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HomeMy WebLinkAbout1985-06-17 238 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA I June 17, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 17,1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City I Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Com- missioner Vant Hull was absent in compliance with Section 7-3-4322 (2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of June 10, 1985, were approved as amended; and the minutes of the special meeting of June 13, 1985, were approved as submitted. None of the Commissioners requested that any of the consent items be removed for dis- cussion. Award bid - six copying systems for specific City government locations This was the time and place set to award the bid for the six (6) copying systems for specific City government locations. City Manager Wysocki submitted to the Commission a memorandum from Purchasing Agent Pat Boyd recommending that the bid be awarded to Terrell's Office Machines, Inc., in the amount of $22,808.00, it being the lowest and best bid received, when the five-year fleet main- tenance agreement, five-year supply bid and per copy cost are also considered. The City Manager indicated that he concurs in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Com- mission award the bid for the six copying systems for specific City government locations to Terrell's Office Machines, Bozeman, Montana, in the total bid amount of $22,808.00 for initial purchase; $12,900.00 for a five-year fleet maintenance agreement; $5,211.12 for a five-year supply bid; for a per copy cost of $.0036, it being the lowest and best bid. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Com- missioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Authorize loan from the Cemetery Perpetual Care Fund to the General Fund to cover the cost of the copiers City Manager Wysocki reminded the Commission that this item was previously considered when the copier bids were initially opened in April, but action was deferred until the bidding process could be completed once again and the bid awarded. He then reminded the Commission that the five-year loan from the Cemetery Perpetual Care Fund to the General Fund is to be in the amount of the machine purchase price, at an interest rate of .5 percent above the invest- ment rate of interest available at the time of the loan, to be adjusted annually. The City Manager indicated the interest rate should be about 7 3/4 percent on this date. He then recommended that the Commission authorize the loan. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize a five-year loan in the amount of $22,808.00 from the Cemetery Perpetual Care Fund to the General Fund to cover the initial purchase price of the copiers, at an interest rate of .5 percent above the investment rate of interest avai lable at the time of the loan, to be adjusted annually. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I services for the Cit Hall Com lex, Carnegie Buildin and Librar for . This was the time and place set to award the bid for janitorial services for the City Hall Complex, the Carnegie Building and the Library, for Fiscal Year 1986. City Manager Wysocki submitted to the Commission a memorandum from Assistant City Manager Barrick recommending that the base bid be awarded to Davis Maintenance in the bid amount of $1,948.00 per month, reject Alternate No.1, and acknowledge the reductions provided in Addendum 06-17-85 239 No.2 if portions of the floors in City Hall were to be carpeted. The City Manager then con- curred in that recommendation. Mayor Weaver asked if any additional action is required by the Commission for possible carpeting of some of the floors in City Hall. The City Manager indicated the cost will be under $10,000.00 and there are sufficient monies in this year's City Hall Complex budget to cover the costs, so no Commission action is necessary. I Commissioner Jordan noted that Addendum No. 2 does not provide a very large reduction in costs; and he feels that the janitorial service will realize a much greater savings than the City will when the floors are partially or totally carpeted. He indicated that he feels the base bid should be accepted, but the reduction due to carpeting should be negotiated when the carpet- ing is installed. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Com- mission award the bid for janitorial services for the City Hall Complex, Carnegie Building and Library Building for Fiscal Year 1986 to Davis Maintenance, Bozeman, Montana, in the bid amount of $1,948.00 per month, which is an annual bid of $23,376.00, it being the lowest and best bid; reject Alternate No.1; and encourage the staff to pursue methods for reducing the janitorial service costs, including carpeting portions or all of the floors in City Hall, as noted in Addendum No.2. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. Award bid - 1985 seal coat street improvements and plant mix stockpile This was the time and place set to award the bid for the 1985 seal coat street improve- ments and plant mix stockpile. City Manager Wysocki submitted to the Commission a memorandum from Engineering Officer Neil Mann recommending that the bid be awarded to Long Construction Company in the bid amounts of $79,500.00 for Schedule 1, chip seal, and $37,800.00 for Schedule 2, the plant mix stockpile. I The City Manager then concurred in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Com- mission award the bid for the 1985 seal coat street improvements and plant mix stockpile to Long Construction Construction Company, Billings, Montana, in the bid amounts of $79,500.00 for Schedule 1 and $37,800.00 for Schedule 2, it being the lowest and best bid. