647 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION I 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 this Commission Reso- lution. Commissioner Vant Hull stated her comment listed in the item above applies to this item also. 04-01-85 101 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Resolution No. 2550, creating Special Improvement District No. 647 for the construction of realigned Highland Boulevard and the installation of a sanitary sewer main along the northern portion of the right-of-way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. I Open II1sta This was the time and place set to open the bids on the bond sale for Special Improve- ment District No. 647, to finance the construction of the realigned Highland Boulevard and the installation of a sanitary sewer main along the northern portion of the right-of-way. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the bids on the bond sale for Special Improvement District No. 647 be opened. 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. The following bid was then opened and read aloud: Net Effective Rate Grande and Company, Inc. Seattle, Washington 11.1612% It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bid received on the bond sale for SID No. 647 be referred to staff for review and a recommendation to be submitted later in this meeting. 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 Decision - Conditional Use Permit Partners apartment condominiums on ots uy's 2nd This was the time and place set for the decision on the Conditional Use Permit requested by Willowwood Partners to allow construction of fifty-nine efficiency apartment condominiums on Lots H, I and K of Guy's Second Addition to the City of Bozeman. This site is more commonly located east of South Black Avenue and south of Dell Place. City Manager Wysocki stated the Commission had conducted the public hearing on this Conditional Use Permit at the meeting of March 18, 1985. He then concurred in the Zoning Commission's recommendation that the request be approved, subject to eleven conditions. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Conditional Use Permit requested by Willowwood Partners to allow the construction of fifty-nine efficiency apartment condominiums on Lots H, I and K, Guy's Second Addition, subject to the following conditions as recommended by the Zoning Commission: 1. That the parking spaces along the western property boundary be screened from view by decorative screening or other appropriate landscape features; 2. That exterior lighting be provided for the designated recreation area; 3. That the final facility plans be submitted by a registered engineer, and be reviewed and approved by the City Engineering Officer and State Health Department; 4. That detailed drainage and grading plans be reviewed and approved by I the City Engineering Officer prior to final site approval; 5. That a secondary access or alternative proposal to avoid major traffic congestion on Dell Place be reviewed, and approved, by the Public Service Director prior to submission to the Bozeman City Commission; 6. That the final covenants and articles of incorporation are reviewed and approved by the City-County Planning Office; 7. That the developer enter into an Improvements Agreement with the City of Bozeman. The structures may not be occupied until all required improvements have been installed and inspected and accepted by the City of Bozeman for each phase. I f occupancy is to occur prior to the 04-01-85 102 installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion; 8. That three copies of the final site plan, containing all the conditions, corrections and m0difications approved by the City Commission be submitted for review, and approved by the Planning Director within six months of the date of the City Commission approval and prior to issuance of a building permit for the project for each phase. One signed copy I shall be retained by the Building Inspection Division, one by the Planning Director and one by the applicant; 9. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approved final site plan for each phase; 10. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use for each phase. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed; and 11. That the pedestrian walkways incorporate a loop system into the development scheme for effective pedestrian circulation, and also tie into existing sidewalks parallel to Dell Place. Commissioner Vant Hull submitted to the Commission a memo suggesting that Condition No. 9 be amended to read "That sodding for Phase I be completed before any units are occupied, if such occupation occurs between May 1 and November 1, and that all other on-site improvements ..... " The Commissioner then stated that when the Ice Pond Townhouses were constructed immediately south of her house, there was water in her basement unti I the site was sodded. She noted the residents along Dell Place have expressed concern that the proposed new development will create water drainage problems; and this condition may alleviate some of those concerns and potential problems. The Commissioner then stated she has also contacted Cashman Nursery, and Mr. Cashman has indicated that sod can be laid from the first of May I until the ground freezes, which can occur in November. She also indicated that she feels this additional requirement would not place any additional hardship on the developers. Planning Director Steve Lere stated that Condition No. 4 addresses surface water drainage; and he feels that would address the concern. Commissioner Vant Hull stated she does not feel