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HomeMy WebLinkAbout1985-04-15 118 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 15, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 15, 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 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 April 8, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Vant Hull requested that the annual report for the Police Division for calendar year 1984 be removed for discussion. Introduction of guests Commissioner Anderson introduced five Bozeman Junior High students who were attending the Commission meeting to receive credit as a class project. Mayor Weaver welcomed them to the meeting and briefly reviewed the Commission's procedures. Authorize loan from the Cemetery Perpetual Care Fund to the General Fund to cover the costs of the copier systems City Manager Wysocki submitted to the Commission a memorandum from Director of Finance McKinney, addressing this item as well as the item below. The City Manager then recommended that action on this item be deferred until the bid for the six copier systems has been awarded. Award bid - six copier systems for specific City government locations This was the time and place set to award the bid for six copier systems for specific City I government locations. City Manager Wysocki noted he had just submitted a memorandum from Director of Finance McKinney in the above item. He then asked the Director of Finance to review the memo for the Commission. Director of Finance Charles McKinney stated the staff has reviewed the five bids received last week, considering the specifications established, the initial cost of the equipment, the cost of service, the cost of supplies and ability to fulfill service requirements for the equipment. He stated the staff also checked references for the various machines bid as well as ability of the vendor to meet the two-hour time limit for service calls. The Director of Finance stated that Terrell's Office Machines, Inc., submitted the lowest purchase price; J & H Office Machines, Inc., was second low; and Davis Business Machines submitted the third lowest purchase price. However, a tabulation of the initial hardware cost, the maintenance agreement cost and supplies cost shows that the per-copy cost of the machine bid by Davis Business Machines is $.0188; from J & H Office Machines, Inc., is $.0288; and from TerrelPs Business Machines, Inc., is $.0243. Director of Finance McKinney also stated that a review of articles in publications con- cerning the rating of copiers and their performance indicate that the machines bid by Davis Business Machines, Inc., were listed at 3.6 out of a 4.0 overall performance rating, which was the highest of all the machines bid. The Director of Finance recommended that, based on the per-copy costs, the bid be awardetl to Davis Business Machines, Inc., it being in the best interests of the City. I Director of Finance Charles McKinney then reviewed the proposed funding for the purchase of the six copier systems. He stated the Cemetery Board discussed and approved a five-year $20,000.00 loan from the Cemetery Perpetual Care Fund to the General Fund at the repurchase account interest rate plus .05%, to be adjusted annually at the anniversary of the loan. The Director of Finance noted that the Cemetery Board has previously approved a loan of $250,000.00 to the General Fund for the City's portion of the realignment of Highland Boulevard and $20,000.00 for a well in the cemetery. He noted that after this loan has been completed, the CPC Fund will 04-15-85 12U have a balance of approximately $100,000.00 for future investment at a better interest rate. Presently, those funds are in Certificates of Deposit and the like at lower interest rates. The Director of Finance then stated that the copier specifications required a ten-bin sorter; and Davis Business Machines, Inc., has indicated a twenty-bin sorter is available at an additional cost of $500.00. He then recommended that the Commission consider adding this item to the bid amount for the City Hall copier, since twelve to fifteen copies of various items are frequently made. I Director of Finance McKinney also stated that Davis Business Machines has submitted a letter stating that cost of the maintenance agreement and supplies will not be increased more than the national cost of living rate over the next four years. Mayor Weaver noted that the memorandum submitted by Director of Finance McKinney is part of the record. He then asked if the cost of consummable items was included in the bid analysis. The Director of Finance indicated they were. Commissioner Anderson asked if the costs of supplies was included in the original bid specifications. The Director of Finance answered in the affirmative. Director of Finance McKinney then stated the copier at the Library currently provIdes approximately $160.00 per month to the company from which that copier is leased. He then noted that when the new copiers are installed, the revenues from that machine will be receipted into the City. He also noted that purchase of the