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HomeMy WebLinkAbout1985-05-20 179 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 20, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 20, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Jo.rdan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commissioner Anderson was absent due to illness. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of May 13, 1985, were approved as amended. Absence of Commissioner Anderson It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize the absence of Commissioner Anderson from this meeting in compliance with Section 7-3-4322(2), M.C.A., due to illness. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. This was the time and place set for the decision 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 Durston Road I to West Villard Street, west of North Seventh Avenue, and is more commonly known as the Kibbey Plaza P.U.D., Phase III. City Manager Wysocki stated the Commission had conducted the public hearing on this request at the meeting of May 6, 1985; and the decision had been tabled indefinitely at last week's meeting at the applicant's request. He then stated the applicant has resolved the issues during the past week and has requested that action be taken. The City Manager recommended that the Commission approve the Conditional Use Permit. subject to the fourteen conditions recommended by the Zoning Commission and the three conditions listed in his memorandum dated May 13, 1985. Commissioner Jordan asked if the Zoning Commission recommendations include a require- ment for installation of sidewalks along Durston Road. The Planning Staff indicated there are currently sidewalks along the south side of Durston Road. Commissioner Vant Hull noted there is an existing need for a left-turn bay and revision of the traffic signal at the intersection of Durston Road and North Seventh Avenue. She noted that the developer of Annie Subdivision has indicated that he will participate in the upgrading of that intersection; and the subject development is much closer to the intersection. She then suggested that another condition be placed on approval of the application to require participa- tion in upgrading of the intersection also. City Manager Wysocki stated the staff does not have adequate time to review this sugges- tion and respond; and the applicant should be given an opportunity to consider the suggested condition as well. He then recommended that only the conditions which have been suggested by I the staff and agreed upon by the applicant be considered at this time. Mayor Weaver noted that Annie Subdivision is currently in the Preliminary Plat sub- division review process; and this item is a Conditional Use Permit under the Zone Code, which is an entirely different process. He questioned whether participation in an off-site intersection shou Id be imposed on the subject appl ication. Commissioner Vant Hull suggested that action on this item be deferred for a period of one week to allow the staff an opportunity to review the possibility of requiring participation in the upgrading of the intersection of Durston Road and North Seventh Avenue. 05-20-85 IBO It was moved by Commissioner Vant Hull that action on this Conditional Use Permit be tabled for a period of one week to allow the staff an opportunity to review possible require- ments for participation in intersection improvements. The motion died for the lack of a second. Commissioner Mathre stated she is not aware that such requirements have been made for projects already underway, such as this Planned Unit Development. Planning Director Lere stated the City has required off-site improvements for some new PUD's; but he noted participation in improvement of the intersection of Durston Road and North I Seventh Avenue has not been required of the Valley Unit Subdivision or the Barrick Annexation, which wi II also impact the intersection. The Planning Director then noted the subdivision process is very different from the conditional use process. Commissioner Vant Hull then expressed concern about the condition which requires that the driveway for the subject development be aligned with the right-of-way for North Eighth Avenue. She noted a private street provides access to the PUD; and aligning it with a public street right-of-way may create more through traffic across the PUD, which is undesirable. The Planning Director stated the subdivision regulations require that intersections must be separated by at least 125 feet; and there is not sufficient distance to provide that offset within this project. Commissioner Jordan stated at last week's meeting, he made an argument similar to Commissioner Vant Hull's about development on West Main Street; and was told that the City has little to say about installation of traffic signals or improvements to intersections located on state highways. He then suggested the Commission should establish a policy addressing this type of concern so that all requests are considered uniformly. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the Conditional Use Permit requested by Everett Egbert for Allen J. Visocan to allow construction of one 12-unit apartment building and one 18-unit apartment building in Kibbey Plaza PUD, Phase III, subject to the following conditions: 1. That the proposed driveway will match up directly with the public right-of-way for North Eighth Avenue, and a sidewalk along the north boundary of the property is provided. I 2. That the petitioner provide a Waiver of Protest for Creation of Special Improvement Districts for one-half of a local street, curb and gutter, and sidewalk on the Durston Road frontage. 3. That the final site plan indicate the location of North Eighth Avenue north of Durston Road in relation to the private driveway onto Durston. 4. That water and sanitary sewer mains and utility easements be properly located on the final site plan, reviewed and approved by the City Engineering Officer, prior to final approval. 5. That a maintenance access easement, with base gravel, be provided to the existing drainage ditch along the west boundary, as approved by the City Engineering Officer, via one of the parking lots in the area of the existing buildings to allow service to the sewer manhole located in the alley right-of-way. 6. That adequate exterior lighting for off-street parking areas be provided and indicated on the final site plan, to include a typical detail, for the two previous phases, prior to final approval. 7. That finished, first-floor elevations are noted on the final site plan prior to final approval. 8. That the final site plan will comply with interior landscape requirements for parking areas as established in Chapter 18.62, Bozeman Zoning Regulations, prior to final approval. 9. That the final site plan indicate typical sidewalk/parking details as required in Section 18.62.180, prior to final approval. I 10. That floor plans for the proposed 18-plex wi II comply with Section 18.22.040 regarding minimum floor areas per living unit, prior to final approval. 11. That an irrevocable Letter of Credit for Phase II be submitted and approved by the Planning Office prior to final approval. 12. That surface drainage and grading plans be reviewed and approved by the City Engineering Officer prior to final site approval. 05-20-85 181 13. That the developer enter into an Improvements Agreement with the City of Bozeman. The structures may not be occupied until all required improvements have been installed and inspected and accepted by the City of Bozeman for each phase. If occupancy is to occur prior to the installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion. I 14. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six months of the date of the City Commission approval and prior to issuance of a building permit for the project for each phase. One signed copy shall be retained by the Building Inspection Division, one by the Planning Director, and one by the applicant. 15. All on-site improvements (i .e., paving, landscaping, etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approval final site plan for each phase. 16. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use for each phase. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. in Bo ert Park for City band concerts - City Manager Wysocki presented to the Commission a request submitted by Lauretta Shekitka, President of the Bozeman Eagle Forum, for authorization to operate a concession in Bogert Park during the City band concerts. I Mrs. Lauretta Shekitka stated the concession would be a fund raiser for the Eagle Forum. She then reviewed the basis for the Eagle Forum, noting it is a pro-life, pro-family, nonprofit organization which promotes nonpartisan political views. She indicated they had a lobbyist in Helena during the past legislative session. Mrs. Shekitka stated if the Commission approves this request and it proves successful, they will probably request authorization to continue the concession next year. Commissioner Mathre noted the Commission carefully considers such requests, and has a policy not to allow the use of public parks for private gain. She noted the non-profit status of this organization should possibly be considered in the decision-making process. Commissioner Vant Hull noted the band concerts are a community event. She expressed concern that the concessions could provide a safety problem. The Commissioner also expressed concern that if this request is approved, the Commission may be faced with a proliferation of this type of activity. She then suggested that the Bozeman Eagle Forum may wish to set up a concession during the Farmers' Market, which is held in the shelter. Commissioner Jordan stated he does not feel it is in the City's best interests to approve this request. He then concurred in Commissioner Vant Hull's concern that approval might cause proliferation of this type of activity. Commissioner Mathre stated that fairness must be considered; and concurred that approval of this request could lead to additional requests, which would be difficult to deny. Mayor Weaver stated he feels a public park is an appropriate place to conduct a political fund-raising activity. He indicated he would have no problem with one fund-raising activity; I but he does not support establishing a concession in a City facility over an extended period of time. Commissioner Jordan then asked if anyone has talked to the City band to find out if they would support a concession. He indicated he feels they should have an opportunity to provide input if such an activity is to be considered. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission deny the request submitted by Lauretta Shekitka, Bozeman Eagle Forum, to conduct a concession in Bogert Park during the City band concerts. The motion carried by the following 05-20-85 182 Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Mayor Weaver suggested that the applicant consider submitting an application for a one-time fund-raising activity if they wish to raise monies in the future. City Manager Wysocki suggested that the Commission consider guidelines, in addition to nonprofit status and one-time fund-raising events, that should be involved in developing a policy for considering this type of request in the future. I Request - permission to conduct IIShirtail Paradell; waiver of the open container ordinance - Friday, June 14, 1985, 10:00 p.m. - sidewalks along Main -Street City Manager Wysocki presented to the Commission a request for permission to conduct a IIShirtail Parade,1I on the sidewalks along Main Street, with a waiver of the open container ordinance, on Friday, June 14, 1985, at 10:00 p.m. The City Manager noted this activity would be conducted during the Eagles' State Convention, which is to be held in Bozeman on June 12 to 15, 1985; and would consist of the members forming a snake down the sidewalks, traveling from bar to bar with drink in hand. He noted the Commissioners have received a recommendation for denial from the Chief of Police and concurred in that recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the request for a waiver of the open container ordinance to conduct a IIShirtail Paradell along the sidewalks of Main Street, at 10:00 p.m., on Friday, June 14,1985, be denied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Request - permission to conduct Eaqles' State Parade - Saturday, June 15, 1985, 3:00 p.m. - Main Street City Manager Wysocki presented to the Commission a request for permission to conduct the Eagles' State Parade on Main Street at 3:00 p.m. on Saturday, June 15, 1985. The City Manager stated the Chief of Police has reviewed the parade request and proposed route and I recommends approva I; and concurred in that recommendation. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the request for permission to conduct the Eagles' State Parade at 3: 00 p.m. on Saturday, June 15, 1985, on Main Street from Willson School to Rouse Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Com- missioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - participation in Montana Certified Cities Proqram; Commission Resolution No. 2556 - authorizing partIcipation In ,............... City Manager Wysocki stated that Mr. LeRoy Luft and Ms. Doris Fischer are present from the Gallatin Development Corporation to discuss this item with the Commission. Mr. LeRoy Luft stated the Montana Certified Cities Program is being organized by the Department of Commerce, and is an outgrowth of the IIBuild Montanall program and is a program of the Montana Ambassadors. Mr. Luft stated a number of items must be completed for certifi- cation; and the Gallatin Development Corporation is currently working on a number of those item s . He noted the items which must be completed include compilation of a data book, one-year and five-year economic development plans for the City, provision of technical assistance to existing and new businesses and manufacturing ventures, establishment of a finance committee to help obtain funding for new businesses, organization and development of a marketing program and promotion of that program. Mr. LUft stated a sponsoring group is required for the program. He stated the Gallatin I Development Corporation is requesting that the City be the sponsor and authorize the expendi- ture of $100.00 to pay the filing fee which must accompany Bozeman's application as a certified city. He noted the process wi II take approximately 11 years; but he feels that certification wi II place a city at the top of the list at the Department of Commerce for those businesses seeking new communities. Mr. Luft then introduced Mrs. Doris Fischer, Executive Director of the Gallatin Develop- ment Corporation, to the Commission. 05-20-85 183 Commissioner Vant Hull asked if the City will be asked to make any future commitments of monies or manpower. Mr. Luft stated the $100.00 fee is a one-time application fee. He stated the City must be recertified after three years; and a fee might be required at that time. He indicated the Gallatin Development Corporation will report to the Commission on an occasional basis, but there will be little City involvement in the process. Mrs. Fischer indicated she would like to work I closely with the City in development of one-year and five-year economic programs and get ideas from the City on other portions of the information; but the Gallatin Development Corporation is not seeking additional funds for the program. City Manager Wysocki stated he feels it is in the City's best interests to participate with the State Department of Commerce in the Montana Certified Cities Program. He then reminded the Commission that the Department of Commerce was instrumental in the recently successful application for UDAG funds; and they are very willing to help cities in other areas. He noted a governmental entity must be involved in the MCCP; and he feels the City would benefit from it. Commissioner Jordan stated he feels the $100.00 application fee is a reasonable invest- ment in the program. He then indicated the Department of Commerce is to aid in obtaining financing for new businesses in Montana; and he is hopeful that obligation will be met. City Manager Wysocki then presented Commission Resolution No. 2556, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2556 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY'S PARTICIPATION IN THE MONTANA CERTIFIED CITIES PROGRAM. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2556, authorizing the City of Bozeman to partici- pate in the Montana Certified Cities Program. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. B rea k - 4: 55 to 5: 1 0 p. m . Mayor Weaver declared a break from 4:55 p.m. to 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Plat Review - and ection 2, T2 , venue This was the time and place set for the preliminary plat review of Annie Subdivision, Phase I, a 48-acre tract located in the southeast one-quarter and the northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principa I Meridian. This site is more commonly known as being located immediately north of Durston Road at North 22nd Avenue extended. City Manager Wysocki reminded the Commission that the subject parcel is a portion of the Smith Annexation, upon which the annexation process has not yet been completed. He suggested that the Commission accept the Staff Report and public testimony on the preliminary plat at this time, but that action be tabled unti I the annexation has been final ized. Assistant Planner Marcia Elkins presented the Staff Report. She reminded the Commission that it has conducted the public hearing on the annexation request and indicated its intention I to proceed; and the staff is currently working with the developer in preparing an annexation agreement, after which the Resolution of annexation can be adopted. She also reminded the Commission that it has conducted the public hearing on a Zone Map Change request submitted by the applicant; and the decision on that item has been deferred until after the annexation process has been' completed. The Assistant Planner stated that the petitioner has dedicated the north one-half of the Durston Road right-of-way along the entire frontage of the 240-acre Smith Annexation and the west one-half of the North 19th Avenue right-of-way along the entire frontage of the Smith Annexation in this preliminary plat, although Phase I of the Annie Subdivision contains only 48 05-20-85 18/f acres. She then stated the applicant has also indicated a willingness to sign a Waiver of Protest for Creation of a Special Improvement District to the west edge of the Phase I frontage on Durston Road, with 28-foot pavement and 2-foot graveled shoulders. The applicant has also indicated a desire to split the Waiver of Protest for Creation of a Special Improvement District along North 19th Avenue, to local street standards, with Phase I, from Durston Road to West Stevens Street, becoming effective at this time and Phase II, from West Stevens Street to West Oak Street becoming effective when the next phase of the Annie Subdivision is approved. She I indicated the petitioner has also indicated a willingness to participate in upgrading of the intersection at Durston Road and North 7th Avenue, as well as installation of a traffic signal at Durston Road and North 19th Avenue when needed. Assistant Planner Elkins stated the 12. 2775-acre R-4 zone is to be divided into three large Planned Unit Development lots; the 2.5374-acre R-O zone is to be divided into six lots; and the 21. 7856-acre R-MH zone is to be divided into 78 lots. She stated the plat also contains 4.5 acres of parkland dedication, with 2.5 acres in a linear park along the west side of the R-MH district and a 2. O-acre park area in the northwest corner. She indicated the linear park will serve as a buffer strip for the R-MH zone as well as a protection for the water course and stream bank setback requirements. She stated the petitioner proposes that the property owners' association in the R-MH district be responsible for maintenance of the linear park; and the covenants require that the rear of the lots be fenced so that the boundary of that park is defi ned . She also noted a pedestrian walkway is indicated between lots to allow easy access to the linear park. Ms. Elkins stated a Community Impact Statement and an Environmental Impact Statement have been completed on this subdivision, and briefly reviewed those results. She also reviewed the eighteen conditions which the City-County Planning Board has recommended for approval of the preliminary plat, along with a nineteenth condition she recommends, providing for a street name change from Dawes Drive to North 22nd Avenue, since it is a direct extension of an existing street. Ms. Elkins also noted the City-County Planning Board recommendation is contingent upon the completion of the annexation process, approval of the requested Zone Map I Change, and provision of the necessary water rights or cash-in-Iieu payment. Assistant Planner Elkins then addressed the on-site and off-site vehicular impact this proposed subdivision would have. She noted the major concern is the impact the additional traffic would have on Durston Road until the North 19th Avenue and West Oak Street improve- ments have been completed. Commissioner Vant Hull asked if the 2. O-acre park will be increased as more phases are approved. Ms. Elkins stated the park area was placed in the northwest corner with the inten- tion that it could be increased with new phases. She indicated the park will become a community-wide park and wi II probably contain approximately 20 acres. Commissioner Vant Hull then noted that only manufactured homes are currently allowed in the R-MH district and asked if modular homes could possibly be allowed in the future. The Assistant Planner stated that the current zoning regulations do not allow modular homes; but the Planning Staff has discussed the possibility of revising the regulations to allow the modular homes as well. Commissioner Jordan asked about the standards for street construction and how FAU funds might affect the construction of North 19th Avenue. Ms. Elkins stated the street standards were negotiated by the City staff and the developer. She then indicated that usually approximately one-third of the costs of constructing a new street are associated with acquisition of the right-of-way; and this preliminary plat dedicates one-half of the right-of-way for North 19th A venue. She noted that should cause a substantial decrease in the costs of the street and could possibly speed up the project. She also indicated that the creation of an SID for con- I struction of North 19th Avenue to local street standards could cause an earlier infusion of FAU funding for the project. The Assistant Planner then noted that the applicant will install a gravel road along the North 19th Avenue right-of-way for emergency access to provide a secondary access to this phase of the project. Mayor Weaver noted that FAU funds are committed to communities in Montana on a rotating basis; and any participation by the City could accelerate the process considerably. 05-20-85 185 Planning Director Lere stated that any improvements in the North 19th Avenue right-of- way will be completed in a manner which can be utilized by the State Highway Department in a future FAU funding project. Mayor Weaver stated he recognizes the solution to many of the traffic problems on Durston Road is the extension of North 19th Avenue and West Oak Street. He noted this is the first application for development along Durston Road which recognizes the problem and contri- I butes to the solution, rather than simply adding to the problem. The Mayor stated he feels that is an important feature in this appl ication. City Manager Wysocki indicated the State receives approximately $100,000.00 per year in FAU funding. He stated if the City is able to decrease the costs of the entire project, ade- quate funds will be available for earlier completion. The City Manager also noted it is in the applicant's best interests to participate in major traffic facilities, which will provide better access to his parcel and he can continue to develop the site. Mr. Don White, attorney for Roger H. and Rosalind I. Smith, submitted a few general observations. He re':'affirmed the Assistant Planner's comments about expansion of the 2. O-acre parkland area in future phases as well as her comments about mandatory fencing along the linear park area, which is to protect the stream running through the western portion of this subdivision. Mr. White stated both short-term and long-term traffic problems affect this subdivision. He noted that the Smiths have agreed to immediately pave that portion of Durston Road which will be impacted by this subdivision, as well as sign a Waiver of Protest for the Creation of SI D's for the entire frontage along Durston Road. He also noted that the Smiths have agreed to bear two-thirds of the costs, up to a specified ceiling, for a study of the intersection of Durston Road and North 7th