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HomeMy WebLinkAbout1985-05-06 lSlt MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 6, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 6, 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 April 29, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Jordan requested that the application for waiver of the open container ordinance submitted by Terry and Curt Hawley be removed for discussion. Award bid - three 1985 police cars for the Police Division This was the time and place set to award the bid for three 1985 police cars for the Police Division. City Manager Wysocki submitted to the Commission a memorandum from the Director of Public Safety recommending that the low bid from Don Norem Chevrolet-Buick, Inc., in the total amount of $32,297. lObe accepted. The City Manager then concurred in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bid for the three 1985 police cars for the Police Division be awarded to Don Norem Chevrolet-Buick, Inc., Bozeman, Montana, in the bid amount of $10,765.70 per unit, which extends to a total of $32,297. 10, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. to Si n Code - Grantree Inn (formerl Ramada Inn and The Inn of Bozeman), I venue - variance to total area 0 the sign City Manager Wysocki presented to the Commission a request submitted by Rainbow Signs on behalf of the Grantree Inn (formerly the Ramada Inn and The Inn of Bozeman) for a variance to the total sign area, along with a memorandum from Building Official Yde explaining the reason for the request. He noted that the applicant proposes to use the cabinet from the old Ramada Inn sign, which is 14 feet tall by 36 feet long, or 420 square feet in size. He noted the Sign Code was revised since the time that sign was originally installed, to allow only 300 square feet in one sign. Mr. Bill Todd, owner of Rainbow Signs, indicated he feels his letter is self-explanatory and he would answer any questions. Mayor Weaver asked if using the same cabinet would save a substantial amount of money, and approximately how much. Mr. Todd stated the cabinet is an expensive portion of the sign and estimated it would save $5,000.00 to $10,000.00. Commissioner Mathre asked how high the sign would be. Mr. Todd indicated the sign would be mounted back on the original 45-foot pole; and the overall height would be 59 feet, which is within the Sign Code regulations. Commissioner Anderson asked if the sign would be angled or would be erected to face North Seventh Avenue. Mr. Todd indicated the sign would be angled so it would be visible from the Interstate as well as North Seventh Avenue. Commissioner Anderson then expressed concern about signs and the potential visual I effect of the community. Commissioner Vant Hull asked if the fact that the proposed sign would have been grand- fathered in had it remained erected has any bearing on consideration of this request. City Attorney Crumbaker-Smith stated that the fact the sign was previously erected at this location has no effect on this request. Mayor Weaver questioned the Commission's purpose in restricting the size of the sign, and the benefit to be realized. 05-06-85 - --_..~- 155 Commissioner Jordan stated the Commission's intent was to make the signs smaller. He then indicated that he feels the Commission should respect that revision, or change the Sign Code if it wishes to allow larger signs, but it should not approve a variance. Commissioner Vant Hull stated she drove along North Seventh Avenue this weekend and noted that the Holiday Inn sign is lower than 60 feet; and the Van's IGA sign appears to be the largest in the area, at 240 square feet. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request for variance to the total sign area, as set forth in the Sign Code, submitted by Rainbow Signs on behalf of Grantree Inn, 1325 North Seventh Avenue. 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. Decision - annexation request submitted by Bos/Neibauer - 4.86-acre tract located north of West Babcock Street at North 25th Avenue extended This was the time and place set for the decision on the annexation request submitted by Clarence and Betty Bos, Jack and Karen Neibauer and Esther Neibauer, for a 4.86-acre tract located north of West Babcock Street at North 25th Avenue extended. City Manager Wysocki noted the Commission had received the Staff Report on this annexa- tion request at last week's meeting. He noted a number of questions were raised during that meeting, which he then answered. He stated two waivers of protest for the creation of SI D's for improvement along West Babcock Street have been signed, one for the Volz/Wallin Annexation, which fronts along 80 feet, and one for the Westgate Subdivision, which fronts along 450 feet. The City Manager then stated 52 dwelling units could be constructed on the site under the current County zoning. He also stated the County Sanitarian has indicated that septic tanks and systems would not be allowed for development of the site, but a conventional sewer would be required. He then reminded the Commission that the primary concerns expressed deal with I accommodation of traffic generated by the proposed annexation. City Manager Wysocki also reminded the Commission the Staff Report indicates that this request does not meet six of the goals and three of the policy statements contained in the recently-adopted annexation policy. Commissioner Jordan asked if the City would face any problems if a waiver of protest for the creation of SI D's is signed by the original owners, and the property is later divided and sold. City Attorney Crumbaker-Smith stated that waivers are filed in the County Clerk and Recorder's Office and should be transferred with the sale of the land to future buyers. City Manager Wysocki then reminded the Commission that a question was raised last week concerning whether the applicants have the authority to request annexation since the land is being purchased on a Contract for Deed. City Attorney Crumbaker-Smith stated a Notice of Purchasers. Interest has been filed at the County Clerk and Recorder's Office for this subject parcel. She then stated a freeholder is a person purchasing under a Contract for Deed, not the record landowner. Commissioner Vant Hull expressed concern about development taking place in the county close to Bozeman. She noted that Baxter II Subdivision, recently approved by