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Com- missioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. This was the time and place set for the decision on 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 Principal Meridian. This site is more commonly known as being located immediately north of Durston Road at North 22nd Avenue extended. City Manager Wysocki indicated that the cash-in-lieu payment for water rights has been received for this subdivision. He then recommended that the Commission approve the prelimi- nary plat, subject to the conditions recommended by the City-County Planning Board and the City staff. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the I Commission approve the preliminary plat submitted by Rosalind and Roger Smith for Annie Sub- division, Phase I, contingent upon the conditions recommended by the Bozeman City-County Planning Staff and Planning Board, as follow: 1. All appropriate certificates as prescribed in Chapter 16.40 of the Bozeman Area Subdivision Regulations shall be included on the final plat. 2. The design for streets, sidewalks, curbs, gutters, storm drainage, water and sewer facilities shall be reviewed and approved by the City Engineering Officer prior to construction. \ 06-17-85 240 3. Montana Department of Health and Environmental Sciences approval m(Jst be obtained prior to final plat approval. 4. Separate street names will be identified on the final plat for all east-west and north-south streets. 5. A gravel emergency road will be constructed in the 60-foot emergency access easement delineated on the plat and a culvert or bridge will be located at Farmers Canal. and that the developer acquire the appro- priate easements from the Farmers Canal Association. I 6. Utility easements along lot lines will be identified on the final plat. 7. Written easements will be filed with the County Clerk and Recorder at the time of final plat filing for all temporary turn around easements, utility easements location outside the platted area and for the emergency access easements. 8. A utility easement will be noted across the park area from Lots 21 and 22 of Block 1 to Cunningham Way. 9. Pedestrian sidewalks will be installed in accordance with City standards. as identified on the plat; however, a gravel pathway may be installed along Durston Road. 10. A property owners association will be formed and all linear park areas will be deeded to the association for use as parks and playgrounds. The interior pedestrian ways shall also be deeded to the homeowners association. The association shall provide for the maintenance of all linear park areas and pedestrian ways. 11. The park area north of Block 6 shall be specifically identified as park area. 12. If the plat is to be filed prior to all improvements being installed and approved by the City of Bozeman, the developers shall enter into an Improvements Agreement with the City of Bozeman, and it is to be secured by an acceptable method of security equal to the amount of the installation on the remaining scheduled improvements. Also, plans and specifications for construction must be approved as per Chapters 16.26 and 16.42.030, prior to the submittal of the final plat. The Improvements Agreement will contain a construction time schedule and a I method of payment to the City of Bozeman for the inspection of the improvements installation. Further, the Improvements Agreement shall identify the phased development of the subdivision and appropriate time frames. 13. The developers will provide a waiver of protest to the creation of SID's for that portion of Durston Road from North 19th Avenue to the western boundary of Phase I, and for North 19th Avenue from Durston Road to Stevens Street, and for those portions of Oak Street included in Phase I. 14. The developers will provide waivers of protest for future area-wide SI D's limited to their fair share based on the estimated traffic gen- eration for the future signalization of the intersection of North 19th Avenue and Durston and the improvements at Durston Road and North 7th Avenue, as stated in Traffic Accessibility and Impact Evaluation. 15. A gravel road will be constructed from West Winsor Avenue to the 2.00-acre park. 16. The title description on the final plat will include a notation including the northeast quarter of Section 2. 17. The zoning district designations noted on the plat will be removed. 18. A note regarding the high ground water table in the area and the potential hazards will be included on the plat and in the covenants. 