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HomeMy WebLinkAbout1985-07-15 273 It was moved by Commissioner Jordan, seconded by Commissioner Anderson, that the Com- mission appoint Kenneth R. Olson to replace Richard McConnen on the Technical Advisory Committee. The motion carried by the following Aye and No vote; those voting Aye being Com- missioner Jordan, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commission Vant Hull. I Discussion - FY I items Acting City Manager Barrick presented to the Commission the following "For Your I nfor- mationll items. (1) A memo concerning the revenues which would be generated by the proposed ceme- tery fees, and a comparison with the anticipated expenditures for operation of the Cemetery Division. Commissioner Vant Hull then submitted a memo to the Commissioners concerning the pro- posed fees and asked that the Commissioners receive comparative data for other cities. The Mayor noted more interest in data concerning the relationship between revenues and expendi- tures for Bozeman rather than data from other communities. (2) The agenda for the City-County Planning Board meeting to be held on Thursday, July 11,1985. (3) Mayor Weaver noted the City has received a color chart from which to choose the color for the 2-million-gallon water tank. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission select "dawn blue" as the color for the 2-million-gallon water storage tank. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Jordan, Commissioner Mathre and Commissioner Anderson; those voting No being Mayor Weaver. Adjournment - 9:00 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant HuH, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 07-08-85 271+ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 15, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 15, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Acting City I Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 8, 1985, were approved as amended. None of the Commissioners requested that any of the consent items be removed for discussion. Staff report - annexation requested by Home Leasing, Inc. (J. W. Tschache, President) - 32.5-acre tract located in the NEt, NEi, Section 2, T2S, R5E, NfPM (southwest corner of North 19th Avenue and Baxter Lane) Acting City Manager Barrick stated the Planning Staff has completed its initial report on the annexation request submitted by Home Leasing, Inc., (J. W. Tschache, President) for a 32.5-acre tract of land located in the northeast one-quarter, northeast one-quarter, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at the southwest corner of the intersection of North 19th Avenue extended and Baxter Lane. Assistant Planner Marcia Elkins presented the Staff Report. She noted the Master Plan designation for the subject site is medium density residential. She stated that, while annexa- tion is the only item being considered at this time, the applicant has indicated a desire to seek an R-MH, Residential--Mobile Homes zoning designation for the entire tract, which would be compatible with the Master Plan designation. The Assistant Planner then reviewed the various goals and policies established in Commission Resolution No. 2532. She noted that the major I concern raised by the proposed annexation is impact on the existing vehicular transportation system. She noted that the extension of North 19th Avenue and West Oak Street will probably not be completed unti I at least 1990, so the major access to the site would be on Baxter Lane. She stated Baxter Lane is a County road which has existing problems, particularly at its inter- section with North 7th Avenue. Assistant Planner Elkins then stated that after review of the City1s goals and policies for annexation, the staff recommends that annexation is not appropriate at this time, but should be denied until timing with the improvement of North 19th Avenue and West Oak Street can be completed. Commissioner Anderson asked if the City has a policy to allow wells as a substitute water supply for a project of this type. The Assistant Planner stated that the use of wells is not an approved alternative. Planning Director Steve Lere stated that some single-family residences are on wells. He stated no major developments have used wells as supplemental water. He also noted that the regulations require that all City-density development be on central water and sewer services. Commissioner Anderson then asked about the water drainage problems on the site. The Assistant Planner stated the Engineering Officer has expressed concern that some of the pro- posed drainage facilities are located on public rightS-Of-way and would have to be relocated. Commissioner Vant Hull asked if the owners of the properties immediately east of this site have indicated any interest in annexation. Assistant Planner Elkins stated the owners of those properties have discussed the possibility of annexation but have submitted no formal I request. Mr. J.W. (Junior) Tschache, applicant, assured the Commission that he wishes to hook onto the City's water system rather than using wells. He then indicated he has reviewed the Staff Report and concurs with all of the items set forth, including dedications of rights-of-way and Waivers of Protest for the Creation of Special Improvement Districts. He noted the major problem wi II be Baxter Road, including its intersection with North 7th Avenue. 