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HomeMy WebLinkAbout1985-09-23 375 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 23, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 23, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki. 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 September 16, 1985, were approved as submitted. This was the time and place set for the preliminary plat review for Valley Unit Sub- division, Phase itA, consisting of 23.3 acres located in the east one-half of the east one-half of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located between Durston Road and West Babcock Street, just east of Phase I of Valley Unit Subdivision. Senior Planner Mike Money presented the Staff Report. He stated the City-County Planning Board conducted a public hearing on this preliminary plat at their regular meeting held on September 12, 1985; and voted 4 to 3 to approve the application, subject to twelve conditions. The Senior Planner noted there was extensive discussion on this item prior to the vote; and a large portion of that discussion centered around City responsibility for required improvements. Commissioner Anderson noted that recent EPA regulations restrict the applying of used oil to roadways for dust abatement. She then questioned whether the new legislation would also I have an effect on the use of magnesium chloride. Commissioner Vant Hull asked how many multi-family units could be constructed on the proposed lots. The Senior Planner stated that under the present zoning, fifteen units could be constructed per acre; and there are approximately four acres divided into multi-family lots. He then indicated that, because of the physical constraints for parking and the stream setbacks on two lots, the Planning staff has estimated that 45 or 46 units could be constructed. Commissioner Vant Hull then asked if the Conditional Use Permit process could be followed and a density bonus approved for development of the lots. The Senior Planner indicated that four units can be constructed per acre; however. if more are desired, the lot must be developed through the Planned Unit Development process. He indicated that a density bonus could also be approved, which is not included in the fifteen units per acre. Commissioner Anderson asked about the traffic study which has been included as one of the conditions. She asked if that would provide for capital up front or actual completion of the study. Senior Planner Money stated that the condition provides that the City will have the cash in hand or the study will be completed prior to final plat approval. Commissioner Mathre noted that different adjectives are used to describe the improvements to West Babcock Street and Durston Road and asked for an explanation. The Senior Planner stated that West Babcock Street is to be improved to City standards, which includes curb, gutter and sidewalks. Durston Road is a county road and is to be paved to a 28-foot width at this time, with a Waiver of Protest for the Creation of SI D's for the future installation of curb, gutter and sidewalks. I Commissioner Mathre then asked about an extended SID and asked if the waiver of protest would apply to property surrounding the subject site. The Senior Planner indicated that an extended SID assesses an area serviced by a facility. rather than assessing only those properties fronting on the facility. City Attorney Crumbaker-Smith stated the waiver applies only to the Valley Unit Corporation property; and they cannot waive protest for any property owned by other persons. Commissioner Vant Hull expressed concern that if the Commission approves the preliminary plat before the traffic study is completed. no one has any idea of the costs that may be involved. 09-23-85 37G She expressed concern that the developer might then register objections in the future. even though a Waiver of Protest is on file. The Commissioner then stated she would prefer to have the traffic study completed and the costs determined prior to action on the preliminary plat. Senior Planner Money stated that one of the conditions recommended would require improvement of the intersection of U.S. 191 and Fowler Road. He noted that intersection would service development in Valley Unit Subdivision well and would relieve some of the traffic along West Babcock Street and Durston Road. He also indicated that the majority of traffic generated from this subdivision will travel to the downtown area or the University, which is best serviced I through Fowler Road or West Babcock Street; and the use of Durston Road will create a longer route and take more time. Mayor Weaver asked what the traffic study will reflect that the City does not currently know. The Senior Planner stated that the traffic study will be for the entire Valley Unit Annexation and will indicate traffic projections through each phase of development. He noted the City will then be able to determine what improvements will be needed and when. Commissioner Jordan asked if the proposed traffic study will be for Valley Unit only or if it will apply to other development in the area as well. He also questioned whether one large study, which may become outdated before the development is complete, is best or whether smaller ones should be completed with each phase. The Senior Planner stated he feels a compre- hensive overview of traffic impacts from each phase of development would be beneficial. He also noted it will provide the developer with a guideline of what improvements will be required for each phase. Commissioner Jordan then suggested that the City may wish to direct where the traffic