copiers will save the City approximately 27 percent, or $225.00 per month. The Director of Finance then indicated that combining the revenues from the Library and the cost savings, the City will realize a 46 percent overall cost benefit savings. Commissioner Vant Hull expressed concern about the 20 cents per copy currently charged at the Library and asked if that cost will decrease when the new machines are installed. City Manager Wysocki stated that item should be considered separately, not as a part of the award of bids. Commissioner Anderson noted the memo indicates that the machine bid by Davis Business Machines, Inc., has an automatic document feeder which exceeds the specifications. She then I asked if any of the other machines had features which exceeded the specifications. Director of Finance McKinney stated that the machine from Davis Business Machines also features automatic paper size selection and automatic reduction/enlargement. He noted these features allow the machine to check the size of the paper fed into the machine and select the appropriate tray or allows different sized originals to be placed on the same size paper. The Director of Finance then stated that Terrell's Office Machines, Inc., bid a fifteen-bin sorter for the City Hall, and a ten-bin sorter was listed in the specifications. Mr. Hal Phelps, President of J & H Office Machines, Inc., questioned the recommendation submitted by Director of Finance McKinney. He stated the bid submitted by Davis Business Machines totals $24,518.00 for the machines and maintenance; and J & H Office Machines bid $23,450.00 for the machines and maintenance. He then noted that yet another bid is lower than the one his firm submitted. Mr. Phelps then quoted the paragraph in the bid specifications pertaining to the supply analysis, as follows: III. SUPPLY ANALYSIS Please include with your bid a supply analysis based on the estimated 300,000 copies per year. Include in this analysis any paper, toner or miscellaneous supplies needed. Also include any parts that would not be covered under the fleet maintenance agreement for any reasons. This analysis is not to be included in the total bid price as the City intends, where practical, to enter into annual supply agreements for the copier supplies. I Hal Phelps stated that he interprets that paragraph to mean that the cost of supplies as submitted by the vendor is not to be included in the bid price; and those costs would not be used in the calculations to determine the staff's recommendation. He then questioned why those numbers were included in the staff calculations. Mr. Phelps then questioned whether the machines in the bid proposal submitted by Davis Business Machines for the City Hall and Carnegie Building meet the first copy time with the automatic feeder attached. 04-15-85 121 Director of Finance McKinney stated the staff went to the various vendors and looked at the machines included in the bid proposals. He noted the first copy speed was tested in the same manner on all of the machines--without the automatic document feeder. He stated the Minolta 4502 machine bid by Davis Business Machines meets the specifications. Mayor Weaver asked for an explanation of why the maintenance agreement costs and the supply costs were included in the bid tabulation. Di rector of Finance McKinney stated that the I City purchases copier paper in bulk. However, other supply items, such as toner and developer, are unique to the machine and must be purchased from the vendor. The Director of Finance indicated those costs were considered in the bid review because they are unique costs. Director of Finance McKinney then read the last paragraph on the bid form, which states: The City Commission reserves the right to reject any or all bids, to waive any informality in the bids received and to accept the bid which serves the best interests of the City of Bozeman. The Director of Finance then stated the staff recommendation is based on serving the best interests of the City of Bozeman. City Manager Wysocki recommended that the Commission table action on this item for a period of one week to allow the staff an opportunity to further review the bids and recommenda- tion. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on this item for a period of one week to allow the staff an opportunity to further review the bids and recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Authorize loan from the Cemetery Perpetual Care Fund to the General Fund to cover the costs of TIle copier systems City Manager Wysocki recommended that action on this item be tabled until action on the above item has been completed. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that action on this item be tabled until action on the above item has been completed. 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. Application for renewal of Kennel License for Calendar Year 1985 - Chris Duntsch, 1418 Maple Drive City Manager Wysocki presented to the Commission an application, along with the required fee, submitted by Chris Duntsch, 1418 Maple Drive, for renewal of the Kennel License for Calendar Year 1985. The City Manager concurred in the Animal Control Officer's recommendation that the kennel license be renewed. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the application submitted by Chris Duntsch, 1418 Maple Drive, for renewal of the Kennel License for Calendar Year 1985. 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. Ordinance No. 1176 - Ca~ital Improvement Program Appropriation Ordinance for the period October 1, 1984 through une 30, 1985 City Manager Wysocki presented Ordinance No. 1176, as reviewed by the City Attorney, entitled: I 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 TH ROUGH JUNE 30, 1985. City Manager Wysocki stated the Commission conducted the public hearing on this Ordinance on April 1, 1985 and submitted revisions to the capital items which will be funded through this Ordinance. The City Manager noted those revisions have been completed and recommended that the Commission finally adopt Ordinance No. 1176 at this time. 04-15-85 ------- 122 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1176, Capital Improvement Program Appropriation Ordinance for the period October 1, 1984 through June 30, 1985, as revised. 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. 2552 - establishin I ate and su mitting those revised rates to t City Manager Wysocki presented Commission Resolution No. 2552, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2552 A RESOLUTION SPECIFYING WATER RATE MODIFICATIONS TO BECOME EFFECTIVE AT A SPECIFIC DATE UPON DEPARTMENT OF PUBLIC SERVICE REGULATION OF THE STATE OF MONTANA, PUBLIC SERVICE COMMISSION, APPROVAL; AND DIRECTING APPLICATION TO THE PUBLIC SERVICE COMMISSION FOR APPROVAL THEREOF. City Manager Wysocki stated this Resolution submits the rates listed in the CH2M-Hilll Kerin and Associates water rate study to the Public Service Commission for action. The City Manager then recommended that the Commission adopt this Resolution. Commissioner Anderson asked about the procedure involved in submitting this request to the Public Service Commission and whether City Attorney Crumbaker-Smith will be involved. City Manager Wysocki stated that the City has retained Mr. Bill O'Leary to represent the City in this rate increase request. Commissioner Vant Hull expressed an interest in the unmetered service rates, stating she feels those rates should be higher than presented in the CH2M-Hi II report. Commissioner Anderson noted the Resolution provides for May 15, 1985 to be the effective date for the new water rates. She asked if it is possible to get the rate increase completed by that date. The City Manager stated that was the date suggested by Mr. 0' Leary. He also noted that date can be revised if necessary. I Commissioner Mathre asked if the Public Service Commission will conduct a public hearing in Bozeman, as it did the last time the water rates were increased. City Manager Wysocki indicated he feels there will be a public hearing in Bozeman to solicit public input. Commissioner Jordan asked if the proposed water rates are conservative. He expressed concern that if the proposed water rates are too conservative, the City may be faced with in- sufficient revenues and a need to increase the water rates again immediately. The Commissioner also asked what would happen if the Public Service Commission approves only 85 percent of the request. The City Manager stated the Public Service Commission will specify any items eliminated from the proposal; and the City wi II then need to remove those activities deleted from the fund- ing by the PSC decision. Commissioner Jordan then stated he wants to be sure that the new water rates will provide sufficient revenues to meet all costs as well as the bond covenants. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2552, establishing revised water rates to be effective on a specified date and submitting those revised rates to the Public Service Commission for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - community clean-up proposal City Manager Wysocki noted that Mayor Weaver had requested this item be placed on the agenda for discussion. I Mayor Weaver stated the Commission had tentatively discussed a community clean-up last fall, but no action was taken. He indicated he had requested this item be placed on the agenda to remind the Commission that it has made some commitment to a leadership role in a community clean-up program this spring. He noted that opening the landfill with no dumping cost, extra clean-up runs and use of volunteer groups from the University have been discussed previously. The Mayor stated he feels the City facilities should be cleaned up; and the City should also encourage residents to clean up their private property. 