07-15-85 275 Mr. Tschache then indicated a desire to have this parcel annexed prior to development so that City services are available. He noted that extension of the water and sewer services to the site will take a rather extended period of time; and he does not anticipate development of the parcel for several years. Mr. Tschache then stated the businesses currently located in the Gardner Simmental Plaza have indicated a desire for an improved extension of North 19th Avenue and have discussed I the possibility of improving that portion of the roadway with private monies. He then noted that if the subject parcel is annexed, he would be willing to contribute toward improvement of North 19th Avenue along his frontage, which would almost complete the extension of the street. J. W. Tschache stated he has attended Technical Advisory Committee meetings and re- quested that the extension of North 19th Avenue from West Oak Street to Baxter Lane be included in the FAU project. He noted that portion of the street has been included in the Environmental Impact Statement; but the TAC has recommended that it not be included in the construction project because it is currently underway and any changes may delay the entire project. Commissioner Vant Hull asked Mr. Tschache if he is willing to pay the cash-in-lieu of water rights costs involved with the proposed annexation, even if wells are dri lIed. Mr. Tschache indicated he is willing to pay those costs. Commissioner Vant Hull then asked Mr. Tschache if he would be willing to let the Com- mission table action on this requested annexation until the parcels to the east have submitted requests also. Mr. Tschache indicated there is individual ownership of the parcels; and he would prefer to have his project move ahead without being tied to the other parcels. He a I so stated a desire to help Mr. Smith with some of the problems with his property, since the tracts abut each other and carry many of the same problems and concerns. Commissioner Jordan stated the City has recently completed a formula for determining the costs for purchase of water rights to support an annexation. He then suggested the City may wish to consider establishing a formula for improvement of roads also, indicating that a six- I month moratorium might be appropriate while the formula is being developed. Planning Director Lere stated he and the City Attorney have discussed that type of possibility. He noted the staff has not yet developed a proposed policy for Commission consider- ation but could pursue the item if deemed appropriate. City Attorney Crumbaker-Smith cautioned the Commission that it cannot base its decision on this request on a policy that may be established in the future. The City Attorney also noted that if a policy for considering off-site improvements is established, it will apply to the subdivision process rather than to the annexation process. Commissioner Anderson stated her support for the staff's recommendation for denial of the request at this time. Commissioner Jordan expressed concern that, although the annexation process is totally separate from the subdivision process, annexation seems to indicate automatic consideration of a subdivision proposal. Mr. Arthur Van't Hul, engineer representing the applicant, indicated that in the past the City has approved annexation without providing City water, but requiring that wells be dug and the system constructed to meet City standards until City water becomes available. Mr. Van1t Hul stated the proposal to use wells was intended as an interim measure until City water service could be obtained, but use of City water services is much more desirable. He indicated that this annexation proposal has been based on items which have been approved or required by previous City Commissions. Mr. Van1t Hul then stated the applicant is aware of the traffic problems in the area, I noting that extension of North 19th Avenue will alleviate many of those problems. He also noted that annexation of this parcel would then allow the City to exercise the Waiver of Protest for Annexation which has been signed for the Gardner Simmental Plaza, which has been partially developed as an industrial area and would increase the tax base for the City. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the Staff Report on the 32. 5-acre annexation requested by Home Leasing, Inc., and table action until a management recommendation is submitted. The motion carried by the follo~ing Aye and No vote: those voting Aye being Commissioner Mathre, 07-15-85 27G Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Weekly staff report - status of water availability for the remainder of the summer Acting City Manager Barrick presented to the Commission a memorandum from Director of Public Service Dick Holmes concerning the status of water available as of the week ending July 12, 1985. He noted that the memo indicates that the usage of Hyalite Lake water must not I exceed 22 acre feet per day for the supply to last through September 30; and on Thursday, the usage was 25 acre feet. Mayor Weaver asked if additional water restrictions will need to be imposed to assure sufficient water supply and water pressure for the remainder of the