the County Commission, will contain 140 houses just outside the City's jurisdictional area, adding to current traffic problems; and development outside the City's jurisdictional area is strangling the City. She then indicated she has tabulated building permits from October through April and found that 8 building permits were issued within City limits and 25 permits in the jurisdictional area. Mayor Weaver noted that approval of this request could imply the commitment of City services and questioned whether the City is prepared to make that commitment at this time. I City Manager Wysocki submitted the staff recommendation that at the present time it is not desirable to annex the subject property. Commissioner Mathre stated she feels that denial is the appropriate decision at this time; but the subject property should be a part of the City at some time in the future. The Commis- sioner stated she is concerned about impacts on the existing transportation system. She also noted uncertainty about the City's ability to provide City services to the site at this time if development is begun. 05-06-85 15G Commissioner Jordan stated he would like to see the entire area annexed at once rather than through a piecemeal approach. Mayor Weaver stated he supports denial of the subject annexation because it compounds the irregularly shaped boundaries in the area and he has grave doubts about the adequacy of ingress and egress to the property. Commissioner Anderson stated she supports denial of the annexation because of traffic concerns and the fact that City services would be required for development. She also indicated I she would like to see the subject parcel become part of a larger annexation request. Commissioner Vant Hull indicated she will support denial at this time, but she has serious questions about whether it is proper. She stated she feels the problems could be resolved and the parcel could be annexed in the foreseeable future. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission deny the request for annexation submitted by Clarence Bos and Jack Neibauer for a 4.86-acre tract located north of West Babcock Street at North 25th Avenue extended. 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. Request for ermission to raiser in Bo ert Park - Great Be s Pre-School - 12: 00 noon to 4: 00 p. m. , City Manager Wysocki presented to the Commission a request submitted on behalf of Great Beginnings Pre-School for permission to conduct a fund raiser in Bogert Park from 12: 00 noon to 4:00 p.m., on June 2,1985. The City Manager reminded the Commission of its policy not to allow the use of public property for private gain and expressed concern that approval would be contrary to that policy. Ms. Kathleen Coyle, who submitted the application, stated she is a parent of one of the students at the pre-school. She stated the owner of the school has filed for a not-for-profit status. Ms. Coyle then stated this has been listed as a fund raiser because Peter Bronken has I donated h is balloon from 2: 00 p. m. to 4: 00 p. m., to be tethered and used to give the students free demonstrations. She stated the activity is mainly for the children, but the parents can also receive demonstrations at a cost of 50 cents. She indicated that any monies raised will be used to purchase outside climbing equipment at one of the pre-schools. Commissioner Jordan asked why the application is from 12: 00 noon to 4: 00 p.m. if the activity Is only two hours in length. Ms. Coyle stated the Recreation Department suggested reserving the park early to allow Mr. Bronken an opportunity to get his balloon set up and tethered. City Manager Wysocki noted the Commission is trying to maintain a fine line between profit and nonprofit activities on public property. He suggested that the Commission approve the request if it feels this is a proper use. Commissioner Jordan indicated he will abstain from voting because his son attends the pre-school. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request submitted on behalf of the Great Beginnings Pre-School for permission to conduct a fund raiser in Bogert Park from 12: 00 noon to 4: 00 p. m. on Sunday, June 2, 1985, contingent upon the use of funds for a not-for-profit activity and that the balloon be tethered. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Commissioner Jordan abstained. Ordinance No. - draft ordinance re historic preservation I City Manager Wysocki stated that Senior Planner Mike Money has a draft ordinance concerning historic preservation. Mike Money submitted to the Commission the draft ordinance which has been prepared by the Historic Preservation Steering Committee and the Planning Department staff. He indicated that Historic Preservation Officer Martha Catlin will review this draft with the Commission. He 05-06-85 157 also noted that a public hearing is required for compliance with the requirements for Certified Local Government standards. Ms. Martha Catlin reviewed the membership of the Steering Committee with the Commis- sion, noting that representatives from the City Commission, Zoning Commission, City-County Planning Board, and neighborhood groups including Main Street, Cooper Park, South Willson, and Beall Park comprise the Committee. She then requested that the Commission review the I draft ordinance and set a public hearing date for May 20, 1985, so that the staff may proceed to the next step. Ms. Catlin then stated the ordinance essentially establishes an Historic Preservation Commission, which is an advisory body. She asked if the Commission would be willing to have the Steering Committee members act as a nominating committee for the Historic Preservation Commission, realizing that the City Commission does the actual appointments. She noted that to obtain Certified Local Government status, some of the Preservation Commission members must possess certain expertise as spelled out in the guidelines. She indicated that if the Historic Preservation Commission meets the requirements, the City may then seek authority to assume some of the roles now S'erved by the State Historic Preservation Office. She noted Bozeman is one of four communities that has such an option at this time and will probably be one of two communities eligible for Certified Local Government status. Ms. Catlin stated that if Bozeman obtains the CLG status, it will review all nominations for historic designation and submit the application, along