19. The name of "Dawes Street" shall be changed to North 22nd Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Update on Milwaukee Railroad right-Of-way - presentation by Bob Planalp and John Scully City Manager Wysocki stated that former City Attorney Bob Planalp and John Scully have requested an opportunity to provide the Commission with an update on the status of the Milwaukee Railroad right-of-way. 06-17-85 241 Bob Planalp stated the City is just weeks away from acquiring the Milwaukee Railroad right-of-way from the intersection of South Church Avenue and East Story Street to the inter- section of Kagy Boulevard and South Third Avenue. He then indicated that John Scully has been working on this right-of-way acquisition for several years and stated he will provide the update. John Scully stated he has given Bob PlanaJp a letter outlining the procedure which will I be followed for acquisition of the right-of-way, a copy of which has been included in the Com- missioners' packets for this meeting. He indicated this procedure is basically what has been discussed in the past and briefly reviewed that procedure. He stated he has just received a copy of the Notice of Sale; and the railroad has indicated it is in a position to close pro- ceedings by July 15, 1985. He indicated that his office has verified land ownership along the corridor. The City will receive a 15-foot corridor through the center of the right-of-way; and all adjacent property owners will be given an opportunity to purchase the additional 17! feet on each side at a prorata share of the cost of that entire portion of the right-of-way through individual letters as well as a notice in the Bozeman Daily Chronicle. The monies from those purchases will be held until the entire matter is settled, at which time John indicated he will seek authorization from the District Court to disperse deeds and have them recorded at the Clerk and Recorder1s Office. City Manager Wysocki indicated that Carroll Henderson called him to state that he has an agreement allowing him access to his apartment complex from West Grant Street and asked if that agreement has been accommodated through the outlined procedure. John Scully indicated that a uniform policy has been used in determining land ownership, and that agreement may not have been accommodated through this procedure. He stated if there is a problem at the time of deed dispersal, he can indicate that problem to the Court and let Mr. Henderson and the City work out the problems. Mr. Carroll Henderson stated he owns property along 700 feet of the right-of-way and currently leases a portion of that right-of-way. He indicated support for the City acquiring I the center 15 feet, but noted he had previously expressed concern about access from West Grant Street. He stated a tip of this property touches the right-of-way for West Grant Street; but the land ownership is determined as a gO-degree angle to the subject site, which would eliminate his access unless it is specifically accommodated. The Commission thanked Bob P/analp and John Scully for the update as well as their efforts in this matter. Mr. Mike Lesnik, Big Sky Wind Drinkers, asked if the City could purchase right-of-way past Figgins Addition and further south. John Scully indicated that item was discussed during initial consideration of this item; and it was determined that crossing three streets in a short distance could be hazardous for runners. He indicated that under the current circumstances it would be impossible to extend the purchase. Mayor Weaver noted the original intent was that one could follow the linear park, go through Langohr Park, then along the sidewalks on Kagy Boulevard to Sourdough Trail. John Scully then stated that Erhardt Hehn and the committee on which he worked did a lot of door-to-door efforts to make this right-of-way purchase possible and indicated he feels those efforts should be recognized. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission express its appreciation to Erhardt Hehn and the committee which worked on the right-of-way purchase and to Bob Planalp and John Scully for their efforts as attorneys in this action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I open container ordinance alon p.m. or parade activities for t e City Manager Wysocki stated that Doris Fisher. representative of Montanans Against Drunk Drivers, has requested an opportunity to address the Commission in opposition to the granting of a waiver of the open container ordinance along Main Street on Wednesday, June 19, 1985, from 3:30 p.m. to 6:00 p.m. for parade activities for the College National Finals Rodeo. 06-17-85 242 Ms. Doris Fisher, stated the primary objective of MADD is to create an awareness of drinking and driving. She then expressed concern about the difficulty of enforcing a law at one end of Main Street whi Ie not enforcing it at the other end. Also, the image projected is not necessarily that which the children in the community should receive if the drinking along Main Street is allowed. Ms. Fisher also noted that if the ordinance was originally adopted for public safety, waiving of it could place a heavy responsibility on the Commission. She then questioned who will benefit from the waiver of the open container ordinance. I Lee Moody, a friend of John McGuire, who was recently killed in an alcohol~related ac- cident, expressed .concern that allowing the waiver of the open container ordinance will provide an opportunity for other alcohol-related accidents. He also questioned why a law on the books is not enforced at all times. Rev. Joe Barnett, a minister at the Christian Center, expressed concern that the after- noon activities have been described as a family time; but drinking has been condoned. He