Condition No. 4 addresses the problems that could be incurred during construction of the condominiums, but addresses normal surface water drainage only. She also noted that the potential problems may not be strictly surface water, but groundwater may also be involved in the possible flooding of neighboring homes during construction. Mayor Weaver asked the applicants for a response to the proposed revision submitted by Commissioner Vant Hull. Mr. James Lenon stated he would need time to think about the proposed revision. He questioned how sodding might aileviate groundwater problems and noted that surface drainage will be addressed through the City Engineering Officer at a later time. Mayor Weaver then asked Planning Director Lere if he feels the more specific requirement proposed by Commissioner Vant Hull would be useful. The Planning Director once again stated he feels that Condition No. 4 addresses the concerns. He did express concern that the Zone Code does not include any regulations to support the proposed revision. Commissioner Jordan stated that since the subject site is known to have flood water on it at times t it behooves the Commission to do everything possible to make the project as acceptable I as possible to the people in the surrounding area. Commissioner Mathre stated she is uncertain of the effect the proposed revision would have on the developer; and she is inclined to vote against such a revision. Commissioner Anderson expressed concern that the proposed revision would create an economic burden for the developer without a known result. Mayor Weaver asked if any mechanism for revision is possible if the additional require- ment is adopted at this time and then determined undesirable. , 04-01-85 103 Planning Director Steve Lere stated that the Planning Staff has allowed some minor changes in-house; and larger changes can be brought back to the Commission for consideration. Mayor Weaver asked the applicants if they feel the proposed revision will provide an undue burden. Mr. Lenon stated he is concerned about the specific requirement for sodding, which eliminates the possibility of seeding. He then suggested that the term "grass ground cover" I might be considered. Commissioner Vant Hull stated she feels it is important to specify sodding because that will alleviate any water problems created by the construction much faster than if seeding is done. Mr. Mike Delaney, representing the applicants, stated this project is targeted to first- time owner loccupants, and the costs incurred from sodding rather than seeding and landscaping will mean an increased cost to the young buyer. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the main motion be amended as it applies to Condition No.9, and the same be revised to read as follows: 9. That sodding for Phase I be completed before any units are occupied, if such occupation occurs between May 1 and November 1, and that all other on-site improvements (i. e., paving, landscaping, etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approved final site plan for each phase; The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan and Mayor" Weaver; those voting No being Commissioner Mathre and Commissioner Anderson. Commissioner Mathre stated that Condition No. 5 recommended by the Zoning Commission requires that a secondary access to the subject site be approved by the Director of Public Service prior to submission to the Commission. She suggested that the condition should be rewritten to be more specific. I Planning Director Lere suggested the condition be rewritten to read "That East Alderson Street be constructed to City standards in a straight line to the western edge of the proposed development prior to occupancy of Phase I." Commissioner Vant Hull asked if that secondary access will be available for use during construction of the condominium units, so that the trucks hauling materials could avoid using the Dell Place access as much as possible. The Commissioner noted the roadway would not need to be built to City standards during the construction phase, but it should be adequate for the large trucks to use. Mr. Lenon stated he would be agreeable to such a condition. He noted. however, that a water line will be installed along the right-of-way from South Black Avenue to the subject site during the construction phase; so the street will be torn up and wheeled vehicles will be unable to gain access to the site. Mr. Lenon stated the applicants plan to complete the project in phases rather than developing the entire site at the present time. Commissioner Mathre stated she feels that the Commission should rely on the good will of the developers and their consideration of the neighborhood during construction rather than imposing another condition. Commissioner Jordan indicated he has two concerns about this project. He stated he feels the Commission is doing a disservice to the community because of its low off-street park- ing requirements; and he feels that more parking spaces should be required. He also noted that it seems if someone requests a density bonus, it receives an automatic approval. Planning Director Lere stated that the staff reviewed the request based on the criteria I listed in the zoning regulations and recommended a full density bonus. He also noted that the required 1.5 parking spaces per efficiency unit are provided in the site plan. Commissioner Mathre suggested that if the current off-street parking requirements are not adequate, they should be changed so that the standard applied to all projects is the same. Mayor Weaver suggested that Commissioner Jordan submit this concern during the discus- sion of the "FYI Items" so the Commission can direct the staff to review the parking require- ments and criteria for density bonuses. 