with its recommendation, to the State Historic Preservation Board for action. She stated one of the biggest official acts of the Historic Preservation Commission would be to maintain an accurate survey and inventory of historic structures in Bozeman. The City would also move toward the option of designating local historic districts and landmarks. Martha noted that historic districts could have local historic status, national historic status or both. Commissioner Jordan asked if the proposed ordinance was prepared specifically for Bozeman or if an existing ordinance was followed. Ms. Catlin stated that the ordinance from Butte was used as a template for this I ordinance; and the Certified Local Government requirements and specific needs in Bozeman were integrated into that template to provide a unique ordinance for Bozeman. Commissioner Vant Hull, Commission representative to the Steering Committee, stated that the Commission has at least one precedent for accepting recommendations for appointment to an advisory committee--the Senior Citizen Advisory Council. Commissioner Jordan asked if the Historic Preservation Commission would consider only items within the city limits or in a jurisdictional area of the county as well. Ms. Catlin stated the Historic Preservation Commission would function within the city limits only. The Commissioner then indicated he has no problem with the Steering Committee submitting recommendations for membership on the Historic Preservation Commission, but he feels the Commission should still have the power to appoint the members. Commissioner Mathre noted one of the purposes of establishing the Historic Preservation Commission is so that the City can participate in federal funding resources for revitalization of historic structures. Ms. Catlin noted that is correct; however, there are no federal funds available at this time. She also noted the local community can be involved in historic preser- vation activities without any - federal funding. Ms. Catlin then stated that under the guidelines for this program, a Historic Preservation Officer must be appointed, but not necessarily employed by the City. She noted that a qualified volunteer could be appointed as the Historic Preservation Officer to meet the program requirements. Martha Catlin then indicated that after the Commission adopts this ordinance, it could then adopt another ordinance allowing historic preservation districts. I Senior Planner Money stated the Historic Preservation Commission will review any nomina- tions to the historic register and will work on updating historic surveys. He also noted the Commission will provide technical advice to homeowners who want to maintain compliance with the Secretary of the Interior's standards. The Senior Planner then stressed the fact that the Historic Preservation Commission is strictly an advisory body. Commissioner Mathre asked if changes to a structure located in an area with an historic designation are restricted. Ms. Catlin stated the historic area designation is strictly honorary and there are no strict guidelines unless federal funding is accepted. 05-06-85 158 Commissioner Mathre then asked about specific zoning for historic designations. Ms. Catlin stated a separate overlay designation would be established in the Zone Code and would be described as the existing districts are. She noted that the possible establishment of a new zone will not be completed in this current process. Senior Planner Money stated the Planning Staff feels that the Historic Preservation Commission must be in place before any formal planning or districts can be implemented, whether nationally and/or locally designated. He then noted that a National Register historic district I cannot be established unless at least 50 percent of the property owners in the proposed district vote to approve that district. Mayor Weaver stated he does not feel the draft ordinance adequately and consistently addresses the fact that the Historic Preservation Commission is an advisory body only. He then asked to whom the body is advisory, suggesting it possibly should be advisory to those involved in planning processes. Ms. Catlin stated that the Certified Local Government program specifies that the Historic Preservation Commission is advisory to the City Commission, or it could possi- bly be advisory to a board which is advisory to the City Commission as well. Commissioner Jordan expressed concern about the provision that the Historic Preser- vation Commission be advisory to the Board of Adjustment and stated he feels that section should be removed. Commissioner Anderson expressed support of that statement. Commissioner Anderson then asked how the criteria will be established for members on the Historic Preservation Commission. Martha Catlin stated that the criteria and required expertise are set forth in the Federal Register. Commissioner Anderson asked if the membership on the Historic Preservation Commission should be limited to city residents, since the body's advisory capacity is limited to the city limits. Ms. Catlin stated there will be neighborhood representatives on the Historic Preserva- tion Commission, which wi II provide a minimum ratio of city residents. She noted that those who possess the needed expertise should be considered for membership on the Historic Preserva- tion Commission,' although they may not be city residents, to meet the CLG requirements. Martha then noted that under the guidelines, applicants for membership must submit resumes, I which then become public record. Mayor Weaver requested that the Commissioners submit any concerns or comments to the Senior Planner in the next two weeks for consideration during revision of the draft ordinance. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission set a public hearing on the draft ordinance establishing an Historic Preservation Commission for May 20, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. B rea k - 5: 1 0 to 5: 20 p. m . Mayor Weaver declared a break from 5:10 p.m. to 5:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2553 - intent to sell surplus property (System/34 computer) City Manager Wysocki presented Commission Resolution No. 2553, intent to sell surplus property, entitled: COMMISSION RESOLUTION NO. 2553 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL CERTAIN SURPLUS ITEMS FROM THE DEPARTMENT OF FINANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. I City Manager Wysocki noted this Resolution indicates the City's intent to sell the IBM System/34 computer, which is no longer needed since the IBM System/38 is now being used exclusively. He then recommended that the Commission adopt this Resolution so that the City can legally sell the old computer to the City of Belgrade, which has indicated an interest in purchasing the equipment. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2553, indicating the City's intention to sell surplus 05-06-85 159 property, more specifically, the IBM System/34 computer. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I City Manager Wysocki presented Commission Resolution No. 2554, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2554 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECREATING 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 FILING, AND BLOCKS 2, 3, 4 AND 5 OF THE AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND FILING. City Manager Wysocki stated the Commission indicated its intention to proceed with the recreation of SID No. 641 at last week's meeting. He then recommended that the Commission adopt Commission Resolution No. 2554, but indicated no further steps will be taken on this SID until the escrow account has been established. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2554, recreating Special Improvement District No. 641. 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. 2555 - recreate SID No. 642 - water mains, storm drains and paving ortlons of Graf's First Subdivision, Second Filin , and the amended plat of a ortion of I econd ling City Manager Wysocki presented Commission Resolution No. 2555, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2555 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECREATING 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 FIRST SUBDIVISION, SECOND FILING, AND BLOCK 2 OF THE AMENDED PLAT OF A PORTION OF GRAF'S FIRST SUBDIVISION, SECOND FILING. City Manager Wysocki stated the Commission indicated its intention to proceed with the recreation of SID No. 642 at last week's meeting. He then recommended that the Commission adopt Commission Resolution No. 2555, but indicated no further steps will be taken on this SID unti I the escrow account has been established. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2555, recreating Special Improvement District No. 642. 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 Application for Liquor License for Calendar Year 1985 - Union Hall Restaurant, 238 East Main Street City Manager Wysocki presented to the Commission an application for a Liquor License, along with the required fee, submitted by Union Hall Restaurant, 238 East Main Street, for the remainder of Calendar Year 1985. The City Manager noted the State has submitted a letter indicating temporary approval of the application. He then recommended that the Commission 05-06-85 160 grant temporary approval, based on the State's temporary approval, with a permanent license to be granted after receipt of the permanent State License. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission grant temporary approval of the Liquor License submitted by Union Hall Restaurant, 238 East Main, for Calendar Year 1985, contingent upon receipt of their State License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those I voting No, none. Goals review City Manager Wysocki noted that discussion of this item was deferred for one week at last week's meeting. He then reviewed the status of each of the eight budgetary and five continuing goals established in July 1984. BUDGETARY GOALS 1. Lyman Creek water supply. The staff has applied for a grant through DNRC and received a letter indicating a recommendation to the Legislature for a low-interest 20-year loan. The loan would be at low interest rates for the first seven years and would be at market rates for the following thirteen years. 2. Management of utility assets. A timber inventory on City-owned land in the Mystic Lake watershed has been completed, and Mr. Hawkins is to submit a summary of his report to the Commission at the end of the month. 3. Equip Police and Fire Divisions adequately. The Commission authorized the purchase of three new patrol cars earlier on this agenda. Discussions are currently being held on purchase of two new fire trucks and the funding of those costs. 4. Recreation program. A number of aspects of the recreation program have been changed and slightly expanded. The City now has a Recreation Superintendent, after that position was open for more than one year. The Recreation Department has just been relocated to the Swim Center, since the Interlocal Agreement has been terminated and the. School District I has indicated a need for the office space previously occupied by the Recreation Department. 5. Maintenance of water distribution and sewer collection systems. This maintenance is an on-going process. The City Manager noted that the need for monies to fund the maintenance has caused this goal to fall into the budgetary category. 6. Personnel increase in specific City departments. The City Manager stated that personnel levels have been increased in certain departments during this fiscal year, including three firemen to man Fire Station No.2, two uniformed police officers, one one-year planning position, and one reference librarian. 7. Encourage support from all resources of the public library services. Members of the Commission, staff and Library Board of Trustees approached the County Commission about additional funding for the Public Library. Also, HB239 was passed during the recent legislative session to provide for service districts for libraries, street maintenance and recreation. 8. Effective legislative lobbying. During this legislative session, several of the Commissioners and members of the City staff attended and testified on a number of bills affecting local governments. The City Manager stated he went to Helena six or seven times; and some of the others attended as many or more times. CONTINUING GOALS 1. Solid waste management--Iandfill. The City is currently monitoring the landfill through wells in cooperation with the Bureau of Reclamation. The City is also in contact with the County concerning a possible waste disposal district and selection of a new landfill site. 2. Development to be self-supporting (transportation). The City has establ ished I annexation and development guidelines which require that all developments provide transporta- tion and roadway needs. The City is also requiring waivers of protest for the creation of SI D's for roadway improvements adjacent to the development. 