Avenue. He also noted that Mr. Leon Howe, traffic engineer with Sanderson/Stewart/Gaston Engineering, Inc., in Billings, Montana, has completed a detailed traffic analysis of the impacts which would be created by Annie Subdivision, Phase I. Mr. White stated the Smiths have also agreed to participate in upgrading of the inter- I section of Durston Road and North 7th Avenue, as well as possible signalization of the inter- section of Durston Road and North 19th Avenue at some time in the future. Mr. Leon Howe indicated he is a registered professional engineer, with ten years of engineering experience, six of which are in traffic engineering. He then answered questions from the Commissioners on the report which he has submitted. Mr. Howe noted the traffic counts in the report are strictly estimations, based on actual counts during various times of the day, particularly peak hour counts. He indicated the recommended roadway standards are based on peak hour counts, so they should adequately handle all traffic loads. Mr. Howe then stated that the traffic analysis indicated that a traffic signal will be needed at the intersection of Durston Road and North 19th Avenue at some time in the future, but not immediately. Mr. Howe stated that in the traffic analysis, he took actual traffic counts at the inter- section of Durston Road and North 7th Avenue during peak hours and added the projected traffic to be generated by Annie Subdivision, Phase I. He noted the subject intersection currently has traffic problems; and he reviewed various alternatives to improve the traffic flow to alleviate excessive delays. He stated that adding a phase to the signal for left turns from Durston to North Seventh Avenue and improving the intersection to provide a 300-foot-long left-turn bay for eastbound traffic would handle existing traffic plus projected traffic from the Annie Subdivision, Phase I, within reasonable levels of service during the peak hours. Mrs. Pam Frost, 815 Blackmore Place, stated she is very concerned about the traffic which would be generated by the proposed subdivision. She noted the small children in the area attend Whittier School; and the only sidewalks along Durston Road are on the south side, I which means the children must cross a busy street. She stated the street is near capacity at this time and noted that the projected 2760 additional vehicle trips per day would adversely affect the area. Mrs. Frost stated she does not have any problems with the proposed sub- division itself; but she does not feel it should be allowed until the extensions of North 19th Avenue and West Oak Street have been completed to eliminate some of the impacts to Durston Road. Mayor Weaver stated he is not sure that the street extensions can be completed before development begins. He noted one of the compelling factors in this preliminary plat is the 05-20-85 188 developer's offer to participate in upgrading of the intersection of Durston Road and North 7th Avenue, signalization at the intersection of Durston Road and North 19th Avenue, paving of Durston Road along the subject property and dedication of one-half of the right-of-way for North 19th Avenue extended and West Oak Street extended. The Mayor noted that the Commission must consider the health, safety and welfare of the community while reviewing this preliminary plat. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that action I on the Preliminary Plat review for Annie Subdivision, Phase I, be tabled until such time as the annexation process and the Zone Map Change process have been completed, and water rights have been transferred or the cash-in-lieu payment has been made. 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 Jordan. Recess - 6:05 p.m. Mayor Weaver declared a recess at 6: 05 p. m., to reconvene at 7: 00 p. m., for the purpose of conducting the scheduled publ ic 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. Public hearing - draft ordinance re establishment of an Historic Preservation Commission This was the time and place set for the public hearing on the draft ordinance regarding the establishment of an Historic Preservation Commission, entitled: ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CREATION OF A BOARD TO BE KNOWN AS THE BOZEMAN HISTORIC PRESERVATION ADVISORY COMMISSION: PROVIDING FOR THE APPOINTMENT AND QUALIFICATIONS OF MEMBERS; PROVIDING FOR APPOINTMENT OF STAFF TO THE HISTORIC PRESERVATION I COMMISSION AND STIPULATING DUTIES OF THE STAFF; PROVIDING FOR SCHEDULING AND NOTICE OF MEETINGS OF THE PRESERVATION COMMISSION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Mayor Weaver opened the public hearing. Ms. Martha Catlin, Historic Preservation Officer, reviewed some minor changes which have been made to the ordinance. She noted the changes which were discussed at the Commis- s ion meeti ng of May 6, 1985, have not yet been made. Commissioner Mathre asked Ms. Catlin how she proposes to protect the historic resources of the community. The Historic Preservation Officer cited review of CDBG applications as an example. She noted if an application for use of CDBG monies is submitted on a potentially historic property, recommendations will be made to upgrade the structure within historic gUidelines. Commissioner Mathre then asked what kind of financial obligation this ordinance will place on the City. She noted the guidelines require that an Historic Preservation Officer be appointed to serve as staff to the Historic Preservation Commission and asked if that will require employment in a full-time position. Ms. Catlin stated the guidelines require that an Historic Preservation Officer be appointed, but they contain few requirements for the position, and do allow appointment of one of the members of the Historic Preservation Commission to serve in that capacity. She noted the ordinance also helps the City establish eligibility for certain programs, but places the City under no obligation to accept or apply for funds under I those programs. Ms. Catlin then stated the guidelines require appointment, but not employment, of an Historic Preservation Officer; and there should be no financial obligation on the City. Commissioner Jordan asked if the Historic Preservation Commission would have only review and advisory powers or possibly veto powers when checking proposed remodeling of potential historic structures. Ms. Catlin stated that the Historic Preservation Commission has advisory powers only. She then indicated that when federal monies are used to rehabilitate historic structures, Department of I nterior guidelines must be observed; and the State Historic 05-20-85 187 Preservation Office is charged with enforcing those guidelines. She noted that if a local Historic Preservation Commission is formed, the State can delegate that enforcement to the local level. Mayor Weaver noted he had indicated a concern at the May 6, 1985 Commission meeting that the ordinance is slightly ambiguous on the advisory capacity of the Historic Preservation Commission and stated he feels the word "Advisory" should be included in the name of the I body. Ms. Catlin indicated her willingness to add the word; and the Commission concurred that it could be added. Historic Preservation Officer Catlin then submitted to the Commission a letter from Mr. John DeHaas indicating support for the creation of an Historic Preservation Commission. Ms. Elizabeth McLaughlin, citizen member to the Steering Committee from the Cooper Park area, submitted to the Commission a petition containing 64 names of residents in the Beall Park area and the Cooper Park area, stating support for the adoption of this ordinance. Commissioner Jordan expressed concern about inclusion of the Board of Adjustment in this ordinance. He questioned whether the Historic Preservation Commission should be listed as being advisory to the Board of Adjustment, when they do not accept recommendations from any other function of the City.. Senior Planner Money stated that nine-tenths of the cases before the Board of Adjust- ment are for existing structures, many of which are historic. He stated that review by the Historic Preservation Commission would provide them with an opportunity to respond to any proposals which might be detrimental to the historic character of those structures. Mr. Money stated this option is necessary as a means of protecting the City's historic