04-01-85 101t It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the main motion be amended as it appl ies to Condition No.5, and the same be revised to read: 5. That East Alderson Street be constructed to City standards in a straight line to the western edge of the proposed development prior to occupancy of Phase I; 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 The main motion, to approve the Conditional Use Permit, then carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Jordan and Commissioner Vant Hull. * * * * * * * * CLERK'S NOTE: The following is a list of the eleven conditions, as revised by the City Commission, which apply to the approval of this Conditional Use Permit. 1. That the parking spaces along the western property boundary be screened from view by decorative screening or other appropriate landscape features; 2. That exterior lighting be provided for the designated recreation area; 3. That the final facility plans be submitted by a registered engineer, and be reviewed and approved by the City Engineering Officer and State Health Department; 4. That detailed drainage and grading plans be reviewed and approved by the City Engineering Officer prior to final site approval; 5. That East Alderson Street be constructed to City standards in a straight line to the western 'edge of the proposed development prior to occupancy of Phase I; 6. That the final covenants and articles of incorporation are reviewed and approved by the City-County Planning Office; 7. That the developer enter into an Improvements Agreement with the City I of Bozema n . The structures may not be occupied until all required improvements have been installed and inspected and accepted by the City of Bozeman for each phase. If occupancy is to occur prior to the installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion; 8. That three copies of the final site plan, containing all the conditions, corrections and modifications approved by the City Commission be submitted for review, and approved by the Planning Director within six months of the date of the City Commission approval and prior to issuance of a building permit for the project for each phase. One signed copy shall be retained by the Building Inspection Division, one by the Planning Director and one by the applicant; 9. That sodding for Phase I be completed before any units are occupied, if such occupation occurs between May 1 and November 1, and that all other on-site improvements (i. e., paving, landscaping, etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approved final site plan for each phase; 10. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use for each phase. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed; and 11. That the pedestrian walkways incorporate a loop system into the I development scheme for effective pedestrian circulation, and also tie into existing sidewalks parallel to Dell Place. Decision - Zone Map Change - PLI to R-O - Planning Staff - 12. 714-acre tract located in the NWi, Section 17, and NE!, SectIOn 18, T2S, R6E, MPM (portion or the hospItal site) This was the time and place set for the decision on the Zone Map Change requested by the Planning Staff to change the present zoning of PLI (Public Lands and Institutions) to R-O (Residential--Office) on a 12. 714-acre tract located in the northwest one-quarter of Section 17, 04-01-85 105 and the northeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. The subject parcel of land is a portion of the new hospital site. City Manager Wysocki stated the Commission had conducted the public hearing on this Zone Map Change on March 18, 1985 and concurred in the Zoning Commission's recommendation for approval of the request. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the I Commission approve the Zone Map Change from PLI (Public Lands and Institutions) to R~O (Residential--Office) requested by the Planning Staff for a 12. 714-acre tract located in the northwest one-quarter, Section 17, and the northeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, and more commonly known as a portion of the new hospital site. 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. Decision - Zone Code Amendment - Planning Staff - amend Section 18.42.040 to enable properties located in Transitional Districts to develop through the Planned Unit procedure in Chapter 18.54 of the Bozeman Municipal Code This was the time and place set for the decision on the Zone Code Amendment requested by the Planning Staff to amend Section 18.42.040 of the Bozeman Municipal Code to enable properties located in Transitional Districts to develop through the Planned Unit Development procedure as outlined in Chapter 18.54 of said Code. City Manager Wysocki stated the Commission had conducted a public hearing on this Zone Code Amendment on March 18, 1985 and concurred in the Zoning Commission's recommendation of approval. Commissioner Jordan asked what the advantages of this revision will be. Planning Director Steve Lere stated that the Amendment will allow more flexibility in the review process. He noted that no matter which procedure is used, the initial public hearings before the Zoning Commission and the City Commission must be held. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Zone Code Amendment requested by the Planning Staff to amend Section 18.42.040 to enable properties located in Transitional Districts to develop through the Planned Unit procedure in Chapter 18.54 of the Bozeman Municipal Code. 