3. Solid waste management--garbage collection. The City is currently in the second month of a six-month pilot plan for automated garbage collection. He noted the staff will submit a three-month report; and after six months the Commission must determine whether to implement automated garbage collection on a permanent basis. 05-06-85 151 4. Development to be self-supporting (utilities). The City's annexation policy and approach to development involve the requirement that sanitary sewer and water services be properly extended to the subject site. Also, the City has implemented the requirement for water rights or cash-in-lieu payments for all annexations. 5. Better communication among Commissioners. The City Manager stated he believes this is an on-going process. I City Manager Wysocki then indicated that he submitted a list of tasks in December that he would assume over the next six to twelve months. He noted that he was actively involved in lobbying during the legislative session; he is currently working on possible road extensions, including Kagy Boulevard, North Nineteenth Avenue and West Oak Street; and he is monitoring the expansion of the recreation program. Commissioner Mathre asked if any progress has been made on the cable television fran- chising. The City Manager indicated that he met with the local cable television people the first part of March for a preliminary discussion. He then stated that is not one of his primary goals at this time unless the Commission wishes to make it one. Commissioner Mathre than asked if the Commission wishes to proceed with another goal setting session for the upcoming fiscal year and, if so, when. Commissioner Anderson noted that if there are any changes in the goals, they should be considered during the budget process. The City Manager reminded the Commission that enforcement of the snow removal ordinance will have an effect on the budget; and discussions about purchase of fire trucks and snow removal equipment. Mayor Weaver asked that discussion of goals be placed on the May 28, 1985 agenda. Discussion - Commissioners. calendars for June and July 1985 City Manager Wysocki suggested that, due to the time, this item be deferred until after the public hearings have been completed. I a.m. to dusk, City Manager Wysocki stated that Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan noted the extended period of time for this request and questioned whether use of a public address system for twelve hours should be allowed. Commissioner Mathre questioned whether the approval of amplified music should be limited to certain hours. City Manager Wysocki suggested that the period of music be limited to three hours, with the music to be terminated no later than 9:00 p.m. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request for waiver of the open container ordinance submitted by Terry and Curt Hawley for the period 10:00 a.m. to dusk on Saturday, May 11,1985 in Lindley Park; and approve use of a public address system for a three-hour period to be selected by the applicant but to terminate not later than 9:00 p.m. 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 - FYI items City Manager Wysocki presented to the Commission the following "For Your Informationll I items. (1) A letter from Calvin Kaya concerning the fines for failure to comply with the side- walk snow removal ordinance. (2) The agenda and packet for the City-County Planning Board meeting scheduled for May 9, 1985. (3) A letter from Floy Cysewski concerning specific establishments which assert certain moral and ethical improprieties. 05-06-85 162 (4) A memorandum and agenda from the Urban Coalition concerning legislation and an upcoming meeting to be held on Friday, May 10, 1985 in Helena. (5) City Manager Wysocki stated the legislators have been sent a list of twenty potential interim study commissions to be appointed in preparation for the next legislative session. He stated that Alec Hansen has called from the League office and requested that the Commissioners contact their local legislators in support of an infrastructure committee. Commissioner Vant Hull noted that, although HB804, providing for local option taxes, did I not pass, all of the local legislators supported the bill. She suggested that the letter begin with acknowledgement of that effort by our local legislators. The Commission then instructed the Clerk of the Commission to draft a letter for all of the Commissioners to sign during this week. (6) Commissioner Jordan stated that Jim Leiter, Solid Wastes Bureau in Helena, had indicated that a bill passed in this legislative session to provide for a study of a major central collection system for hazardous wastes in the state. (7) Commissioner Jordan stated he attended the luncheon held in Butte by the Department of Commerce for local governments. He stated that in a certified city one person serves as the contact person for all companies interested in possible relocation or expansion; and a network is developed to efficiently and effectively handle those individuals. The Commissioner then indi- cated that probably within two weeks the Chamber of Commerce will contact the City requesting that it participate in this program. The Commissioner indicated the certified cities program has been in effect for quite some time, but the Department of Commerce is now attempting to formalize the program. He then stated he has a copy of the profile for a certified city; and Commissioner Anderson requested that a copy of the profile be included in next week's IIFYIII information. Consent Items Items. II I of West Vi liard venue, and re er artment for reement - ~ and i hland It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the consent items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. I Review of gaming license fees as established in Ordinance No. 1159 City Manager Wysocki stated the Commissioners had requested that a copy of Ordinance No. 1159, establishing specific gaming license fees, be included in this week's packet for review. The City Manager then submitted to the Commission copies of HB236, which was recently adopted in the Legislature and which provides for a new license fee structure, along with revenue projections based on that legislation. 