questioned what advantage there would be to the city or the inhabitants thereof to have the open container ordinance waived for this event, noting it seems that those who sell alcoholic beverages will be the only ones who will benefit. Mrs. Floy Cysewski noted that fourteen of the last fifteen N I RA finals rodeos have been held in Bozeman; and recent newspapers have indicated that a contract has been signed which will assure the N I RA finals rodeo being held in Bozeman for the next five years. She noted the Roundup activities are being conducted to encourage the finals to be held in Bozeman, but questioned its necessity to maintain the rodeo here. She then indicated this has been listed as a family activity, which conflicts with the consumption of alcoholic beverages on the street. Mrs. Barbara Van1t Hul, member of MADD, noted the Christmas Stroll has been a success, with no alcoholic beverages involved. She suggested that the same type of activities would be successful in the Roundup as well. Commissioner Anderson indicated she has received telephone calls from two constituents who have indicated disappointment in the Commission1s decision and concern about enforcement because of the waiver. I Commissioner Mathre noted that the Commission has been frequently asked to waive the open container ordinance, particularly in the parks for family events. She also noted that the Commission waived the open container ordinance for "A Taste of Bozeman, II which is also a family event and is held on Main Street, which has been closed for a specified length of time. The Commissioner indicated she is not sure it is appropriate to waive the open container ordinance for this event, but it has not been tried yet; and if this year's activities create problems, it won't be done in the future. She then questioned if the Home Free program will be available for those who indulge too heavi Iy during the activities. Commissioner Jordan indicated he has reservations about the waiver of the open con- tainer ordinance. He noted, however, that the University is now on summer vacation; and the Chamber of Commerce is involved in sponsoring this event. He also noted that one cannot stop those who wish to drink. The Commissioner then noted the business community is an integral part of the City; and the success of the activity is up to them. Mayor Weaver noted that if the waiver of the open container ordinance is abused during these activities, approval will not be given in the future. He also indicated that waivers to the open container ordinance are made by the Commission with reservation. City Manager Wysocki noted the original request included setting up a beer booth and stated it now appears that the only alcoholic beverages sold will be in those establishments along Main Street. Daria Joyner, Executive Director of the Chamber of Commerce, stated no alcoholic bever- ages will be served as a part of the Roundup activities. She indicated the waiver would allow I people to go into the bars and pick up a drink if they wish. Mr. Brad Johnson, representative of the Downtown Bozeman Association, stated the Association carefully weighed the possibility of requesting a waiver of the open container or- dinance and determined that the waiver would allow those who wish to have a drink in hand while watching activities. He stressed that the Roundup is a fami Iy-oriented event, with ac- tivities such as clowns, bands, dunking booths and food vendors, which do not revolve around the consumption of alcoholic beverages. Mr. Johnson stated he feels that those who wish to , 06-17-85 243 have a drink should still be able to participate in the activities without jeopardizing the quality of the event. Daria Joyner indicated that part of the promotion for these activities is the Home Free program. She also noted the event will be policed by members of the DBA as well as various law enforcement agencies. She stated the sponsors of the event are not trying to influence those who do not want to drink, but are offering alternatives for those who wish to drink. I Commissioner Anderson noted that it is extremely important to remember this waiver is on a trial basis. She then indicated she would prefer to see the drinking kept in the bars, and not allowed on Main Street. It was moved by Commissioner Anderson that the Commission reconsider the waiver of the open container ordinance along Main Street from Grand Avenue to Rouse Avenue on Wednes- day, June 19, 1985, from 3:30 p.m. to 6:00 p.m. for the parade activities for the CNFR. The motion died for the lack of a second. B rea k - 5: 1 5 to 5: 25 p. m . Mayor Weaver declared a break from 5:15 p.m. to 5:25 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Request for variance for curb cut - Roger Craft - 124 West Mendenhall City Manager Wysocki presented to the Commission a request for a variance submitted by Roger Craft for a curb cut at 124 West Mendenhall. Roger Craft submitted to the Commission five pictures of the subject site and the sur- rounding area. He reviewed the current curb cut and sidewalk policy, as well as old policies, which require specific grades for the sidewalks. Mr. Craft stated his requested variance would follow the existing curb cut requirements for the first six feet from the gutter; but the final four and one-half feet to the property line would be installed