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. Request - one-year extension of Preliminary Plat approval for Platinum Subdivision - William Sebena, Jr. and Dan Sebena City Manager Wysocki presented to the Commission a request submitted by Morrison~ Maierle, Inc., consulting engineers, on behalf of William Sebena, Jr., and Dan Sebena for a one-year extension of the Preliminary Plat approval for the Platinum Subdivision. The City Manager also submitted to the Commission a copy of the minutes of the May 7, 1984, Commission meeting, at which the Commission approved the Preliminary Plat subject to seventeen conditions. He then recommended approval of the requested one-year extension. Commissioner Vant Hull noted that one of the conditions requires State and City approval of the sanitary sewer system; and the letter from Morrison-Maierle indicates that the State has approved the system. She then asked if the City staff has reviewed the plans. City Manager Wysocki stated the City Engineering Officer has reviewed and approved the system as well as the State. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the requested one-year extension of Preliminary Plat approval for the Platinum Subdivision, to expire on May 7, 1986, and subject to the seventeen conditions attached to the original approval, dated May 7, 1984. 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. 04-01-85 10S Commission Resolution No. 2551 - establishment of policy re continuation of public hearings City Manager Wysocki presented Commission Resolution No. 2551, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2551 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING TIME LIMITS WITHIN WHICH CONTINUED PUBLIC HEARINGS MAY BE HELD. City Manager Wysocki stated the Commission had reviewed the proposed policy statement I at the March 18, 1985 meeting and had requested that it be brought back in Commission Resolu- tion form. He then recommended that the Commission adopt Commission Resolution No. 2551. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Resolution No. 2551, establishing time limits within which continued public hearings may be held. 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 - request authorization to proceed with statements of qualifications from bond consultants in anticipation of developing recommendations on the issuance of GO bonds for capital items City Manager Wysocki reminded the Commission that the possibility of issuing General Obligations bonds to finance the purchase of certain capital improvement items, including fire trucks and snow removal equipment, has been discussed at previous Commission meetings. He then submitted to the Commission a memo from Director of Finance McKinney listing possible capital items to be purchased through such a funding source. City Manager Wysocki then requested that the Commission 'authorize the staff to proceed with selecting a bond consultant for a potential GO bond issue. He noted that no costs will be incurred at this time, but there would be at the time of bond issuance. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize and direct the staff to proceed with selecting a bond consultant for the I possible issuance of General Obligations bonds for the purchase of certain capital items. 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 voti ng No, none. Award bid - bond sale for SID No. 647 - construction funds for realigned Highland Boulevard and installation of sanitary sewer main along northern portion of the right-of-way This was the time and place set to award the bid on the bond sale for Special Improve- ment District No. 647, to finance the construction of the realigned Highland Boulevard and the installation of a sanitary sewer main along the northern portion of the right-of-way. Director of Finance McKinney reminded the Commission that the Bozeman Deaconess Foundation and the City of Bozeman own a total of 87 percent of the linear footage involved in this district. He then stated that he and a representative from the hospital have reviewed the bid submitted by Grande and Company, Inc. He noted the proposal includes a liB" coupon and they determined that the additional coupon would add $33,000.00 in interest not included in the net effective rate. He also noted that the City and the hospital have indicated an interest in paying off the assessment early; and the net effective rate of 11.1612 percent is excessive based on today's market for one-year notes. The Director of Finance then recommended that the Commission reject this bid and authorize the City staff to proceed with a negotiated bond sale to secure a more advantageous interest rate; and City Manager Wysocki concurred in that I recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission reject the bid submitted by Grande and Company, Inc., at the net effective interest rate of 11.1612 percent, on the bond sale for Special Improvement District No. 647. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. 04-01-85 10-1 Commissioner Vant Hull stated that the comments listed in Item Nos. 4 and 5 above apply to this item also. It was then moved by Commissioner Anderson; seconded by Commissioner Jordan, that the Commission authorize and direct the City staff to proceed with negotiations with various bonding companies for the sale of the bonds for Special Improvement District No. 647. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, I Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. Staff request re escrow requirements for SID No. 647 for the City and Bozeman Deaconess Foundation City Manager Wysocki submitted to the Commission a memo recommending that the Commission waive the escrow fund requirements for the City of Bozeman and the Bozeman Deaconess Foundation, which own approximately 87 percent of the linear footage involved in Special Improvement Dis- trict No. 674. He noted that Commission Resolution No. 2441, dated May 2, 1983, establ ished the requirement for an escrow fund for any SID which contains 40 percent or more land held in limited ownership. In this case, the City and the Hospital have indicated an interest in paying off the entire amount in the first year; and the need for an escrow fund is eliminated. Also, the Bozeman Deaconess Foundation is a non-profit organization; and the City of Bozeman holds the SID accounts. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission waive the escrow fund requirements for Special Improvement District No. 647 for the City of Bozeman and the Bozeman Deaconess Foundation as limited owners. 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. I Award bid - construction bid for SID No. 647 - realignment of Highland Boulevard and installation of sanitary sewer main along northern portion of the right-of-way This was the time and place set to award the construction bid for Special Improvement District No. 647, for the realignment of Highland Boulevard and installation of a sanitary sewer main along the northern portion of the right-of-way. City Manager Wysocki recommended that the Commission table action on this item until the staff has completed negotiations for the bond issue. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission table action on awarding the construction bid for Special Improvement District No. 647, for the realignment of Highland Boulevard and the installation of a sanitary sewer main along the northern portion of the right-of-way until the negotiations for the bond sale have been completed. 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. 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 with Commission policy established at their regular meeting of March 14, 1983. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" I items. (1) A list of the applicants for the Recreation Advisory Board. The City Manager noted this item will be placed on next week's agenda for appointment of the Board. Commissioner Vant Hull expressed concern and dissatisfaction with the way in which the appointment process is completed. She suggested that an interview committee of Commissioners be established so that the appointment process can be more professionally completed. Commissioner Jordan suggested that a ranking point system might be effective, with the lowest score being the first choice. 04-01-85 108 Commissioner Mathre stated the Library Board of Trustees used a ranking system which seemed effective. She expressed concern about an interview process because few people are willing to apply at this time; and fewer would apply if the process became complicated and burdensome. Commissioner Jordan suggested that the application form could be revised to include pertinent questions; and the appointments could be based on the written answers to those questions. I Mayor Weaver stated he cannot support an interview process. He then asked Commis- sioner Mathre to prepare a draft application form, with all Commissioners to submit recommended questions to her. The Mayor then asked the Clerk of the Commission to submit the list of applicants to the County Commission and the School Board of Trustees. The Commissioners then discussed the possibility of extending the deadline for applica- tions but determined that would not be necessary. (2) A letter from Terry Novak, City Manager of Spokane, Washington, concerning the transport of hazardous materials along Interstate 90. The City Manager stated that Mr. Novak has indicated he will be in Bozeman on April 23. Commissioner Anderson suggested that the Commission instruct the City Manager to contact Mr. Novak and request a 4:30 p.m. meeting on that day for interested Commissioners. Mayor Weaver asked the City Manager to contact Mr. Novak requesting a meeting be set for 4: 30 with the Commissioners. (3) A letter of response from Senator Max Baucus to Mayor Weaver concerning the Revenue Sharing program. (4) A letter of response from State Senator Dorothy Eck to Mayor Weaver indicating support of SB309, allowing tax credits for installation of certain combustion devices on wood- burning stoves. (5) A letter of response from State Senator Mike Halligan to Mayor Weaver indicating support for SB309. I Commissioner Vant Hull noted this bill has been transmitted to the House, but Senator Halligan needs support for the bill to pass in the House. (6) A copy of a letter to Mel Hirsch, President of the Bozeman Property Owners' Association, from Mayor Weaver indicating that the City is seeking alternative methods of snow remova I . (7) A letter of response from Representative Ron Marlenee to Mayor Weaver concerning the Revenue Sharing program. (8) A letter of response from The White House to Mayor Weaver concerning the Revenue Sharing program. (9) An agenda for the Zoning Commission meeting of March 26, 1985, along with the staff reports for each public hearing. (10) City Manager Wysocki stated the Urban Coalition has submitted a request for an additional $272.00 from the City to retain the lobbyist through April 1985. The City Manager stated this item will be placed on next week's agenda for discussion. (11) Commissioner Vant. Hull stated that HB804, Addy's bill on local option taxes, is in its third reading in the House and must be transmitted to