05-06-85 163 Mayor Weaver asked if a public hearing is required if the Commission revises this ordinance. City Attorney Crumbaker-Smith stated there is no statutory requirement, but the Commission can conduct a public hearing if it so desires. City Manager Wysocki stated that Larry Lippon and Randy Leep from D & R Vending are present at this meeting. The City Manager then noted that HB236 establishes a $1,500.00 State license fee per poker machine, a ceiling of $1,000.00 on a City license fee per machine, and a I limit of five poker machines per establishment. He noted that after a 5 percent administrative fee is deducted from the State license fee, 2/3 of the remainder will be distributed to the city or county in which the machine is licensed. Based on an 80 percent conversion rate from keno machines to poker machines and the license fee remaining at $500.00 per machine, the staff has projected approximately $30,000.00 in increased revenues from this source. City Attorney Crumbaker-Smith stated that electronic poker machines will no longer be listed under the Card Games Act in the M.C.A. and indicated she feels that the City's license fee should be established separately under a new ordinance and new section in the Bozeman Municipal Code. Commissioner Vant Hull suggested that the license fee for the first electronic poker machine remain at $500.00 so that the larger establishments do not have a monopoly on the poker machines. However, she feels the license fee for any subsequent machine should be $1,000.00 to encourage self-limitation on the number of machines in one location. Mayor Weaver noted the current ordinance contains a limit of four gaming tables per location. He expressed concern that four gaming tables and five electronic poker machines in one location would provide a casino-type atmosphere,. He suggested the Commission may wish to consider combining the two types of gaming options and establishing a limit on the number allowed, possibly at five. The Mayor then asked Mr. Lippon to give a brief synopsis of his feelings about the electronic poker machine license fees. Mr. Larry Lippon stated that D & R Vending currently has 35 keno machines in Bozeman. He indicated they anticipate a reduction in keno machines, with 22 to 25 machines remaining; I and they anticipate setting 44 electronic poker machines after the new legislation becomes effective. Mr. Lippon stated that implementation of a $1,000.00 City license fee in addition to the $1,500.00 State license fee and the $4,000.00 cost of each machine would produce a financial strain and would probably reduce the number of machines installed. He then suggested that the City not implement a City license fee until July 1, 1986; and he would not complain about the fee established at that time. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that further discussion and possible action on this item be tabled for a period of one week due to the late hour of this meeting. 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. Mayor Weaver requested that this item be placed at the beginning of the agenda. Recess - 6: 15 p. m. Mayor Weaver declared a recess at 6:15 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. I Public hearing - Conditional Use Permit - Everett Egbert for Allen J. Visocan - to allow construction of one 12-unit apartment bUilding and one 18-unrt apartment building on the north 388 feet of Tract 14-A and a portion of Lots 13 and 14, Durston's ::iubdlvision (Kibbey Plaza P. U. D. - Phase "I) This was the time and place set for the public hearing on the Conditional Use Permit requested by Everett Egbert for Allen J. Visocan to allow the construction of one 12-unit apartment building and one 18-unit apartment building on the north 388 feet of Tract 14-A and a portion of Lots 13 and 14, Durston's Subdivision. The property in question extends from 05-06-85 16ft Durston Road to West Villard Street, west of North Seventh Avenue, and is more commonly known as the Kibbey Plaza P. U. D., Phase \I J. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject property is zoned R-4 and contains approximately four acres. He noted when the two requested structures are built, the development will be complete and will contain 84 dwelling units. He stated access to the development will be through private driveways from Durston Road and West I Villard Street. Mr. Skelton indicated the P. U. D. process is required for this because the number of units contained in the six buildings exceeds the number allowed in an R-4 zone. He then stated the amount of property covered by structures is well below the maximum allowed; and a swimming pool was installed during Phase I as an amenity to allow a density bonus. Assistant Planner Skelton stated the construction of three new structures was approved in September 1983; and only one structure was built at that time. He noted that some of the improvements, particularly the interior landscaping, seeding and sodding, have not yet been completed; but the time has not yet expired. He stated one of the recommended conditions for this phase is that an irrevocable letter of credit be required for those improvements not yet installed. The Assistant Planner also noted that adequate lighting has been indicated for Phase III, but there is not adequate lighting in the parking lot for Phases I and II. He then indi- cated that some of the one-bedroom units in the 18-plex do not contain the required 750-square- foot minimum for dwelling units. Commissioner Jordan noted no waiver of protest for creation of SID's for improvements to Durston Road has been indicated in the staff recommendations. He stated the proposed develop- ment will have an impact on Durston Road; and he feels that it should bear its share of that impact. Assistant Planner Skelton indicated that waivers are not usually required for P. U. D.'s. Planning Director Steve Lere stated that if a development clearly places an impact on an arterial, a waiver could be required. He then indicated if the Commission wishes, it can place such a condition on approval of this application. Everett Egbert, applicant, stated his opposition to Condition No. 1 recommended by the I Zoning Commission, which requires that the proposed driveway to Durston Road be relocated to match up with the right-of-way for North Eighth Avenue. He stated the driveway is private; and the owner wishes to avoid use of