04-15-85 123 Commissioner Anderson suggested that the use of orange bags for disposal of chemicals be considered in the clean-up program. Daria Joyner, Executive Director of the Chamber of Commerce, submitted to the Commission a letter dated April 15, 1985, stating interest in generating support for a "clean up Bozeman" campaign. The letter also noted that North Seventh Avenue does not provide an appealing approach to the City; and the Griffin Drive area has properties which should be upgraded. Ms. I Joyner noted it is too late to begin planning a clean-up campaign this year; but the Chamber would be willing to help organize a campaign for next spring. She noted the project could be promoted through the business community. City Manager Wysocki stated he and Director of Public Works Holmes have discussed opening the landfill at no cost, possibly on May 4 and May 18, 1985. He indicated the staff estimates that $500.00 in revenues are generated each Saturday; and the City would lose that amount. He noted that could be considered the City's contribution toward this project. He also stated the staff has considered the question of whether the commercial garbage haulers should also be allowed to dump at no charge on those dates. The City Manager then noted a message could be printed on the next water bills to notify City residents of this program. The Commissioners concurred that, since the commercial haulers have charged their customers for the pick-up, they should not be exempted from gate fees on those dates designated for free dumping. Mayor "Weaver noted that Friday, May 10; is University Day; and a clean-up campaign around that date may reinstate the original reason for that day. Commissioner Vant Hull stated she feels the landfill should be opened for a clean-up campaign on two consecutive Saturdays, rather than the dates suggested. Mayor Weaver then asked if the City will conduct extra garbage pickups. The City Manager stated that the Garbage Division wi II have a truck go through the alleys and pick up the large items which have gathered for the past six months. Commissioner Jordan asked if the City would participate in the clean-up campaign in those I neighborhoods not serviced by the City. The City Manager suggested that the private hauler which services those areas may wish to participate in this project. Commissioner Jordan then asked if it would be possible to get one of the service stations to provide a barrel for dumping of old oil. City Manager Wysocki stated the City could set up a place to collect old oil. He indicated he would prefer that the City be responsible for collecting the oil rather than involving a gas station because something other than oil might be dumped into a barrel. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct the City Manager to proceed with plans and informing the public of the City clean-up campaign, with the landfill to be open at no cost for two consecutive Saturdays in May. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Break - 5:05 to 5:15 p.m. Mayor Weaver declared a break at 5: 05 p. m., to reconvene at 5: 15 p. m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Preparation of worksheet for the City Commission for anticipated expenditures for FY 1985-86 City Manager Wysocki submitted to the City Commiss"ion a worksheet for its budget unit. He noted Clerk of the Commission Sullivan has submitted tentative figures for the anticipated I expenditures for the remainder of Fiscal Year 1984-85 as well as tentative figures for the Fiscal Year 1985-86 budget. The City Manager noted that the deadline for the estimated expenditures for the remainder of this year was Friday, April 12; and the deadline for the FY 86 figures is Friday, Apri I 26. Mayor Weaver noted the tentative figures provide a budget of approximately $1,000.00 more than the FY 85 budget. The City Manager noted that a large portion of that increase is in advertising. 04-15-85 12ft The Mayor stated it is desirable to have a slight overage in the budget to allow the Commission to appropriate monies from their own budget to specific items they wish to endorse. Commissioner Vant Hull stated she feels the Travel and Schools line item should be decreased $1,000.00; and those monies should be used circumspectly. Commissioner Jordan stated he feels the amount of money should remain or possibly be increased. Commissioner Anderson stated she feels that attendance at the National League of Cities Congress of Cities is beneficial; and at least one Commissioner should attend those meetings. I It was moved by Commissioner Vant Hull that liT ravel and Schools" be reduced by $1,000.00. The motion died for the lack of a second. City Manager Wysocki stated the Commission should review the tentative figures and change those they wish prior to this sheet being incorporated into the City Manager's recommen- dations. He noted that can be done at this time or in one week. The Commissioners concurred in deferring action on this item for a period of one week. Appointment of subcommittee to review Pledged Securities as of March 31, 1985 City Manager Wysocki stated the Commission must appoint a subcommittee to review the Pledged Securities as of March 31, 1985. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Commissioner Anderson and Commissioner Jordan to the subcommittee to review the Pledged Securities as of March 31, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner Jordan. . Annual report for the Police Division for Calendar Year 1984 City Manager Wysocki stated that Commissioner Vant Hull had requested that this item be removed from the Consent Items. Commissioner Vant Hull stated the annual report is informative and interesting, but she feels other specific categories should be included, such as MSU-related calls and incidents and I calls involving County residents. The Commissioner noted those statistics may be helpful in addressing the State Legislature. City Manager Wysocki indicated the staff will determine the feasibility of adding the requested information to the annual report. Commissioner Jordan suggested that the police may wish to put a chart on the wall to keep track of the number of citizen complaints on any establishment selling alcoholic beverages so that information is readily available. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of, and order filed, the annual report for the Police Division for Calendar Year 1984. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Mayor Weaver submitted to the Commission a letter of complaint from Shirley Luhrsen, resident of Gallatin Manor, which is located adjacent to The Sundance Saloon. The Mayor noted this letter was written at his request; and Mrs. Luhrsen is present. The Mayor then suggested this item be placed on the agenda for discussion, with the owner/ manager of the premises invited to attend that meeting. He noted that the Commission must complete a fact-finding I session prior to considering any formal action. Commissioner Vant Hull noted the City has received so many complaints she would like to ask the City Attorney to investigate all avenues to clear up the problems. City Manager Wysocki stated he will review this item with the City Attorney. He then asked Mrs. Luhrsen if she has filed any formal complaints on the incidents referred to in her letter dated Apri I 6, 1985 04-15-85 125 Mrs. Luhrsen stated she filed a complaint on Tuesday afternoon. She noted that was at least the third complaint she has personally filed in the past four years. Mayor Weaver requested the City Manager to review this matter with the Police Division and the City Attorney, with the item to be placed on the agenda within thirty days. (2) The City Manager submitted to the Commission the only FYI item in the packet --a memo and information from Commissioner Vant Hull regarding proposed roadway designs for West I Oak Street, North Nineteenth Avenue, and Kagy Boulevard. Commissioner Vant Hull stated she received this information at the April 10, 1985 meeting. She noted now is an important time to submit input and suggested the Commissioners may wish to review the proposed designs and send any comments to the consultants. Commissioner Jordan questioned who has prepared the plans for the various streets constructed through FAU funding. He indicated he feels a definitive answer should be readily available for those who raise questions about the design. Commissioner Vant Hull noted the procedure for receiving public input is more complete for these subject projects than the procedure used for existing North Nineteenth Avenue and Kagy Boulevard. The Commissioner then indicated the staff may wish to address maintenance costs for landscaping and boulevards along the proposed streets. Mayor Weaver noted the State is now determining whether an Environmental Impact State- ment is necessary, and this procedure is a preliminary environmental assessment. (3) The City Manager then submitted to the Commission a letter from the City Manager in Spokane, Washington, concerning the transportation of hazardous materials along Interstate 90. (4) The City Manager announced that a meeting will be held at 7:00 p.m. tomorrow evening in the Community Room at the Gallatin County Courthouse. He stated the County Commissioners have sent letters to the residents along Durston Road and to the City, inviting them to attend. He noted that he will attend the meeting. (5) Commissioner Anderson routed through the Commission and City Manager information I on community use of cable television which she obtained during the N LC Congress of Cities. (6) Commissioner Vant Hull stated that HB473, the veterans' preference bill, was trans- mitted to the Rules Committee of the Senate and will be assigned to a committee for review. The Commissioner noted that one legislator received 500 letters of support for the bill, which is one of the primary reasons the bi II passed. She also noted the veterans' lobbying effort is very powerful. The Commissioner then indicated that if the bill is to be defeated, a strong lobbying effort against the bill must be established. Commissioner Vant Hull then stated she estimates that if this bill passes as written, local governments in Montana will face approximately $500,000.00 in additional expenditures each year. (7) Commissioner Vant Hull then stated that Senator Dorothy Eck's local option tax bill is still alive, but may be facing problems. (8) City Manager Wysocki expressed concern about opening bids for SID bond sales at a Commission meeting, and having a staff recommendation submitted later in that meeting for action when he has not seen that