resources. Commissioner Jordan then indicated he would support adoption of this ordinance, although he has concerns about the inclusion of the Board of Adjustment. No one was present to speak in opposition to adoption of this proposed ordinance. Mayor Weaver closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission provisionally adopt the Ordinance providing for the creation of the Bozeman Historic Preservation Advisory Commission, as revised, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. Staff - amend Section 18.38.010 e II1tent 0 t e Istrlct and the This was the time and place set for the continued public hearing on the Zone Code Amendment requested by the Planning Staff to amend Sections 18.38.010 and 18.38.020 of the Bozeman Municipal Code by clarifying the intent of the TR, Technology Research, District and the permitted uses allowed in said district. Mayor Weaver opened the continued public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated that the regula- tions for the Technology Research District were adopted in the early 1970's, specifically for Summit Engineering. He noted those regulations restrict development in the TR Districts to research and computers only; and this Amendment would expand the uses allowed within the District. The Assistant Planner stated the original intent of this district was to locate in close proximity to Montana State University, and that seems to still be the intent of this type of district. I The Assistant Planner stated that the Zoning Commission continued the public hearing at its meeting held in February to allow the staff an opportunity to compile additional information on trends in technology research parks. He noted that compi lation has been completed and has been reviewed by the Zoning Commission. The Assistant Planner then indicated the major reason for this revision is to allow research, development and light manufacturing in a high- quality setting for a wide range of technological industries. Assistant Planner Skelton stated the Zoning Commission recommended approval of the proposed Zone Code Amendment. Commissioner Jordan suggested that under Section 18.38.010 - Intent, a statement be included to require compatibility of the development with approved covenants or with City 05-20-85 188 ordinance. Assistant Planner Skelton stated he feels the multi-use guidelines will address those concerns. He noted that Senior Planner Money is currently working on those guidelines. Planning Director Lere expressed two concerns: (1) covenants are documents between the land owner and the tenant; the City has no enforcement powers; and the document can be changed at any time; and (2) he has trouble with referring to ordinances which are not in effect. The Planning Director also noted the performance guidelines are currently being established for residential zones only; and those for other zones wi II be completed later. He I stated at the present time, the Planning Staff is uncertain about how to address items such as noise pollution, air pollution and hazardous wastes. Commissioner Jordan stated he feels the City should begin holding meetings on guidelines for developing a TR District so that it is prepared for such development rather than attempting to react to whatever plans are submitted. Commissioner Mathre asked Assistant Planner Skelton how he would describe Summit Engineering in relation to the proposed Zone Code Amendment. The Assistant Planner stated that Summit Engineering would be in compliance with the new Zone Code Amendment, which it currently is not because of the light manufacturing and assembly being done. Commissioner Mathre then asked about size limitations on structures within the TR District. The Planning Director stated it appears those involved in the industry wish to avoid size limitations if possible, but deal more with number of employees. He noted the City could consider limitations on percentage of land covered and possibly height restrictions if the Commission so desires. City Manager Wysocki noted the Commission has received copies of a memo from Craig Roloff, Director of Research Park Development, Research and Development Institute, Inc., Montana State University, stating support for the proposed Zone Code Amendment and citing its compliance with the Bozeman Area Master Plan. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Continued ublic hearin - Zone Code Amendment - Plannin Staff - amend Section 18.04 and I ection 18.62 ozeman Municipa ode by reVIsing the parking lot landscapmg requirements This was the time and place set for the continued 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 parking lot landscaping requirements. Mayor Weaver opened the continued public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the Zone Code Amendment deals with the design criteria for interior landscaping requirements in parking lots. She noted the current regulations contain many constraints and are ambiguous in some areas. She stated the Zone Code Amendment will allow greater flexibility for the PlannIng Staff to deal with the requirements for interior landscaping in parking lots with more than fifteen parking spaces. She noted the purposes for interior landscaping are, surface drainage is improved, vehicular circulations patterns are established, and aesthetics, by breaking up a large paved area. The Assistant Planner stated the proposed Zone Code Amendment would still require that 6 percent of the interior area be landscaped. The requirement that no one area be larger than 200 square feet, with a minimum width of 5 feet still remains in the Code; however, the Planning Director has the option to waive that requirement if the landscaping is properly dispersed and meets the 6 percent requirements; and the three purposes of interior landscaping are met. I Assistant Planner Elkins then stated the Zoning Commission has reviewed the proposed amendment and recommends approval. Commissioner Jordan asked if this proposed flexibility will reduce the number of variance requests submitted. Assistant Planner Elkins stated it will hopefully reduce the number of requested variances. Commissioner Jordan then indicated he feels it is in the City's best interests to decrease the number of requests for variances if possible. No one was present to speak in opposition to the proposed Zone Code Amendment. 05-20-85 --------~ 189 Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Break - 8:00 to 8:10 p.m. Mayor Weaver 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. I Public hearing - Conditional Use Permit - Gary Fickle - allow construction of Commercial--Light Industrial--Condominiums on Lots 25A and 25D, Amended Plat of Lots 22 and 25 of the Gordon Mandeville State School Section Subdivision (2109 Lea Avenue) This was the time and place set for the public hearing on the Conditional Use Permit requested by Gary Fickle to allow construction of Commercial--Light Industrial--Condominiums on Lots 25A and 25D of the Amended Plat of Lots 22 and 25 of the Gordon Mandeville State School Section Subdivision. This site is more commonly known as 2109 Lea Avenue. City Manager Wysocki stated the Zoning Commission continued its public hearing on this request. He then recommended that the Commission open and continue this public hearing until a recommendation is received from the Zoning Commission. Mayor Weaver opened and continued the public hearing until such time as a recommendation is received from the Zoning Commission. Public hearing - Conditional Use Permit - Willowwood Partners - allow construction of eiqhty-eiqht condominium units on Lot G and a portion of Lots H, I and K of Guy's Second Addition and a tract formerly known as 2-acre Lot 2 of Guy's Second Addition (south end of Dell Place) This was the time and place set for the public hearing on the Conditional Use Permit requested by Willowwood Partners to allow construction of eighty-eight condominium units on Lot G and a portion of Lots H, I and K of Guy's Second Addition and a tract formerly known as the two-acre Lot 2 of Guy's Second Addition. This site is more commonly known as being located at the south end of Dell Place. I Mayor Weaver opened the public hearing. He then noted the Commissioners have received copies of a letter from K. D. Bryson, dated May 17, 1985, expressing concern about the pro- posed project. Assistant Planner Dave Skelton