the parking lot area as a street, probably through the use of speed bumps. Mr. Egbert also noted that changing the driveway will cause a sharper curve through the development and will require that some of the parking spaces be relocated so that the tenants will be required to walk across the driveway to reach the building. Assistant Planner Skelton stated the Director of Public Service has indicated his desire to have the driveway match up with the right-of-way for North Eighth Avenue to avoid possible conflicts in turning maneuvers when that street is developed. Commissioner Jordan noted that North Eighth Avenue is only a few blocks long; and he feels that if the driveway lines up with the right-of-way, people will use the private street as a public one. Planning Director Lere stated that the Code requires a minimum 125-foot offset on streets that do not directly align; and this proposal does not meet that requirement since the offset is approximately 30 feet. Commissioner Anderson asked about the likelihood of North Eighth Avenue being improved. Planning Director Steve Lere stated there is a considerable amount of land along that rlght-of- way which is currently undeveloped; and North Eighth Avenue would provide the logical access to that property. Mayor Weaver requested additional staff input in the need for realignment of the driveway to Durston Road prior to the decision. I 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. Public hearing - Conditional Use Permit - Tom Cotton - to allow construction of a restaurant on Lots 1 and 2, West Main Business Plaza (509 Professional Drive) This was the time and place set for the public hearing on the Conditional Use Permit requested by Tom Cotton to allow the construction of a restaurant on Lots 1 and 2 of the West 05-06-85 18 c- .) Main Business Plaza, Triangle Area Annexation. This site is more commonly known as 509 Professional Drive. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject site is located in a 8-2- T, Community Highway Business with a Transitional Overlay, zoning district, which requires a Conditional Use Permit for development of the property. The Assistant Planner I stated the applicant wishes to construct a Perkins restaurant on the subject site. She then reminded the Commission that an application for this site and restaurant was approved on August 27, 1984; but the applicant failed to complete the final site plan and Improvements Agreement within the time limitations and must complete the entire process again. The Assistant Planner then stated that the Zoning Commission reviewed this application and recommended approval, subject to four conditions. Commissioner Jordan asked if the recommended conditions are the same as the conditions for approval of the previous application. Assistant Planner Elkins indicated the conditions are not the same because a large number of the previous conditions have been addressed on the new site plan. Commissioner Jordan then expressed concern about the traffic generated by new develop- ments along West Main Street and asked if a waiver of protest for the creation of an SI D to install a traffic signal should be required. Mayor Weaver noted that West Main Street is a state highway and questioned why a waiver should be required when the State determines when a traffic signal should be installed and bears the associated costs. Commissioner Mathre noted that none of the new development along West Main Street has been required to sign waivers and questioned why a waiver would be required for this develop- ment. She indicated that the Commission has required participation in the costs of installation of a traffic signal by development at the corner of what will become an intersection of two arterials, but she is not certain that requirement should be placed on this application. I Assistant Planner Elkins noted it would be difficult to justify to the State the need for a traffic signal at the intersection of West Main Street and Professional Drive. Mr. Corbin Ross, architect, was present to represent the applicant. 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. Public hearing - Zone Map Change - Don White for Rosalind I. and R02er Smith - portions of COS No. 1240 - AR to R-O, 2.5374 acres; AR to R-4, 12.2775 acres; R to R-MH, 21.7856 acres This was the time and place set for the public hearing on the Zone Map Change requested by Don White for Rosalind I. and Roger Smith to change portions of Certificate of Survey No. 1240 from the present zoning of AR, Agricultural Residential on 36.6005 acres, as follows: Residential Office District, 2.5374 acres; R-4, Residential--Medium Density-Apartments District, 12.2775 acres; Residential--Mobile Homes District, 21.7856 acres. The property in question is located in the southeast quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The property is more generally described as located north of Durston Street, and west of the northern extension of North Nineteenth Avenue, and is more commonly known as Annie Subdivision, Phase I. City Manager Wysocki reminded the Commission that this property is not yet annexed and recommended that the Commission conduct the public hearing on the Zone Map Change at this time but defer a decision until after the annexation has been completed. I Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She reviewed the maximum number of units that would be allowed in each district and indicated that the R-O district would provide a buffer between the proposed R-4 and R-MH districts and any rezoning of the parcel located just east of the subject parcel, at the intersection of Durston Road and North Nine- teenth Avenue. She noted existing zones in the area are R-2 and R-3; and indicated that the R-O zoning must be developed at the density of the lowest residential zone in the immediate area. 05-06-85 168 . The Assistant Planner then stated the requested zones are in compliance with the Master Plan and are compatible with mixed use districts. She then stated that mobi Ie home parks are at or near capacity in and around Bozeman; and the R-MH zoning addresses a community need. Assistant Planner Elkins then stated the Zoning Commission concurred in the Staff's recommenda- tion that the Zone Map Change be approved, with final action not to be taken until the annexation has been completed. Commissioner Vant Hull questioned the need for an R-O zone. She also expressed I concern that the