original bid. The City Manager then suggested that if there are no legal restrictions, the staff could open the bids early in the afternoon and have adequate time to review those bids and submit a recommendation at the Commission meeting, indicating he would feel more comfortable in supporting that recommendation. The Commission expressed support for the suggestion. Mayor Weaver then suggested that if this approach is determined to be legal, this item should be placed on the agenda for formal action, or possible adoption of a Resolution. I Consent Items . Commission the following "Consent Items." one-day beer license - Northern Plains Resource 04-15-85 12G Division Claims Proclamation - "National Library Week" - April 14-20, 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, I Commissioner Jordan and Mayor Weaver; those voting No, none. Recess - 6:00 p.m. Mayor Weaver declared a recess at 6:00 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the public hearing on Commission Resolution No. 2548, as prepared by the City Attorney, entitled: RESOLUTION NO. 2548 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 641 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH SANITARY SEWER MAIN AND ALL OTHER NECESSARY APPURTENANCES TO SERVE ALL LOTS LOCATED WITHIN BLOCK 1 OF GRAF'S FIRST SUBDIVISION, SECOND I FILING, AND BLOCKS 2, 3, 4 AND 5 OF THE AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND FILING. Mayor Weaver opened the public hearing. City Manager Wysocki stated that Special Improvement District No. 641 will provide for construction of the sanitary sewer lines to service Graf's First Subdivision, Second Filing, including the amended plat of Blocks 2, 3, 4 and 5 of the subdivision. The subject site is located along the west side of Highland Boulevard, just south of the water storage tank. Mr. Gene Graf, III, one of the two owners involved in this Special Improvement District, stated this district was originally created two years ago; but bonds were not sold and con- struction was not begun because building permits were not issued until construction was under- way on the water storage tank. He stated the district is being recreated at this time because the estimated construction costs in the original creation are lower than the anticipated costs now and the boundaries have been changed. He noted the plat for Blocks 2, 3, 4 and 5 has been amended so that the 28 lots involved have been reduced in size, and there are now 36 lots. He noted the reduced size is necessary because the SID costs for some of the larger lots were $30,000.00. Mr. Graf then expressed concern about the amount the developers have been asked to place in an escrow account, as required by Commission Resolution Nos. 2441 and 2484. Mr. Graf stated that when the SID was originally created, he received a letter from former City Manager Evans and former Director of Finance Swan indicating he was required to deposit about $30,000.00 in an escrow account for one year's assessments to comply with the above-referenced Resolutions, I since he owns 48 percent of the property involved. He also noted that Westland Enterprises was also required to establish an escrow account for one year's payment since they own 52 percent of the property. Mr. Graf then indicated that he has received a letter from City Attorney Crumbaker-Smith stating that an escrow account in the approximate amounts of $60,000.00 for SID No. 641 and $65,500.00 for SID No. 642 must be established, to cover three years' assessments. He noted 04-15-85 121 that the City Attorney's basis for requiring that amount is based on the definition of IIlimited ownershipll listed in Commission Resolution No. 2441. City Manager Wysocki indicated the staff will review this matter further and may submit this item to the Commission for clarification. He then asked Mr. Graf to indicate the amounts of the two SID's. Mr. Graf stated that Special Improvement District No. 641 is in the amount of $130,000.00; I and SID No. 642 is in the amount of $140,000.00. He noted that requires approximately 50 percent of the costs be paid up-front, which seems to defeat the purpose of a Special Improvement District. No one was present to speak in opposition to the creation of this Special Improvement District. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 642 - water mains, , and the amended This was the time and place set for the public hearing on Commission Resolution No. 2549, as prepared by the City Attorney, entitled: RESOLUTION NO. 2549 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 642 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH WATER MAIN, STORM DRAINAGE, ASPHALT CONCRETE PAVING, CURB AND GUTTER AND SIDEWALKS AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS LOCATED ON KENYON DRIVE FROM THE SOUTH BOUNDARY LINE TO THE NORTH BOUNDARY LINE OF BLOCK 1 OF GRAF'S FI RST SUBDIVISION, SECOND FILING, AND BLOCK 2 OF THE AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND FILING. I Mayor Weaver opened the public hearing. City Manager Wysocki stated that Special Improvement District No. 642 is a companion SI D to SID No. 641 and wi II provide for construction of water mains, paving, curb and gutter, and sidewalks, Phase I, which includes Block 1 of Graf's First Subdivision, Second Filing, and Block 2 of the Amended Plat of a portion of Graf's First Subdivision, Second Filing. The subject site is located along the west side of Highland Boulevard, just south of the water storage tank. Mr. Graf1s comments set forth in the testimony on Special Improvement District No. 641, above, apply to this item as well. Mr. Graf indicated he had no further comments to make at this time. No one was present to speak in opposition to the proposed Special Improvement District. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. - Conditional Use Permit - Don Amos for Tom and Cecelia Reiner, dba This was the time and place set for the public hearing on the Conditional Use Permit requested by Don Amos for Tom and Cecelia Reiner, doing business as Lux Transfer and Storage, to allow construction of two additional storage buildings on Lot 4, Tract 6, and Lot 2, Tract 7, of Gardner Simmental Plaza. This site is more commonly known as 2400 North Nineteenth Avenue. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject parcel I is approximately 4.35 acres in size and is located in an M-l, Commercial--Light Manufacturing District. He stated the two proposed structures would be constructed as mini-warehouse rental space. The Assistant Planner then stated a Conditional Use Permit for a minor PUD was approved by the Planning Staff in January 1985 for two structures, which are currently under construction on that site. The addition of the two proposed structures changes the status of construction on this site to a major PUD, which requires Commission action. He noted two accesses from North Nineteenth Avenue to the site will be provided. Sidewalks are not included in the site plan; but no sidewalks have been required for other developments in the area. 04-15-85 128 Assistant City Planner Skelton stated the Zoning Commission conducted its public hearing on this application and recommended approval, subject to seven conditions, which he briefly reviewed. Commissioner Jordan noted the subject site is located outside City limits and asked if any City services are provided, particularly fire protection. A representative of the applicant indicated the property is served by the Rae Volunteer Fire Department; and the area is served by City sanitary sewer services. I Commissioner Vant Hull questioned whether sidewalks should be considered, since some of the proposed designs for the extension of North Nineteenth Avenue do include sidewalks. Assistant Planner Skelton stated the site is located outside City limits; and the covenants on the subject parcel do not require sidewalks. He indicated he does not feel sidewalks should be a requirement. He then noted there is adequate right-of-way for roadway improvements and sidewalks if a need is determined in the future. Planning Director Steve Lere stated the City has not required sidewalks in light industrial areas in the past. No one spoke in support of or in opposition to the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Carl Lehrkind for Lehrkind's Coca Cola - allow addition to present structure for a production plant on Tract 1, COS 547, in the Northeast Annexation (1715 North Rouse Avenue) This was the time and place set for the public hearing on the Conditional Use Permit requested by Carl Lehrkind for Lehrkind's Coca Cola to allow an addition to the present structure for a production plant on Tract 1 of Certificate of Survey No. 547 in the Northeast Annexation to the City of Bozeman. This site is more commonly known as 1715 North Rouse Avenue. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject parcel is approximately 5.4 acres in size and is located in an M-l- T -4, Commercial--Light Manufacturing District with a transitional overlay. This application would allow construction of a 17,600- I square-foot metal building as an addition to the west side of the existing building, which would be used for production and bottl ing of soft drink beverages. The Assistant Planner stated that in Apri I 1979 the City approved a Conditional Use Permit for the existing structure, as Phase I, and a 14,000-square-foot bottling plant, as Phase II. No Improvements Agreement was entered into at that time; and the parking lot has not yet been paved. The Assistant Planner stated there are two existing accesses to the site from North Rouse Avenue, with a driveway which loops around the building. He noted the site plan provides for 48 parking spaces; and only 38 are required. The Assistant Planner stated that the Zone Code requires that the off-street parking area, loading area and driveway be paved. The applicant requested a variance before the Board of Adjustment in April 1985; and that request was denied. He also noted the site plan indicates the use of railroad ties for curb stops and landscaping protection, which is not permitted; and adequate exterior lighting for the off-street parking area must be provided. Assistant Planner Skelton stated the Zoning