the Senate by midnight. She noted an amendment has been attached to that bill requiring that 40 percent of the electorate vote in an election for the local option taxes be approved. She expressed concern because about one-third of the registered voters in Gallatin County were dropped following the general elec- tion held in 1984, so a much higher percentage would need to vote to meet the 40 percent requirement if such an election is not held within the next few months. I Mayor Weaver asked Commissioner Vant Hull to draft a letter, to be prepared in final form by the Clerk of the Commission for all Commissioners to sign. (12) Commissioner Anderson stated she feels all Commissioners should sign a letter supporting Representative Bardanouve1s bill on the right to know, which has been sidetracked. The Commissioner noted that the firefighters have supported this bill, which would protect them and other City employees. 04-01-85 109 Mayor Weaver asked Commissioner Anderson to draft a letter, which will be prepared in final form for all Commissioners to sign. (13) Commissioner Anderson expressed concern about the lottery system. She stated she does not feel that local government should be funded through this method and suggested that the Commissioners may wish to contact the appropriate people in Helena expressing their concerns. (14) Commissioner Anderson gave a brief presentation on her trip to Washington, D.C., I to attend the National League of Cities Annual Congressional City Conference, held on March 23-26, 1985. The Commissioner then began a packet of information with a routing slip and indicated that additional information will follow, including a tape on the six-hour hazardous materials session. The Commissioner stated that a demonstration was held on the steps by about 4,000 people protesting the budget proposed by the President. The general feeling at the meeting was that there has been a lack of consideration in a lot of areas; and opposition to the pro- posed across-the-board freeze was expressed. Those present also indicated that they feel tax expenditures and tax credits should be closely reviewed and the loopholes closed so that those in high income brackets will be required to pay their fair share of taxes. The Commissioner also stated there was support for continuation of the Revenue Sharing program, and a general feeling that the program will be continued for at least two or three years. Commissioner Anderson then suggested that the Commissioners may wish to consider a letter-writing campaign to seek support for maintaining the Revenue Sharing program. (15) Commissioner Jordan expressed concern about the off-street parking requirements in the Zoning Code. He suggested a breakfast or lunch meeting to discuss this item, which would then be placed on the agenda for further discussion and possible action. Mayor Weaver suggested that Planning Director Lere organize a breakfast or lunch meeting and let the Commission know when and where the meeting is to be held. (16) Commissioner Jordan expressed concern that a newspaper article on the County Health Board meeting solicited applications for a board which he did not know exists. I Consent Items Items. II Pipeline Easement and ox - storm dram Claims I It was moved by Commissioner Jordan, seconded by Commissioner Mathre, 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. 04-01-85 110 Recess - 5:50 p.m. Mayor Weaver declared a recess at 5.50 f . . p.m., to reconvene at 7.00 o conductmg the scheduled pub,. h . ' p.m., for the purpose IC earmgs. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7.00 scheduled public hearings. . p.m. for the purpose of conducting the I - Clair W. Daines - allow construction of an ectlon 18 and teN 0 ection 19, T2 , This was the time and place set for the public hearin . . requested by Clair W D" g on the Conditional Use Permit . ames to allow the construction of an ei h . opment on a portion of Certificate f S 9 t-Ul1lt Planned Unit Devel- o urvey No. 803 located in th Section 18 and the northwest one- t. e southwest one-quarter of quar er of Section 19 Townshi 2 S Montana Principal Meridian Thi "t. ' p outh, Range 6 East, Drive. . s Sl e IS more commonly located along the eastern side of Fairway City Manager Wysocki stated the Commission has received a letter from Mr CI" D' re t" th ' . air ames , ques mg ,at the public hearing be cancelled and indicating it will be rescheduled at a later time. The City Manager recommended that the Commission acknowledge this letter of withdrawal. . '~ was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the letter of withdrawal of the Conditional Use Permit re- quested by Clair W. Daines to allow the construction of an eight-unit Planned Unit Development on a portion of Certificate of Survey No. 803 in the southwest one-quarter of Section 18 and the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor I Weaver; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Permit requested by Arthur W. Reese for Ron Mi lIedge to allow a four-unit warehouse on Lot 9 of the Bomont Center Subdivision. This site is more commonly known as 604 Gold Avenue. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted the subject lot is located in an M-l- T, Commercial--Light Manufacturing with a Transitional Overlay, District, which requires a public hearing. The Assistant Planner stated that Mr. Milledge had received a Conditional Use Permit in June 1980 for a concrete batch plant as Phase I and a warehouse as Phase II in developing the subject site. She noted that Phase I was completed within the eighteen-month period, but the warehouse was not started prior to expiration of the Phase II approval. She stated that the plans show one warehouse structure with four units, each having 720 square feet on the ground level and 160 square feet in a loft. The Assistant Planner stated that on March 4, 1985, Mr. Milledge went before the Board of Adjustment and received a waiver for a portion of the paving requirements, so he must now pave the western one-half of the parking lot and gravel the southern one-half. She then stated that the Planning Staff reviewed the plans and found several deficiencies, which she highlighted. She then stated the Zoning Commission held the public hearing on this Conditional I Use Permit and recommended approval, subject to eleven conditions. Mayor Weaver noted that the first eight conditions address items that should have been submitted correctly at the time of original submittal; or the Planning Staff could have rejected the submittal as an incomplete application. Mr. Ron Milledge, applicant, stated that he is representing himself because Mr. Reese, his architect, has been out of town. He noted that the plan being reviewed at this time is basically the same as the plan which was approved in 1980. Mr. Milledge then stated concurrence with some of the conditions recommended by the Planning Staff and Zoning Commission, noting that some represent oversight, and some represent errors contained in the original application 04-01-85 - -- -- - -- -.-..- ---- 111 submitted in 1980 which were to have been corrected by the architect prior to this submittal. He then expressed concern about Condition Nos. 2, 6 and 8. Mr. Milledge stated that Condition No.2 requires that a drainage plan for the site be submitted to the City Engineering Officer for review and approval. Mr. Mi lIedge stated that item was included in the approval of the Conditional Use Permit in 1980; and he has sloped the entire lot to the west on a grade of 30 inches, or 12 inches per 100 feet, so that no water from I the site will drain into Bozeman Creek, which abuts the eastern edge of the subject site. He also stated that any water on the site, from the roofs of the structures, or from the parking lot will travel through one-foot-deep gravel and will soak into the ground, so it will never leave the project site. Mayor Weaver asked Planning Director Lere if this condition reflects any problems; and the Planning Director indicated that it does not, but is a standard condition if the City Engineering Officer has not already reviewed and indicated approval of the plan. Mr. Milledge then addressed Condition No.6, which requires that 75 percent of the front yard be landscaped. He stated he plans to landscape 83 percent of the front yard, and questioned why that item is included in the conditions. The applicant then questioned Condition No.8. He noted that he has graveled the entire site; and the existing paved area is constructed to handle large trucks with full loads. He stated he feels all three of the conditions have been addressed under the permit approved in 1980; and there is no need to list them again at this time. Commissioner Vant Hull asked if the City has a record of the items which were completed under the Conditional Use Permit issued in 1980. Mr. Milledge stated he has one copy of the revised site plan from the 1980 submittal which addresses many of the problems. However, he gave the architect a copy of the original plan, indicating items which should have been corrected but which were not. Planning Director Steve Lere noted that Mr. Milledge has referred several times to the approval granted in 1980. He then reminded the Commission that the 1980 approval has expired; I and this must be considered as a new submittal, and consideration must be based on the plan which has been submitted to the Planning Department. Mr. Milledge noted that the staff in the Planning Department and Engineering Office, as well as most of the Commissioners were not a part of the City in 1980, when the original appli- cation was considered. He stated that the staff in the Planning Department at that time were less than cooperative; and he wants to avoid any duplication of work which was completed at that time. Mayor Weaver noted that City employees are expected to apply the laws evenly. He noted that this site plan does not meet all of the requirements of the law; but it is the only document on which the City staff and Commission must base approval or disapproval. The Mayor also expressed concern that there is no architect's name on the plans and no seal to indicate the plans have been professionally prepared. The Mayor then asked Mr. Milledge if he plans to begin the project this spring. He stated the Commission1s policy is to wait one week prior to making a decision, and asked Mr. Milledge if he understands the process. Mr. Milledge stated he does plan to begin construction as soon as possible; and he does understand the Commission's policy. No one was present to speak in opposition to the proposed Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Ordinance No. 1176 - Capital Improvement Program Appropriation Ordinance I This was the time and place set for the public hearing on Ordinance No. 1176, the Tentative Capital Improvement Program Appropriation Ordinance, 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. Mayor Weaver opened the public hearing. 