drawings submitted during Master Plan Amendment considerations indicated a rather large commercial zoning on the parcel just east of the proposed R-O zoning. The Assistant Planner reminded the Commission that the drawings submitted during the Master Plan Amendment process were only schematic drawings; and the City did not take any action indi- cating acceptance of those drawings. She then stated that the R-O rezoning under considera- tion is located in a portion of that site which was listed as commercial use on those schematic drawings. Commissioner Jordan asked if any covenants have been established for any commercial or office space zoning so that it blends with the residential area around it. The Assistant Planner stated that the only proposed covenants submitted to the Planning Staff to date apply only to the R-MH district. Assistant Planner Elkins stated the applicant will request multi-use designation if it is in place before the property is developed. She stated it is not fair to the developer to defer any rezoning until thc;>se criteria have been established and the new zoning designation adopted by the Zoning Commission and the City Commission. Planning Director Steve Lere submitted to the Commission a letter/petition signed by eleven residents in the area expressing concern about the timing of the development in Annie Subdivision and the extension of North Nineteenth Avenue and West Oak Street, and requesting that those street extensions be completed prior to development of the subject subdivision. Mr. Don White, attorney representing the applicants, stated he feels buffer zones should be provided to protect existing development in the area as well as development of the subject I subdivision. Mr. White indicated this Zone Map Change has been submitted at this time because the multi-use zoning designation criteria is not yet completed. He indicated when the new zoning designation is implemented, he will seek a rezoning to that district. He noted that public hearings will still be required under the new process, and plats will still be reviewed and approved for each phase of development. Mr. White stated that a need exists for more R-MH zoning in the Bozeman area. He indicated the proposed R-MH district lines up with the Covered Wagon Mobile Home Park located just east of North Nineteenth Avenue extended. He indicated the location and the proposed design of the area have been done in a manner to cause minimal impact on existing and other proposed residential neighborhoods. Don White then stated the Smiths have signed waivers of protest for the creation of SI D's for improvement of Durston Road adjacent to the subject subdivision and for improvement of North Nineteenth Avenue extended. He then indicated that Mr. Smith has requested that both SID's not be implemented at the same time because that would cause a large financial burden on the project. Mayor Weaver noted that North Nineteenth Avenue is the next FAU funding priority, but use of SID's may aid in the overall project. Assistant Planner Elkins reminded the Commissioners that the waivers of protest apply to the annexation process and are not a part of the Zone Map Change process. Commissioner Jordan asked if commercial development in the Annie Subdivision will be like convenience store type development or mall type development. Mr. White stated the B-1 I zone limits commercial development to neighborhood type stores. He then stated that if a commercial area is requested, it may not be located at the corner of North Nineteenth Avenue and West Oak Street, as shown on the conceptual drawings submitted during the Master Plan Amendment. No one was present to speak in opposition to the proposed Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 05-06-85 16l Break - 8:00 to 8:10 p.m. Mayor declared a break from 8:00 p.m. to 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - Commissioners' calendars for June and July 1985 City Manager Wysocki stated the Commissioners had deferred discussion on this item until I after the public hearings had been completed. Commissioner Anderson stated she wi II be gone on June 24 and July 1, 1985. Commissioner Jordan indicated he will be gone on June 10, 1985. Commissioner Mathre stated she is planning to be gone on June 24, 1985. Commissioner Vant Hull reminded the Commission that at last week's meeting her absence on June 17 and June 24, 1985 was approved, but she could attend the June 24 meeting if necessary for a quorum. City Manager Wysocki indicated that he plans to take vacation during the week of June 24, but had planned to be present for the Commission meeting on that date. Mayor Weaver requested that the above-listed absences be placed on next week's agenda for action. He further requested that discussion on cancellation of the June 24, 1985 Com- mission meeting be placed on the agenda. Overview of Clean-Up Campaign City Manager Wysocki noted he met with three of the Commissioners on Friday afternoon to discuss the clean-up campaign. He noted the park assignments have been made and the Commissioners know for which parks they are responsible. He also stated some of the Commis- sioners have lined up groups to clean in some of the various parks. The City Manager indi- cated the clean-up campaign will be completed in most of the parks on May 11; and on May 18, the Commissioners will clean the City Hall and Library grounds. He indicated that Centennial Park will be cleaned later. I Commissioner Mathre stated that Girl Scout troops were scheduled to work in Bogert Park and Cooper Park earlier this afternoon; and on May 15, one troop is scheduled to clean Beall Park. City Manager Wysocki then stated the clean-up campaign is scheduled from 9:00 a.m. to 1 : 00 p. m . He noted that at 12 noon or 1: 00 p. m. the Commissioners and those involved in cleaning the parks are invited to Cooper Park for hotdogs and pop. Executive Session - re labor negotiations Mayor Weaver called an Executive Session of the Commission at 8:25 p.m. for the purpose of discussing labor negotiations and requested that all persons except the Commissioners, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and the Clerk leave the room. Mayor Weaver declared the Executive Session of the Commission closed at 9: 20 p. m. and reconvened the meeting. Adjournment - 9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I KENNETH L. WEAVER, Mayor ATTEST "'Clerk of the Commission 05-06-85