Commission conducted a public hearing on this application on March 26, 1985 and recommended approval, subject to eleven conditions. Mayor Weaver questioned why railroad ties are not permitted as curb stops and for land- scaping protection. The Assistant Planner stated the physical limitations of the material in the railroad ties and the manner in which a curb stop must be secured to the paving do not allow the railroad ties. Mayor Weaver then questioned the amount of exterior lighting to be provided. He noted the Commission has received input from those in the community with astronomical interests con- I cerning the amount of outdoor lighting. Assistant Planner Skelton stated lighting is required for off-street parking areas for security. He stated the Planning Staff feels that the proposed surface-mounted fixtures will not provide adequate security for the entire lot. Commissioner Vant Hull questioned whether the staff has considered the possibility of low-pressure sodium lights to minimize the effect on those studying the sky. Planning Director 04-15-85 129 . Lere stated that the staff has not reviewed the issue, and he is uncertain about the costs involved in requiring low-pressure sodium lighting. Mayor Weaver asked if it would be possible to get an answer on whether the City should specify the type of lighting to be used with minimal staff time involved. Commissioner Anderson noted she has received several comments about excessive lighting along Kagy Boulevard. She then asked if the lighting requirements could be decreased. I Mr. Corbin Ross, architect representing the applicant, indicated he was present to answer any questions. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. - Zone Code Amendment - Plannin6 Staff - allow Day Care Centers by Section 18.52.140 and Table 4 of hapter 18.62 of the Bozeman This was the time and place set for the continued public hearing on the Zone Code Amendment requested by the Planning Staff to allow day care centers by amending Chapter 18.04, Section 18.52.140 and Table 4 of Chapter 18.62 of the Bozeman Municipal Code. Mayor Weaver opened the continued public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the Planning Staff has suggested that Sections 18.04.102, 18.04.104, 18.04.106 and 18.04.435 be added to provide more specific definitions of child care center; child care facility, accessory; child care home; and preschool. The suggested amendment would also add child care homes and/or child care centers as conditional uses in the various zoning districts, as set forth in Section 18.52.140 while deleting nursery and day-care centers. Table A of Section 18.62.190 would also be revised to add parking requirements for the added items and would delete the parking requirements for day-care and nursery schools. The Assistant Planner stated that the definitions of the various terms conform with State Statutes and SRS regulations. She also noted that the revisions in the parking requirements I change the size of each parking space from that for a large truck to that of a car. She stated that decreases the size of one parking stall from 12, feet by 35 feet, or 420 square feet, to 9 feet by 18 feet, or 162 square feet. She noted that represents a 60 percent reduction in the amount of paved off-street parking requirements. Commissioner Vant Hull expressed approval of the proposed decrease in paving require- ments . Commissioner Jordan stated he feels there should be areas in the community where one can purchase a home without the possibility of a neighbor obtaining a Conditional Use Permit for a child care home. Mayor Weaver questioned whether a child care home is an appropriate use in an R-l zone. Planning Director Steve Lere stated the staff feels that single-family residential neighborhoods are some of the most appropriate places to have child care homes. Commissioner Vant Hull noted the Commission has received objections to various day care facility requests and asked if those objections have been submitted from a specific zoning district. Planning Director Lere stated that day care facilities have almost always drawn criticism and opposition. No one spoke in opposition to the proposed Zone Code Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearin - Zone Code Amendment - amend Section 18.04 and Section 18.62 of the Bozeman ode by revising the Landscaping equirements I This was the time and place set for the public hearing on the Zone Code Amendment requested by the Planning Staff to amend Sections 18.04 and 18.62 of the Bozeman Municipal Code by revising the landscaping requirements. Mayor Weaver opened the public hearing. City Manager Wysocki stated the Zoning Commission continued the public hearing on this item. He then recommended that this public hearing be opened and continued until a recommen- dation is received from the Zoning Commission. 04-15-85 130 Mayor Weaver continued the public hearing until such time as a recommendation is received from the Zoning Commission. Adjournment - 7:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I 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 I 04-15-85