goes from each phase. rather than suddenly being faced with a need to develop three accesses to City standards at the same time. He noted that if the City establishes basic traffic routes, it may then be able to improve one facility at a time. Commissioner Anderson asked about the concern raised over installation of sidewalks. The Senior Planner indicated that the City's current sidewalk policy requires that sidewalks be installed at the time of construction. When 50 percent of a development is completed, then the I sidewalks for the remainder of the development must also be installed. although the lots have not been developed. The City Manager reminded the Commission that it recently approved that policy, although it has not yet been returned in ordinance form. Commissioner Vant Hull noted that one of the recommendations is that the City Attorney review the proposal and submit comments. She then asked if the City Attorney has had an opportunity to review this matter. City Attorney Crumbaker-Smith indicated that she briefly reviewed the information this morning but has had no opportunity to review it in depth or prepare any written comments. Mayor Weaver asked if other developments occur in the immediate area, will they have an opportunity to participate in the costs of the traffic study. The Senior Planner indicated that he views the traffic study as a protection for the Valley Unit Corporation as well as a cost, since they will know that traffic impacts will be created by their development. He indicated that other developments will not be involved in that traffic study. Commissioner Vant Hull noted that the staff report recommends that the owner meet with the City's administration to discuss problems and concerns. The Commissioner then asked if the City administration has met with the developer directly, not with his representatives. The City Manager indicated he does not feel it is necessary for the City Manager to meet directly with the developer; but he feels the City staff can meet with the developer's staff, which has been done. Senior Planner Money indicated that suggestion was submitted because of the controversy over the Valley Unit Subdivision since 1979. He stated the proposed meeting would hopefully create an understanding of each other's position. I Mr. Rick Kerin, engineer representing Valley Unit Corporation. indicated that Mr. Bob Marvin, Marvin and Associates from Billings, has assisted with the traffic study and is present to answer questions. Mr. Kerin stated that Valley Unit Corporation agrees to comply with the conditions as recommended by the City-County Planning Board, but has reservations about the traffic study which is being required. Mayor Weaver asked if the traffic study, which will prevent completing smaller traffic studies for each phase, is conceptually acceptable; and Mr. Kerin indicated that it is. 09-23-85 37l Mr. Kerin then indicated that his client recognizes his liability for improvement of the roadways to provide adequate access to the subdivision. He noted that discussions have been held with the City and the County concerning improvement of Durston Road. He also indicated that the developer has made efforts relative to off-site improvements. Mr. Kerin then indicated that his client was in town one weekend and indicated a willingness to meet with the City staff. He noted the lawsuit was still in progress, and that the City Attorney had indicated that it I would probably not be in the City's best interests to conduct such a meeting. City Attorney Crumbaker-Smith questioned that statement and indicated that she does not recall the conversa- tion. Rick Kerin then indicated that the developer will comply with the sidewalk policy, al- though he is concerned about the amount of break-up that may be realized during construction after the sidewalks have been installed. Mr. Kerin then stated the Department of Health has reviewed the construction plans and is waiting until preliminary plat approval before taking final action. He also indicated an intention to proceed with installation of water and sewer lines and storm drainage facilities yet this fall. with paving to be completed in the spring. Mr. Kerin then indicated that the developer has discussed and agreed to paving on Durston Road. He noted that after review, the developer agreed to pave half of the Durston Road requirements. Mayor Weaver noted that a different governmental entity was involved in those discussions; and that discussion does not pertain to any City actions or standards. Commissioner Jordan asked how far it is from the western edge of the Valley Unit Annexa- tion to North 20th Avenue. where the paving on Durston Road ends. Mr. Kerin stated it is 1.47 miles from Ferguson Road to North 20th Avenue. Commissioner Jordan then asked about the costs for paving that section. Mr. Kerin indicated that preliminary figures, without doing any study on the conditions under the existing surface, are $450,000.00 to $500,000.00. Commissioner Mathre asked if the developer will be asking for Special Improvement I Districts for the improvements to be completed in Phase IIA. Mr. Kerin indicated that the developer will cover the costs of the improvements through private sources and will not be requesting any SI D's. Commissioner Anderson asked if the multi-family housing will be limited to four-plexes rather than eight-plexes, which are allowed under the zoning regulations. Mr. Kerin indicated that the Valley Unit Corporation plans to request down-zoning for the multi-family lots because there is not adequate space on the lots to provide parking for eight-plexes. Commissioner Jordan asked