at a 12 percent grade, which is not in conformance with the curb cut policy. He stated a pipe barrier will be installed along I that four and one-half feet of sidewalk to assure pedestrian safety ,as well as drawing attention to a potential hazard. He noted that would also provide a safer environment for those vehicles coming up the ramp from the underground level of the parking facility, because the grade would be decreased and they would have a larger sight triangle. Mr. Craft then indicated that the lower parking area will be private and will be used by the owners of the apartment units in the Baxter Hotel. City Manager Wysocki asked Mr. Craft at what point he was aware that a variance would be needed to provide safe access to the underground parking facility. Roger Craft indicated he was aware of problems in the structure about one and one-half months ago. The City Manager then asked if the engineer pointed out the potential problems. He also noted there was no engineering certification on the plans which were submitted for this re- quested variance. Mr. Craft indicated there was a breakdown in communications between him and the engineer; and he was not informed of the problems initially. He then indicated the drawing before the Commission at this time was prepared by his architect. City Manager Wysocki also noted there is a problem with the access to the upper level of the parking facility from the alley. Mr. Craft stated he was not aware of that problem, either, unti I the structure was under construction. The City Manager stated he feels this is a blatant example of doing what one wants, and then coming before the Commission to get approval. Director of Public Service Dick Holmes stated three separate items are involved in this situation and the requested variance. (1) The curb cut policy stipulates a slope of 2 percent I from the property line to the street; and the request has a 12 percent slope on the back four and one-half feet, which could create pedestrian safety problems in the winter because of the slope into the bottom of the parking structure. (2) The effective width of the public sidewalk would be reduced from ten feet to six feet. (3) The sight distance will be limited because of the walls in the parking structure; and the cars will be under full acceleration to get out of the lower parking level. Commissioner Mathre asked why the request is being made to utilize four and one-half feet of the sidewalk rather than completing the project within the property lines. Director of 06-17-85 ----- 241+ Public Service Holmes stated the extra distance gained by using a portion of the sidewalk re- duces the slope into the bottom of the parking garage. Roger Craft indicated that the slope would be 26 percent into the parking facility if the variance is not approved. He noted that the additional length requested would allow the slope to be decreased to 12 percent on the upper end, which would decrease the amount of acceleration necessary to get across the sidewalk and into the street. Commissioner Anderson noted the subject entrance is a north-facing entrance and asl:<ed I if it wi II be open to the weather. Roger Craft indicated the ramp will be open to the weather but will have a heat grid to prevent ice and snow build-up. Commissioner Anderson then asked what the slope will be to the street from the lower parking level. She also expressed concern about the clearance to the lower level. Roger Craft indicated the slope will be 31 percent at the lower end, changing to 19 percent and then to 12 percent at the top if the requested variance is approved. He also stated the clearance is 7 feet, which meets the code. Commissioner Jordan stated he feels this item should have been reviewed before the Commission much earlier than this. He then questioned what departments must review parking garages. The City Manager indicated the Building Inspection Division issues the building per- mits; and engineering or architectural drawings are required prior to issuance of the permit. Commissioner Anderson questioned the impact this parking structure is having on the alley along the south side. Roger Craft indicated the concrete ramp was installed first so that it can be properly anchored. He stated the alley will be feathered up to blend in with the concrete ramp to provide a safe contour for ingress and egress. Commissioner Jordan asked how the City became aware of the problems involved in the slopes for this project. Engineering Officer Neil Mann stated he reviewed the drainage plan, as well as the slopes shown on the plans, and indicated to the contractor that the entrance to West Mendenhall Street was too steep. He stated that before the building permit was issued, the access from the alley was discussed. He stated he found the alley to be about one foot low along that area, I with ramps along the sides to accommodate delivery trucks. He indicated that he agreed to allow an asphalt ramp since the grade difference was to be twelve to fifteen inches; however, the difference now is actually two and one-half feet. The Engineering Officer stated the ramp from the alley was not constructed the way it was approved. He stated that before construc- tion began from West Mendenhall Street, the contractor was asked to decrease the grade but refused to do so. Commissioner Jordan asked if the