presented the Staff Report. He stated the requested Conditional Use Permit would allow construction of 43 two-bedroom condominiums and 45 effi- ciency condominium units on approximately 4.9 acres, which represents a 19 percent density modification in the R-3 zone. The Assistant Planner reminded the Commission that in March 1985, the applicant received a Conditional Use Permit to allow construction of 59 efficiency condominiums on Lot G and a portion of Lots H, I and K of Guy's Second Addition. He noted the two-acre parcel immediately west of that site has been added in this request; and the requested density bonus has been reduced from a 35-percent to a 19-percent bonus. The Assistant Planner stated the proposed project, which would contain a mixture of one- and two-story structures that would blend in with the existing residential area, will be completed in six phases. The Assistant Planner stated that some concern has been expressed about the impact of increased traffic on Dell Place. He noted the Planning Staff has required that a secondary access, which would later become a primary access, be provided along East Alderson Street extended from South Black Avenue to the western boundary of the project site. He noted another concern is drainage from the site; and the staff has indicated that problem must be addressed. It also appears there may be groundwater close to the surface; and that must be considered when constructing the units. The Assistant Planner then stated that some of the I residents along Dell Place have had problems with sanitary sewer. He stated the City Engineering Officer has indicated the trunk line has sufficient capacity for the project; and a majority of the existing problems are due to small stubs from the sewer main to the houses. He also noted that a large influx of storm water through the manhole can cause back pressure, which affects the residences. Assistant Planner Skelton stated the Zoning Commission considered this application for a Conditional Use Permit and recommended approval, subject to twelve conditions. He noted other suggested conditions were considered, such as requiring a Waiver of Protest for Creation of a 05-20-85 190 Special Improvement District for East Alderson Street. He noted the applicant is to construct that street at his own expense; and it does not appear that an SI D would be created for that project. He also noted the possibility of requiring owner occupancy was discussed, but that might create legal problems. Commissioner Mathre noted one suggestion to alleviate traffic problems on Dell Place would be to remove parking from one side of the street. The Assistant Planner stated that would be an option if the traffic impact on Dell Place from this project is too great to handle I parking on both sides of the street. He then noted the project will not be completed for a few years; and the traffic impacts on Dell Place may not be sufficient to warrant removal of parking from one side of the street. Commissioner Vant Hull asked about the adequacy of water lines to the site. The Assistant Planner stated a looped water system is to be installed from South Slack Avenue through the development to Dell Place prior to development of Phase I. He noted there is sufficient water to service the development adequately. Mayor Weaver then asked about the size of the sanitary sewer line in Dell Place and questioned how the storm water drainage would affect the sanitary sewer line. Assistant Planner Skelton stated the sanitary sewer line is a six-inch line. He then indicated that storm water enters the sanitary sewer line through the manholes and thus is the cause for causing back pressure in the pipe. Commissioner Mathre asked about access for garbage trucks from Dell Place to South Bozeman Avenue. She noted the access currently used would be cut off by this project. The Assistant Planner stated that the access currently being used is not a right-of-way, but is actually private property. Mayor Weaver noted that Matthew Bird/West Spring Creek has a sharp turn in it at the development site. He then noted that turn does not appear to be natural and questioned whether the banks along the creek would be sufficient to avoid erosion and possible flooding. The Assistant Planner stated that the City Engineering Officer is aware of the potential problems the creek could create; and the applicant must address those issues. He then noted I that the railroad right-of-way serves as a dike for floodwaters from Sourdough Creek, so this site is slightly different from much of that general area. Commissioner Vant Hull noted that Fire Marshall Figgins has indicated concern about access to the development, since there will be a dead end street involved until Phase II has been completed. The Assistant Planner stated that one of the requirements during development of Phases I and II is that a cul-de-sac to City standards be provided; and East Alderson Street is to be extended from South Black Avenue to the subject site prior to completion of Phase II. Mr. George Mattson, applicant, noted that the prior approval for the requested 59 units contained the condition that East Alderson Street be extended from South Black Avenue across another parcel to the subject site at that time. He indicated since that time, the applicants have determined it would be best to plan development of both parcels at the same time; and thus submitted the new request. He noted the density bonus requested is less than last time; and the project has been revised to spread the development evenly over the two parcels. Mr. Mattson then reviewed the compliance of this proposal with the Master Plan, noting that high-density residential areas are listed around the central business district. He also noted the subject site is located close to existing City services and would minimize costs of providing those services. Mr. Mattson then stated that the Zone Code requires 164 parking stalls for this develop- ment; and the site plan provides 172 parking stalls. He noted all of the stalls are full size, with no compact stalls provided. He also noted that handicapped parking could be provided for units if needed, since all of the ground floor units will be accessible to the handicapped. Mr. I Mattson then indicated the subject site will be serviced by a two-way looped road system, which will provide easy access for fire trucks and other emergency equipment, with no cul-de-sacs or hammer-head dead end streets. He noted that the Code requires that 30 percent open landscaped area be provided; and this plan provides 45 percent. He indicated that existing landscaping will be used where possible, with trees being added to the open areas. Mr. Mattson indicated that construction access wi II be through East Alderson Street, which he prefers to using Dell Place. He noted the developers will encourage owner occupancy 05-20-85 191 of these condominiums because they plan to construct these units to meet FHA and V A qualifica- tions for financing, with one of the stipulations being that 70 percent of the units are owner-occupied. Mr. Mattson stated that with East Alderson Street being newly installed as a full-width street, he does not feel that Dell Place will receive much traffic from this develop- ment. He also indicated he does not feel that any parking should be removed from Dell Place until the development is underway, and only if experience dictates that parking should be I limited to one side of the street. Commissioner Mathre asked if the subject property slopes to the north, so that water would drain onto Dell Place. She noted that the City staff has recommended that the drainage be provided to the south edge of the site. Mr. Mattson indicated that a topographical map of the site has not yet been done, nor have any soils tests been completed. He indicated that drainage will be provided through the landscaped area, noting that the 35-foot setback from the stream bank must be carefully observed. Commissioner Mathre asked if there is a time limit on construction of all six phases. Mr. Mattson stated they anticipate the project will be completed in three to four years. He noted that Phase I consists of one building with four condominium units; and that should be completed in a short period of time. Planning Director Steve Lere stated that eighteen months per phase is generally the time allowed. He then noted