if the City will have any opportunity for input on the traffic study. Senior Planner Money stated that the costs of the study will be paid by the Valley Unit Corporation and that the City will select the individual to complete the study for the City. Mr. Kerin stated he feels that the traffic study will help to eliminate some of the con- ditions for future phases. He then expressed concern that the information in the traffic study may become obsolete before development is completed. noting that the study done in 1980 is no longer acceptable. He also requested an opportunity to provide input into the traffic study. Commissioner Anderson asked if there is any concern about water. Planning Director Steve Lere indicated that has been worked out during the past three years. Mayor Weaver noted that the City Attorney has not had an opportunity to carefully review this item and asked about the timing of a decision on this matter. City Manager Wysocki recommended that a decision be deferred for one week. Commissioner Vant Hull noted that October 8, 1985 is the final date for action on this preliminary plat. Mr. Kerin asked if it is possible to proceed with plan review, since the weather is I becoming unstable and the developer wishes to install the water, sewer and storm drainage systems yet this fall. He noted the Engineering Officer has indicated that the pol icy is that Commission approval be given before he reviews and approves the plans for such facilities. City Manager Wysocki indicated that he is willing to discuss that item during the week. Commissioner Jordan expressed concern that the traffic study will be completed after action has been taken on the preliminary plat. He suggested that in the future, the traffic study be completed prior to consideration of the preliminary plat. Mayor Weaver noted that the 09-23-85 37S conditions for approval of this application require only that monies be provided for a study; and the results of that study do not affect any action on this application. Mayor Weaver requested that the decision on this preliminary plat be placed on next week's agenda to allow the City Attorney an opportunity to review the matter. 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 Commission I policy established at their regular meeting of March 14, 1983. Request - permission to use Highland Boulevard for training purposes - MSU Nordic Ski Team City Manager Wysocki presented to the Commission a request from the Montana State University Nordic Ski Team for permission to use Highland Boulevard not more than once a week for training purposes between the hours of 3:15 p.m. and 4:45 p.m., from the end of September until on-snow training commences. Mr. Jeff Clark, Coach of the MSU Nordic Ski Team, indicated that the proposal is self- explanatory but that he would answer any questions. He also showed the Commission samples of the two types of equipment that would be utilized during the training. He noted that the individuals who would be on this equipment are good to excellent skiiers. Mr. Clark also indicated that the purpose of the request is to find a training site in the city, which would be more convenient than traveling to an area outside the city to train. Commissioner Vant Hull asked Mr. Clark why he is requesting use of the new Highland Boulevard rather than the old Highland Boulevard, which has been barricaded. Mr. Clark stated that the section of new Highland Boulevard along Hyalite View Subdivision and down to its intersection with East Curtiss Street provides a six-minute run. Old Highland Boulevard provides a safe area; but the run is only one and one-half minutes, which is not long enough to provide the needed type of training. Commissioner Vant Hull then asked how many people will be involved in this training program. Mr. Clark indicated there will be a maximum of twenty people at this time. I Commissioner Vant Hull asked if the bicycle pathway along Kagy Boulevard could possibly be used. Mr. Clark indicated that he has checked that possibility. However, the carbide tips of the ski poles are not compatible with concrete because they slip too easily; but they work well with asphalt. Commissioner Jordan asked Mr. Clark if he has discussed this proposal with the Chief of Pol ice, as well as MSU President Tietz. Jeff Clark indicated that he has discussed this item with the Sheriff's Department, the Chief of Police and with the City Manager. He stated that he was Informed there is an ordinance which does not allow the use of roller or coaster type devices on the street; and both the Chief of Police and the City Manager indicated that the proposal should not be approved. Mr. Clark then stated he has not talked to President Tietz but has discussed this matter with the MSU Athletic Director. Commissioner Jordan then expressed concern about the liability that the City might face if an accident were to occur as a result of approving this request. City Manager Wysocki also indicated concern about the liability that the City may incur for an accident. He noted that the roller devices seem to have little mechanism for stopping in a hurry. He is also concerned about the width of the road. which serves as an arterial for the new hospital and a large residential development. The City Manager stated he feels that old Highland Boulevard would be a much safer area on which to train, indicating that he feels the existing ordinance is reasonable and prudent. Mayor Weaver asked if interpreting the ordinance to exempt this group would place the City is a more vulnerable position. City Attorney Crumbaker-Smith stated she feels that I approval of an exemption might make the City more vulnerable. Commissioner Anderson asked about using the streets around the married student housing on campus for training. Jeff Clark indicated that he has looked at that area, but he does not want the skiiers training in there because of the large number of cars which travel along those streets. Commissioner Vant Hull suggested the use of the Main Mall parking lot early in the morning for training. Mr. Clark indicated he has not thought about that possibility. 