requested variance is to apply to the front and back accesses to the structure. The Engineering Officer stated the variance is for the front of the structure only. Commissioner Jordan then asked if raising of the alley will create any drainage problems. Engineering Officer Mann stated the alley can be raised up to one and one-half feet and yet maintain a constant grade that will be adequate for drainage. Commissioner Jordan asked how this situation can be avoided in the future, noting that the contractor went ahead with construction after the Engineering Officer indicated he did not approve of the plans as submitted. Neil Mann noted the curb cut policy adopted by the Com- mission refers to safety and not specific percentages of slope. He suggested that certain lim- itations could be established so that the percent of slope is not so open to individual interpre- tations. Commissioner Mathre asked if the alley will be paved. The Engineering Officer stated about one-half the length of the alley will be paved and raised to accommodate the ramp. He indicated that Mr. Craft will get concurrence from the property owners along the alley prior to I changing the elevation of the alley. Neil Mann then noted that raising the elevation of the alley does not solve all of the problems created by the ramp, which is two and one-half feet above grade rather than the 14 inches indicated on the plans. Commissioner Mathre asked which is safer, the original proposal with a 26 percent slope or the variance being requested, which will provide a 12 percent slope at the top of the ramp. Neil Mann stated the variance will provide a safer situation. 06-17-85 _._---~ 24S Commissioner Jordan asked 'if the variance will provide a safer facility than what the Engineering Officer originally requested. Engineering Officer Mann indicated that it will not. Commissioner Anderson expressed concern about pedestrian safety, especially with slop- ing a portion of the sidewalk and without a door on the parking area. Commissioner Jordan asked if the parking facility can be used if the Commission refuses the variance. Neil Mann stated the lower level would be inaccessible. I City Manager Wysocki stated that the applicant has invested a considerable amount of money in this project; and the concept of putting levels of parking on top of each other is good use of the ground. He stated that approval of the variance will not provide an ideal situation, but it wi 1/ be workable. The City Manager then recommended that the Commission approve the requested variance, contingent upon the applicant and the City staff negotiating terms agree- able to both parties, for both the infringement upon the public sidewalk and the proposed railings to be installed. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the request for variance to the curb cut and sidewalk policies at 124 West Mendenhall Street, contingent upon successful negotiations with the Director of Public Service and the Engineering Officer that will accommodate the existing situation in the safest possible manner. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Break - 6: 05 to 6: 15 p. m. Mayor Weaver declared a break from 6:05 p.m. to 6:15 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. I City Manager Wysocki presented to the Commission a request from Bill Roller for modifi- cation of design requirements on a minor Planned Unit Development to allow construction of a six-unit commercial condominium Planned Unit Development on Tracts D and E of the Rearrange- ment of Block 107, Northern Pacific Addition. This site is more commonly known as being lo- cated on the northeast corner of East Peach Street and North Church Avenue. Assistant Planner Dave Skelton presented the Staff Report. He stated that a Minor PUD is subject to in-house summary review by the Planning Staff and the Planning Director. He indicated copies of the proposal and staff report are submitted to the Zoning Commission; and they request a public hearing if they feel one is necessary. Mr. Skelton indicated the deadline for requesting a public hearing on this item was today; and no one made such a request. The Assistant Planner stated the requested modification of the design requirements is made pursuant to Section 18.54.240 of the Bozeman Municipal Code which provides that the City Commission may grant modifications II... when it has been determined that such modification is necessary to accommodate special circumstances related to the location, siting or implementation of the project, and to promote the public health, safety, morals and welfare ... II He noted the subject property is located in an M-l, Commercial--Light Manufacturing--District; and 30 percent open space is required, rather than the 15.8 percent proposed. The Assistant Planner stated the proposed site plan includes a six-unit commercial condominium structure as well as a second structure containing seventeen storage warehouse units. As an incentive to reduce the open space requi rements, the applicant has indicated he wi II plant mature trees and low profi Ie I foliage and sod the open space, which will provide immediate buffering and screening for adjacent properties on East Peach Street and North Church Avenue. Assistant Planner Skelton stated the Planning Staff has reviewed and approved the pro- posed site plan, subject to