that the phases are to be completed sequentially, but the next phase can be started before the previous one is completed. Commissioner Vant Hull stated the Steve Custer's letter in the Planning Staff information indicates that sodding is not necessary as long as grass is seeded as soon as possible. She noted that was a concern she had expressed during previous consideration of the Planned Unit Development on the subject site. The Commissioner noted that Dr. Custer's letter does express concern about sedimentation in the stream during construction and suggested that a minimum of sod and ground be disturbed during construction of each phase. Commissioner Vant Hull then noted the ground water table in the area is quite high and I asked if the lower units will need to be raised. Mr. Mattson indicated the units will be elevated as much as necessary to avoid flooding. Mr. Bill Bartlett, attorney representing homeowners in the immediate area, showed the Commission slides taken of the subject site and adjacent parcels within the last month. He noted that a hole on the adjacent property had filled with water to within ten inches of the surface within 24 hours after being dug. He also noted that there was standing water on some portions of the subject parcel. Mr. Bartlett stated the residents have expressed several concerns. He noted that the water table is extremely high, which will make construction on the site difficult. He stated that impact on the water table from construction of the proposed project also has caused the neighbors some concern. He noted that Dr. Custer's letter indicates that the water table fluctuates; and adding one inch to the water table will increase the height of the water table by more than that amount. Mr. Bartlett stated the neighbors are concerned that paving of a large portion of the site will impact the water table in the entire area, possibly raising it to a point that is detrimental to residents of the area. The attorney then noted that the high water table will probably cause construction probll!ms; and residents of the area are concerned that those problems have not been studied sufficiently. Mr. Bartlett then indicated the neighbors have indicated they would like to have the topographical maps and soils testing completed before the Commission acts on this request. Mr. Bartlett then stated the applicant has indicated the developers will encourage owner occupancy. He noted the neighbors are concerned that the development will become similar to a I college dormitory, since the prices are in a range that is good for rental units. He noted that if the development is occupied by students rather than typical families, there will be more traffic and more parking problems, which will impact the neighborhood. He stated he feels there will not be sufficient parking within the project; so some of the cars will be parked on the streets. Mr. Bartlett stated the neighborhood has already established its character; and this development does not seem to be in keeping with that character. Mr. Bartlett then noted another concern is the amount of time it could take to complete this development. He noted the project consists of six phases; and if each phase is constructed 05-20-85 192 in eighteen months, that means there will be construction and disruption of soils and vegetation as well as the neighborhood for nine years. He expressed concern that the construction could cause loading of the stream with silt for an extended period of time. The attorney then noted that the rental market in Bozeman has been softening recently; and large numbers of condominiums are being constructed. He questioned whether this develop- ment will be constructed or if it will only partially be constructed. He then questioned what impact partial completion of the project wi II have on the area. I Ms. Mary Pace, 713 South Black Avenue, stated that besides being worried about what will happen to the quality of the stream, she is concerned about what will happen to the quality of the air. She noted that East College Street is gravel in that area; and the dust hangs in that low area. Commissioner Jordan asked if tests for the water table and soils would be required prior to construction. Planning Director Lere stated that if soils tests are necessary, they will be required prior to issuance of a building permit. Mr. Maurice Jones, 211 East Story, stated he has a four-plex at the north end of Dell Place. He stated if East Alderson Street is only gravel during Phases I and II of the project, the traffic will use Dell Place because it is paved. He noted that the sewer has backed up into his unit twice and expressed concern about possible additional problems if this development is constructed. Mr. Jones also expressed concerns about policing problems which may be involved if these units are inhabited largely by college students. Mr. Michael Ellerd, 713 South Black Avenue, noted if college students live in these units, the most likely route would be across East Alderson Street and East College Street. He then questioned if anyone has considered the impact of that additional traffic on other streets in the area, and particularly on the intersection of West College Street and South Wi IIson Avenue, which is already congested. Mayor Weaver questioned the possible use of an SID along East Alderson Street, which was mentioned earl ier. Planning Director Lere noted the applicant will construct the street to local street standards during construction of the project. However, an SID could be used for I possible upgrading of the street in the future. Mr. Pat Deichmann, 226 Lindley Place, noted traffic has increased substantially in the area during recent years. He also stated that South Bozeman Avenue is extremely narrow with parking on both sides, particularly during the winter. Mr. Deichmann then suggested that the applicant be required to install paving and concrete prior to construction within the project, noting that if done properly, the concrete will not be damaged during construction. He indi- cated that should eliminate some of the water and dust problems which have caused concern for residents In the area. Mr. Robin Lemon, 112 East Story Street, stated that residents in the area have had many problems with their sewers, and questioned who was responsible for the installatIon of the stubs. He also questioned whether hooking the proposed project to the sanitary sewer main will adversely affect those residences in the area already on the City's sewer system. Planning Director Lere stated the Director of Public Service and Engineering Officer have reviewed the proposal and indicate the sanitary sewer line will not be beyond capacity with the addition of this project and will not adversely affect those already on the system. Mr. Lemon then noted that the intersection of West College Street and South Wi IIson Avenue is already bad; and the additional traffic generated by this proposed development will only add to those problems. Mr. George Mattson noted a number of engineering questions have been raised. He noted those concerns wi II be addressed prior to construction. He also noted that the conditions for approval recommended by the Zoning Commission address many of those concerns. Mr. I Mattson stated that if the Commission approves the concept involved in the Planned Unit Develop- ment, the applicant will then proceed with the needed engineering studies to determine what actions must be taken prior to and during construction. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 05-20-85 193 Break - 9:35 to 9:45 p.m. Mayor Weaver declared a break from 9:35 p.m. to 9:45 p.m. in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1177 - Zone Code Amendment - enable properties located in Transitional Districts to develop through the Planned Unit Development procedure I City Manager Wysocki presented Ordinance No. 1177, as prepared by the City Attorney, entitled: ORDINANCE NO. 1177 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.42.040 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR DEVELOPMENT AND PERFORMANCE STANDARDS IN THE TRANSITIONAL DISTRICTS. City Manager Wysocki stated the Commission conducted the public hearing on this Zone Code Amendment on March 18, 1985; and provisionally adopted this ordinance on April 8, 1985. He then recommended that the Commission finally adopt the ordinance at this time. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1177, enabling properties located in Transitional Districts to develop through the Planned Unit Development procedure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - Montana Cash Anticipation Financing Program City Manager Wysocki stated that HB461, adopted during the recent legislative session, to become effective July 1, 1985, enables the State to sell bonds to provide a pool for short- term financing for local governments. He noted this program would allow the City to borrow sufficient monies to repay the General Fund loans to the Water Fund and the SID Revolving Fund, which would restore the General Fund's Unallocated Reserve. The City Manager noted I the loan would be at approximately 6 or 7 percent; and the monies could then be re-invested by the City at possibly a slightly higher interest rate with no penalty involved. He indicated the loans can be for a period up to thirteen months; and the City could then reborrow monies if necessary. City Manager Wysocki stated the short-term loans would allow the City to increase the mill levy only two to three mills over the next four years or so to replenish the SID Revolving Fund, assuming there are no major delinquencies, rather than requiring an increase of approxi- mately seventeen mills during the upcoming year to replenish the fund. He also noted monies to repay the Water Fund loan could be borrowed, which would reinstate the Undesignated General Fund Reserve to cover unanticipated expenses. The City Manager then stated if the City receives an infusion of cash, possibly through the pending Court decision, the City could then reduce its indebtedness. The City Manager noted this new loan process allows the City to repay its loans and re-establish its reserves with less impact on the taxpayers of the community. He also noted the City could possibly realize a small amount of interest income over that paid back to the State with the loan. which would further reduce the load on the taxpayer. City Manager Wysocki then stated the staff has submitted a preliminary application to the State for short-term loan monies for repayment of loans from the City's General Fund to the SI D Revolving Fund and the Water Fund. He noted the staff will ask the Commission for authorization to participate in the program when the monies become available, which will be later this summer. Commissioner Jordan asked what will happen if the City borrows monies from this pooled I cash source; and the Legislature does not renew the program in two years. The City Manager stated the City will repay the monies; and the City will be in no worse a position than it presently is. He noted during the upcoming two-year period, the City's cash position should improve, particularly if the litigation matter is settled and the Public Service Commission authorizes an increase in water rates. City Manager Wysocki then noted the important point to be considered is the fact that this process would provide risk protection to the City and the taxpayers; and it is not meant as a money-making avenue for local governments. 05-20-85 191t Mayor Weaver asked if there is any mechanism by which the City could remind itself that the monies from this source are only a loan which must be repaid; and the City's cash position is not actually as healthy as it appears. The City Manager stated the City will have a constant reminder that it has a loan. Commissioner Jordan asked if there is a limit on the amount of monies that a local govern- ment can borrow from this pool. The City Manager indicated he is not sure if there is a ceiling. He did note, however, that the amount of the preliminary application is parallel to the amounts I requested by other communities of comparable size in the state. City Attorney Crumbaker-Smith noted there is a statutory limitation on the amount a local government can be indebted; but the City of Bozeman is well below that level. City Manager Wysocki stated the staff will place this item on the agenda within a month to request authorization to proceed with a final application for loan monies. Ordinance No. 1179 - amend Sections 10.04.202 and 10.08.270 of the Bozeman Municipal Code re careless driving City Manager Wysocki presented Ordinance No. 1179, as prepared by the City Attorney, entitled: ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 10.04.202 AND 10.08.270 OF THE BOZEMAN MUNICIPAL CODE, TO PROHIBIT CARELESS DRIVING ON THE WAYS OF THE CITY OPEN TO THE PUBLIC. City Attorney Crumbaker-Smith briefly reviewed the proposed ordinance. She stated this ordinance would allow police officers to cite careless driving in areas such as parking lots, which are private but which are commonly used by the public. She noted the existing statute limits careless driving to public rights-of-way; and police officers currently have only the option of reckless driving, which is usually dismissed. City Manager Wysocki recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1179, amending Sections 10.04.202 and 10.08.270 of the Bozeman Municipal Code, and that the Ordinance to be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. ordinance - TOI Theatres - Lindle p.m. City Manager Wysocki presented to the Commission a request, submitted on behalf of TOI Theatres, for waiver of the open container ordinance in Lindley Park from 10:00 a.m. to 6:00 p.m., Monday, July 22,1985. The City Manager recommended that the Commission approve this request. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the request submitted by TOI Theatres for waiver of the open container ordinance at Lindley Park on Monday, July 22, 1985, from 10:00 a.m. to 6:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Commission discussion of water concerns I City Manager Wysocki suggested that this item be continued for one week since Commis- sioner Anderson is absent from this meeting. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Mayor Weaver noted that Dick McConnen has resigned from the Technical Advisory Committee; and Ralph Zimmer, Chairman of TAC, has submitted a letter requesting that the 05-20-85 195 Commission appoint a replacement. The Mayor suggested that the T AC submit a recommendation to the Commission so that someone with the desired expertise can be appointed to fill the vacancy. The Mayor then asked that the City Attorney review the interlocal agreement which established the Technical Advisory Committee in compliance with FAU funding requirements to determine the method of appointment which must be used. I (2) City Manager Wysocki stated he has received a letter from Dr. John Mc IIhattan concerning the possible use of the landfill site as a shooting range for the class which is about to graduate from the Law Enforcement Academy, so they may meet graduation requirements. The City Manager noted the MLEA can no longer use the old shooting range in Kelly Canyon; and it is important for the City and the County to check and offer potential sites for a new range. He noted that the City also has an obligation to provide a place for its police officers to shoot and maintain their abilities with their pistols so they may maintain their professional levels. The City Manager noted that various City staff members and some County staff members have traveled to various sites with representatives of the MLEA, including the gun club at Logan, which indicated they do not wish to tie up the range for extended periods, as might be required by the Academy. They also viewed two potential sites near the County landfill at Logan, one site on airport ground, two sites on Bozeman Creek, one site on Lyman Creek and one site at Hyalite, as well as the City landfill. City Manager Wysocki noted that Dr. Mcllhattan, one of the residents in the area of the City landfill, has filed complaints about the use of that area as a shooting range; and the City staff is in the process of dealing with those complaints. He stated that he will place a copy of the letter in the Commissioners' boxes this week for their information. (3) Commissioner Mathre distributed to those Commissioners not present at the District 10 meeting last week a copy of the information which Alec Hansen, Executive Director of the League of Cities and Towns, had submitted. I Adjournment - 10:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commissioner I 05-20-85