summer. Director of Public Service Dick Holmes stated that the water usage has not dropped a significant amount with the implementation of the odd-even system. He then stated that as soon as a public notice is printed in the newspaper, the hours of outdoor use will be established as from 6:00 a.m. to 9:00 a.m. and 5:00 p.m. to 8:00 p.m., maintaining the odd-even numbering system. Commissioner Anderson suggested that a twice-a-week irrigation system may need to be considered. The Director of Public Service noted that the City is taking small steps as necessary to assure an adequate water supply and water pressure through the remainder of the summer. He stated through this method, dramatic changes are not imposed; and the City can indicate its good faith in pursuing the matter prudently. Commissioner Vant Hull stated she has received comments of concern about the fact that the odd-numbered residents would have watering opportunities two days in a row, on July 31 and August 1. The Director of Public Service stated that watering could be banned on July 31, or everyone could be allowed to water. Commissioner Jordan asked why the evening hours have been listed as 5:00 p.m. to 8:00 p. m., rather than later. The Director of Public Service stated people will tend to turn on I their water as soon as they get home from work, so the hours were set to accommodate that tendency. Mayor Weaver stated the Commission should encourage the staff to act conservatively and promptly, taking whatever steps it deems appropriate to reduce the consumption of water and protect the City1s water supply and water pressure. The Mayor noted the County Health Board has also encouraged the City to act prudently. Commissioner Jordan asked if the usage during the past five days has diminished the projected twelve-day extension past September 30. The Director of Public Service stated he has not done any projections in the past few days. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission ratify the restriction on the hours for outdoor irrigation submitted by Director of Public Service Holmes, to become effective as soon as possible, and encourage the staff to implement additional watering restrictions promptly and strongly as deemed necessary to maintain the City1s water supply and water pressure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Break - 4:55 to 5:05 p.m. Mayor Weaver declared a break from 4:55 p.m. to 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff recommendations - items to be included in the Energy Conservation C I P for FY86 I Acting City Manager Barrick presented to the Commission a memo, along with four funding options, for items to be included in the Energy Conservation Capital Improvement Program for Fiscal Year 1986. He noted that he has recommended that Option No. 1 be funded, with the possibility of changing to Option No. 4 if the Specular Silver Optical Reflector (SSOR) system proves effective in other establishments in Bozeman. He then reviewed the recommended options for appropriation of the $30,000.00 in the Energy Conservation C I P, as follows: 07-15-85 277 Option 1 Approved ]-1-85 $ 2,950.00 City Hall Vestibule 3,300.00 City Shop--Door Openers 5,000.00 Reserve 18,750.00 $30,000.00 Option 4 I Approved 7-1-85 $ 2,950.00 City Hall Lights 12,840.00 City Hall Vestibule 3,300.00 City Shop--Door Openers 5,000.00 Reserve 5,910.00 $30,000.00 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Option No.1, as listed above, with a possible change to Option No.4, if the SSOR lighting system proves effective in other locations in the community. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - Commission membership on the Chamber of Commerce BizNet mailing list Acting City Manager Barrick presented to the Commission a memorandum from Commissioner Vant Hull about a possible one-year subscription to the Biznet mailing list, as proposed by the Bozeman Area Chamber of Commerce. Commissioner Vant Hull stated this item was discussed at a meeting held on June 28, 1985. She suggested that the Commission consider appropriating $10.00 for a one-year sub- scription to Biznet to determine if the service is worthwhile. Mayor Weaver noted that the Chamber of Commerce has subscribed to the Biznet service. He stated this will provide a satellite broadcast every morning and interviews around the country on topics of national interest, combined with an opportunity to request information on I particular topics. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the staff to proceed with processing of a $10.00 payment to be sent to the Chamber of Commerce for a one-year subscription to the Biznet mailing list. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Appointment of subcommittee to review Pledged Securities as of June 30, 1985 Acting City Manager Barrick stated the Commission must appoint a subcommittee to review pledged securities on a quarterly basis, as required by the State Statute. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Commissioner Anderson and Commissioner Jordan to a subcommittee to review the Pledged Securities as of June 30, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. Commission Resolution No. 2564 - Purchase of Road Oil for FY86 Acting City Manager Barrick presented Commission Resolution No. 2564, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2564 I Purchase of Road Oil Acting City Manager Barrick noted this type of resolution must be adopted on an annual basis. He then recommended that the Commission adopt Commission Resolution No. 2564. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2564, providing for the purchase of road oil and sundry construction materials from the State Highway Department for Fiscal Year 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, 07-15-85 278 Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. ermission to allow fence to remain on public ri Acting City Manager Barrick presented to the Commission a request submitted by Dennis Slonaker for permission to leave a newly-erected fence within the public right-of-way, which is I generally located one foot inside the sidewalk. He noted this request results from a notice to Mr. Slonaker from the Building Inspection Division that the new fence was being constructed on the public right-of-way. Mr. Slonaker highlighted some of the points listed in his letter. He noted the new fence replaces an old fence and is located in the same place. He indicated that a contractor has been installing the new fence; and he was unaware that the public right-of-way extended inside the sidewalk by one foot. The applicant indicated the fence along East Lamme Street has been completed, and that portion along North Wallace Avenue has the poles erected but the boards remain to be attached. Acting City Manager Barrick stated the posts were already located on the public right-of- way when Mr. Slonaker was notified that it was within the public right-of-way. He indicated there are two options at this time: (1) require that the applicant remove the fence or relocate it; or (2) grant an exception and permit the fence to remain on the public right-of-way. Mayor Weaver asked if the fence, which is currently located right along the sidewalk, constitutes a public hazard. The Acting City Manager indicated it does not. Commissioner Jordan asked if the City would incur any responsibility for broken fence boards from activities such as sidewalk snow removal. The Acting City Manager indicated the City would incur no responsibilities. Mayor Weaver asked if there is any precedent for allowing a fence to be located within the public right-of-way. The Acting City Manager indicated there is. Commissioner Mathre noted the fact that the fence being located within the public right- I of-way, right along the sidewalk, does not constitute a hazard or public safety problem is very important in the decision-making process. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission allow an exception to allow the fence at 204 North Wallace Avenue to be located on one-foot of the public right-of-way for the present time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Re uest - authorization to Main Street - Frida and aturday, uly 19 an aterlng Acting City Manager Barrick presented to the Commission a request from Gallatin Valley Catering for permission to use one parking stall in the public right-of-way along Main Street in front of Owenhouse Hardware for their concession booth during "Crazy Days" activities to be conducted on Friday and Saturday, July 19 and 20, 1985. Mayor Weaver noted the Downtown Bozeman Association sponsors the "Crazy Days" activities and asked if that organization has endorsed this request. Mr. Kurtis Nason, Gallatin Valley Catering, stated he has contacted the President of the DBA about this proposal. He stated the President indicated he has nothing against the proposal, but he indicated that the blanket permit for the sidewalk sale would not cover this request since Gallatin Valley Catering is not a part of the DBA. Mr. Nason stated he has also con- tacted Mr. Spain at Owenhouse Hardware; and he feels that the concession booth would comple- I ment his business. Commissioner Vant Hull asked Mr. Nason if he has a current business license; and he indicated he has. Mayor Weaver noted there is a precedent for this type of request, since the City has approved requests submitted by Heisel Landscaping and Cashman Nursery in the past. Acting City Manager Barrick noted that under current procedures, this request would usually have been processed administratively through use of a revocable permit. He indicated 07-15-85 .... - - -- - - - ~~ -----~---- ----- -- 279 he had brought this request to the Commission since it is the first request for this business to become involved in the "Crazy Days" activities. Commissioner Jordan stated an interest in the policies which the DBA has established for those involved in "Crazy Days." It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize Gallatin Valley Catering to park a concession booth in one parking stall in I the public right-of-way along Main Street on Friday and Saturday, July 19 and 20, 1985, during "Crazy Daysll activities. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission direct City staff to request, if desirable, from the Downtown Bozeman Association a copy of their policy concerning businesses not located in the downtown area who wish to parti- cipate in the "Crazy Days" activities. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Absence of Commissioner Mathre - August 5, 1985 Commissioner Mathre stated she has received a scholarship for attendance at the Center for Improvement of Public Management during the period August 1 through 10, 1985. She then requested authorization to be absent from the meeting of August 5, 1985. It was moved by Commissioner Jordan, seconded by Commissioner Anderson, that the Commission authorize the absence of Commissioner Mathre from their regular meeting of August 5, 1985, in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Anderson, Commis- sioner Vant Hull, Commissioner Mathre and Mayor Weaver; those voting No, none. I Discussion - FY I items Acting City Manager Barrick presented to the Commission the following "For Your Information" items. (1) A survey from the Montana League of Cities and Towns for input on topics to be included at the Annual Convention, as submitted by Commissioner Mathre. Commissioner Mathre indicated that she has submitted the topics discussed at last week's meeting to Alec Hansen. The Mayor then asked that the Commissioners complete the forms and submit them to Commissioner Mathre so that she may forward the suggestions to the League office. (2) A letter to the City Manager from Clem Lambrecht, Exchange Club, thanking the City for its participation in the Fourth of July Celebration. (3) A letter to the Mayor from the Bozeman Deaconess Hospital inviting the City Manager and Commissioners to coordinate a visit to the new hospital site with hospital officials. The Mayor noted he has asked the City Manager to work with hospital officials in co- ordinating the visit to the new hospital site. (4) Commissioner Vant Hull noted she saw an article in the newspaper indicating that the Gallatin County Commissioners are not inclined to provide any funding for purchase of air quality measuring equipment for the Gallatin County Health Department. She suggested that the Commissioners send a letter to the Gallatin County Commission asking them to assist in the purchasing of that equipment. The Mayor indicated that he will draft a letter for review at next week's Commission I meeting. Commissioner Vant Hull also suggested that the Commission consider writing a letter to the Gallatin County Commission thanking them for including $5,000.00 for the recreation program in the preliminary budget and asking them to consider a larger contribution. The Mayor asked Commissioner Vant Hull to draft a letter for review at next week1s meeting. (5) Commissioner Vant Hull noted that none of the Housing Committee Report was in- cluded on this week's agenda for discussion. 07-15-85 280 The Commission discussed whether to defer further discussion of the report until after the section on "Zoning" has been completed. The Commission concurred that discussion of the remaining sections should continue on a regular basis. Mayor Weaver then requested that Sections 4 and 5, entitled "Land" and IIFinance" be placed on next week1s agenda for discussion. (6) Commissioner Vant Hull indicated she has received letters from two citizens in- dicating the need for additional traffic signals on East Main Street at Switzler Avenue and on West Main Street, particularly at the Main Mall. She also noted that both letters request I stricter enforcement of existing traffic laws, including speed limits. The Commissioner then suggested that an agenda item for discussion of this item and a possible request to the Highway Department for consideration of installation of traffic signals be established. Mayor Weaver asked the City staff to pursue this item, with a report to be submitted to the Commission in two weeks. (7) Commissioner Vant Hull stated she has received several complaints from citizens about Kagy Boulevard, particularly the weeds in the median and along the boulevards. She also noted that Mr. Pentel, 1139 Kagy Boulevard, has indicated that the contractor damaged his property during construction but has not yet repaired it. Mayor Weaver asked the staff to submit the City's concerns to the State Highway Depart- ment, with an update to be submitted to the Commission in two weeks. (8) Commissioner Mathre noted that the discussion on goals and policies was not in- cluded on this week1s agenda. She then noted that next week City Manager Wysocki will be back and suggested that this item be included on the agenda. Mayor Weaver requested that the discussion on goals and policies for the upcoming year be included on next week1sagenda. (9) Mayor Weaver noted that during a luncheon meeting on this date, Dan Metcalfe, Allen-Bradley, indicated that the plant will be closing as of November 15, 1985. The plant currently employs 170 persons; and the layoffs will be phased over a three-month period. The Mayor indicated that the closure will cause the firm to sell the existing facility, which is located on fi fteen acres. I Consent Items Acting City Manager Barrick presented to the Commission the following "Consent Items." Authorize Call for Bids - water line replacement in the northeast section of Bozeman (CDBG monies) Authorize annual leave for Clerk of the Commission Sullivan - Au~ust 5-9, 1985; appoint Kathleen M. Norman as Acting Clerk of the ommission It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the consent items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Adjournment - 5:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor I ATTEST: Clerk of the Commission 07-15-85 ~ ------- - ~- -" ---