several conditions, one of which is that the Commission approve the modification of the design requirements to allow 15.8 percent for open space requirements. Commissioner Jordan asked about requiring sidewalks along the development. Assistant Planner Skelton stated that since the streets in that area are unpaved, one of the conditions for approval of the minor PUD is that the applicant sign a Waiver of Protest for 06-17-85 24G the Creation of Special Improvement Districts for future street improvements, curb and gutter, and sidewalks, which has been completed. Planning Director Steve Lere reminded the Commission that when the subject area was replatted recently, the applicant signed a Waiver of Protest for the Creation of a Special Im- provement District for paving a portion of the st~eets around the subject tract, with a minimum of four blocks being included in the SI D. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- I sion approve modification of the design requirements on a minor Planned Unit Development re- quested by Bill Roller to allow construction of a six-unit commercial condominium Planned Unit Development on Tracts D and E of the Rearrangement of Block 107, Northern Pacific Addition, to allow 15.8 percent open space rather than the 30 percent required in the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No, none. Ordinance No. 1182 - revising Chapter 18 of the Bozeman Municipal Code to provide new defini- tIons and expansIon of the requIrements In the TR DistrIcts City Manager Wysocki presented Ordinance No. 1182, as prepared by the City Attorney, entitled: ORDINANCE NO. 1182 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADDING SECTIONS 18.04.425 AND 18.04.565 AND AMENDING SECTIONS 18.38.010 AND 18.38.020 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR NEW DEFINITIONS AND THE EXPANSION OF THE RE- QUIREMENTS IN THE TECHNOLOGY RESEARCH DISTRICTS IN THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki reminded the Commission that the public hearing on this Zone Code Amendment was held on May 20, 1985, and approved on May 28, 1985. He then recommended that the Commission provisionally adopt the Ordinance at this time and that it be brought back I in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Com- mission provisionally adopt Ordinance No. 1182, revising Chapter 18 of the Bozeman Municipal Code to provide new definitions and expansion of the requirements in the Technical Research Districts, and that the Ordinance 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, Commis- sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Ordinance No. 1183 - revisinq Section 18.62.130 of the Bozeman Municipal Code, re landscapinq design stanaard in requIred off-street parking areas City Manager Wysocki presented Ordinance No. 1183, as prepared by the City Attorney, entitled: ORDINANCE NO. 1183 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.62.130 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR LANDSCAPING DESIGN STANDARDS IN REQUIRED OFF-STREET PARKING AREAS IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that the public hearing on this Zone Code Amendment was held on May 20, 1985, and approved on May 28, 1985. He then recommended that the Commission provisionally adopt the Ordinance at this time and that it be brought back in two weeks for final adoption. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion provisionally adopt Ordinance No. 1183, revising Section 18.62.130 of the Bozeman Municipal Code regarding landscaping design standards in required off-street parking areas, and that the Ordinance be brought back in two weeks for final adoption. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis- sioner Mathre and Mayor Weaver; those voting No, none. 06-17-85 247 Application for a temporary four-day Beer License - Gateway Lions Club - June 19-22, 1895 City Manager Wysocki presented to the Commission an application, along with the re- quired fee, submitted by Gateway Lions Club for a temporary four-day Beer License from June 1 9 to 22, 1 985 . He recommended that the Commission approve the application, contingent upon receipt of the State License. It was moved by Commissioner Mathre, seconded by Commissioner Jordan, that the Com- I mission approve the application submitted by Gateway Lions Club for a temporary four-day Beer License from June 19 to June 22, 1985, contingent upon receipt of the State License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Jordan, Commissioner Anderson and Mayor Weaver; those voting No, none. Authorize Mayor to sign - various budget amendments for FY85 City Manager Wysocki presented to the Commission fourteen budget amendments as pre- pared by City staff, as follows: (1) From the General Fund--Undesignated Reserve to the General Fund--Fire Division-- Operations - $2,000.00 - to cover unanticipated year-end expenditures. (2) From the General Fund--Undesignated Reserve to the Comprehensive Insurance Fund - $6,018.27 - to cover additional unanticipated insurance premiums. (3) From the General Fund--City Commission--Salaries, Wages and Benefits, $4,500.00; City Commission--Operating Supplies, $4,500.00; Elections--Contracted Services, $10,000.00; and City Attorney--Salaries, Wages and Benefits, $1,500.00 to the General Fund--City Attorney-- Contracted Services - $20,500.00 - to cover