04-01-85 112 City Manager Wysocki stated the Commission reviewed the list of proposed capital improve- ment projects on March 4, 1985, and provisionally adopted Ordinance No. 1176 on March 11, 1985, listing the projects to be included in the Capital Improvements Program for the period ending June 30, 1985. He reminded the Commission that those items listed under "Rebudgeted Projects" were previously budgeted in Ordinance Nos. 1146 or 1150, but the projects have not yet been completed and must be carried forward; and the remainder of the expenditures repre- sent new projects. He also reminded the Commission that the $69,000.00 listed for the fire I truck reflects a 20 percent down payment on a five-year lease/purchase plan. The City Manager noted that the bid for the right-turn bay on North Eleventh Avenue at its intersection with West Main Street came in at slightly more than $11 ,000.00; and $20,000.00 was budgeted. He noted there should be approximately $5,500.00 remaining after the construction and striping have been completed. The City Manager also suggested that the Commission may wish at this time to set aside in a designated reserve the ladder truck for the Fire Division and the dump truck with a reversible plow for the Street Division and proceed with plans for a General Obligation bond issue. He noted that a new fire truck is needed as soon as possible to replace the 1955 Peter Pi rsch; and the dump truck is a replacement for a 1942 model truck currently being used. City Manager Wysocki then stated the Police Division needs more than the two patrol cars currently listed in the Ordinance; and he recommended that the $5,500.00 savings in the right- turn bay be moved down to the patrol cars and that $6,500.00 be taken from the undesignated reserve to cover the cost of a third patrol car. The City Manager then suggested that the Commission proceed with the public hearing, and indicated the Ordinance can be revised to reflect the suggested changes if the Commission so desires prior to final adoption. Commissioner Anderson stated the safety of the City employees is of prime concern. She then asked what type of schedule should be implemented for replacement of police vehicles. City Manager Wysocki stated there are seven units in the Police Division, two of which were replaced last year. He stated that if a three-year replacement program is instituted, the I cars will still have over 100,000 miles on them when traded for new vehicles. Commissioner Jordan asked, if the General Obligation bond issue is approved and the monies are set aside in a designated reserve, could the GO bond proceeds be used to pay for the fire truck and other equipment and the money set aside in the designated reserve be used for other critically needed capital improvements. City Manager Wysocki stated the monies could be utilized for other projects, preferably the replacement of other pieces of equipment. He reminded the Commission that very few capital items have been replaced during the last five years; and the City will be playing catch-up for the next few years. Mayor Weaver suggested leaving the fire truck and dump truck in the Ordinance and deferring the final decision until the GO bond issue has been pursued. The City Manager stated there are items in the Ordinance which must be replaced as soon as possible; and deferral of the final decision would also delay the purchase of those items. He also expressed concern about placing items in the CI P Appropriation Ordinance which would be included in a proposed GO bond issue. Commissioner Mathre asked if the Commission should consider changing the number of radar units to three also. Assistant City Manager/Director of Public Safety Barrick stated there is no need to purchase three radar units at this time. Commissioner Mathre stated she feels some of the items listed in the tentative CIP Appro- priation Ordinance are justified; but she has questions on some. She then asked about the I foundation for the Park Division building. Assistant City Manager Barrick stated the existing foundation has caused the building to lean. He stated the City should protect what it has, since it does not have adequate funds to replace the building at this time. Commissioner Mathre then asked about the computer hardware for the Finance Department, which includes a personal computer with printer and a displaywriter with printer. She also questioned the need for two printers. 04-01-85 113 City Manager Wysocki stated the personal computer and printer would be located in the Director of Finance's office; and the displaywriter and printer would be located at the PBX station. He noted that the receptionist is also the Director of Finance's secretary; and to have a displaywriter at her station will alleviate the need for clerks in the Finance Department to answer the telephone while she is in the back of the bui Iding, thus increasing productivity. Director of Finance McKinney stated the printers would be different. He noted the I printer in his office will be dot matrix so he will be able to do graphs without tying up the main computer. He noted the printer for the displaywriter will be letter quality, like the one currently used. Commissioner Mathre then asked about the need for the new projector for the Library. City Manager Wysocki stated the Library has been using a borrowed projector since the old projector no longer functions. He expressed concern about using borrowed equipment as the primary unit and indicated he would prefer the City purchase a replacement projector, with the possibility of using the borrowed projector as a back-up if necessary. No one spoke in support of or in opposition to the tentative Capital Improvement Program Appropriation Ordinance. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 8:05 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 I ATTEST: Clerk of the Commission I 04-01-85