litigation costs. (4) From the General Fund--City Commission--Contracted Services to the General Fund-- Police Division--Salaries, Wages and Benefits - $338.51 - to cover police services for community events. (5) From the General Fund--Financial Administration--Operating Supplies to the General Fund--Financial Administration--Capital - $1,400.00 - to cover the freight costs for the IBM I System/38 computer. (6) From the General Fund--Revenues--Refunds and Reimbursements to the General Fund-- Financial Administration--Operations - $6,000.00 - to transfer monies received from the City of Belgrade for purchase of the IBM System/34 into Financial Administration to cover unanticipated year-end expenditures. (7) From the General Fund--Revenues--Refunds and Reimbursements to the General Fund-- Fire Division--Machinery and Equipment - $6,975.00 - to transfer monies received from Montana State University for purchase of High Rise Hose Packs. (8) From the General Fund--Recreation Administration--Salaries, Wages and Benefits to the General Fund--Swim Center--Repair and Maintenance of Buildings - $6,000.00 - to cover costs of remodeling for office space and installation of additional air handling equipment. (9) From the General Fund--Recreation Administration--Salaries, Wages and Benefits to the General Fund--Recreation Administration--Operations - $900.00 - to cover unanticipated year-end expenditures. (10) From the General Fund--Revenues--Permit Fees to the General Fund--Building I nspection--Contracted Services - $4,100.00 - transfer of permit fees paid by the Bozeman Deaconess Hospital to cover costs associated therewith. (11) From the General Fund--Light Maintenance--Salaries, Wages and Benefits - $12,633.06 to the General Fund--City Hall Complex--Salaries, Wages and Benefits, $4,261.27; Shop Complex, $6,772.37; Carnegie Building, $677.70; and Senior Center, $921.72 - redistribution of monies to cover light maintenance man's salary, providing a history upon which to base future budgeting. I (12) From the Water Fund--Water Operations--Salaries, Wages and Benefits to the Water Fund--Water Treatment Plant--Salaries, Wages and Benefits - $23,000.00 - to cover salaries for two additional employees. (13) From the Garbage Fund--Garbage Collection--Salaries, Wages and Benefits - $16,500.00 to the Garbage Fund--Garbage Collection--Operations, $13,000.00; and Garbage Collection-- Machinery and Equipment, $3,500.00 - to cover costs of garbage containers and lifting device and other unanticipated year-end expenditures. 06-17-85 248 (14) From the General Fund--Gas and Electric Service line items for City Hall Complex, $9,049.00; Fire Station No.2, $1,699.00; Carnegie Building, $765.00; Library, $2,140.00; Sen- ior Center, $0.00; Swim Center, $12,056.00; Bogert Pool, $564.00; Old Park Shop, ($238.00); Cemetery Shop, $801.00; Warming House, $113.00; City Shop, $472.00; Vehicle Storage Build- ing, $1,506.00; Old Storage Building, $1,073.00 to the Energy Conservation Capital Improvement Program Fund - $30,000.00 - to transfer unexpended Gas and Electric Service monies to the Energy Conservation CI P per Commission Resolution No. 2503. I Commissioner Mathre asked what the total impact these budget amendments will have on the General Fund Undesignated Reserve. The City Manager indicated the impact is approxi- mately $8,000.00; and the remainder of the monies involved are transfers of monies which have already been included in this year's budget. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Com- mission authorize the Mayor to sign the fourteen (14) budget amendments for Fiscal Year 1985, as presented by the City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voti ng No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Informationll items. (1) A memorandum from Commissioner Mathre to District 10 cities urging support for a special legislative session to correct the errors in the motor vehicle registration fees. She asked the Commissioners to also contact the County Commissioners and the School District as well as local legislators; and the Commissioners then specified those they would contact. (2) Commissioner Jordan reminded the Commissioners there is no Commission meeting next week. (3) A memorandum from the Clerk of the Commission listing those who have submitted applications for the various boards and commissions. Mayor Weaver asked the Clerk of the I Commission to get recommendations from the Library Board of Trustees, Parking Commission and Technical Advisory Committee for appointments to their specific boards. He also requested that this item be placed on the July 1 agenda for action. Consent I terns City Manager Wysocki presented to the Commission the following "Consent Items. II Appointment of William Rost as Director of the Municipal Band for the 1985 season Authorize City Manager to siqn - Water Main Easement - Valley View Golf Club - Water System Improvements, Group IV, Schedule II-A (24-mch trunk line) Application for waiver of the open container ordinance - U. S. Forest Service - Bogert Park - Thursday, June 20, 1985, 5:00 to 9:00 p.m. Claims 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 and Mayor Weaver; those voting No, none. Adjournment - 6: 40 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. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission 06-17-85