09-23-85 379 Mr. Clark indicated that the ordinance which prohibits the use of roller devices also provides for a waiver through designation as a play street. The City Manager stated this proposal would not qualify because a play street designation includes closure of a portion of a street for a specified period of time for a specific use. City Manager Wysocki reminded the Commission that the City has developed trails for jogging. running and skiing throughout the community. He also noted the City recognizes that I skiing is an important recreational attraction in this area and is not trying to stifle the activity. Mayor Weaver noted there appear to be alternative facilities for training which. although maybe not as attractive as new Highland Boulevard, would provide adequate training. The Mayor then stated that the Commission is not concerned about use of just the new Highland Boulevard, but of any City street, because of the hazards to public safety through mixed use. He noted that use of old Highland Boulevard or the Kagy Boulevard bicycle pathway would be viable alternatives. Commissioner Jordan indicated that the Commission must consider the public safety and wel fare. He also noted that the City is barely holding onto its present insurance policies and stated he does not want to place the City in position for a potential lawsuit. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission deny the request for permission to use new Highland Boulevard for training for the MSU Nordic Ski Team and encourage the applicant to work with City staff on alternative training sites within the city limits. 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. Ordinance No. 1189 - Appropriation Ordinance for FY 86 City Manager Wysocki presented Ordinance No. 1189, entitled: ORDINANCE NO. 1189 I AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDI NG JUNE 30, 1986. City Manager Wysocki reminded the Commission of the changes which have been made since adoption of the Tentative Appropriation Ordinance. He noted that the all-purpose general fund tax levy has been increased from 71.92 mills to 72.11 mills, resulting in an increase of $4,261.00 in tax revenues and a similar decrease in the Revenue Sharing Fund monies for police salaries. The City Manager then recommended that the Commission adopt Ordinance No. 1189, establishing. the budget for Fiscal Year 1986. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Ordinance No. 1189, the Appropriation Ordinance for Fiscal Year 1986. 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. Ordinance No. 1190 - Capital Improvement Program Appropriation Ordinance for FY 86 City Manager Wysocki presented Ordinance No. 1190, entitled: ORDINANCE NO. 1190 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING I CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD JULY 1,1985 THROUGH JUNE 30,1986. City Manager Wysocki reminded the Commissioners that this Ordinance reflects a $4,261.00 increase in Revenue Sharing Fund monies through transfer from the Appropriation Ordinance, considered in the above action. He noted that when the City receives official notice that the Revenue Sharing program has been continued, the two additional quarters of entitlement monies will be considered. The City Manager then recommended that the Commission adopt this Ordinance. 09-23-85 38G It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Ordinance No. 1190, the Capital Improvement Program Appropriation Ordinance for Fiscal Year 1986. 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. Commission Resolution No. 2574 - establishing mill levy for FY 86 I City Manager Wysocki presented Commission Resolution No. 2574, entitled: COMMISSION RESOLUTION NO. 2574 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1985-1986. City Manager Wysocki reminded the Commission that the proposed mill levy has been increased to 111.83 mills, generating an additional $4,261.00 for the General Fund. He noted this is still within the 111.90 certified mill levy. He then recommended that the Commission adopt this Resolution. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis'sion adopt Commission Resolution No. 2574, establishing the mill levy for Fiscal Year 1986. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Commission Resolution No. 2575 - establishing Deferred Compensation Plan for City Employees City Manager Wysocki presented Commission Resolution No. 2575, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2575 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. I MONTANA, (EMPLOYER) ESTABLISHING A DEFERRED COMPENSATION PLAN FOR ITS EMPLOYEES. City Manager Wysocki stated this deferred compensation plan is the same one in which he is involved and is administered through the ICMA Retirement Corporation. He noted this Resolu- tion will expand the City's participation in the program, allowing any employee to become in- volved in the deferred compensation plan. The City Manager indicated that participation will be optional and will be handled through a payroll deduction. City Manager Wysocki then recommended that the Commission adopt Commission Resolution No. 2575, which will give the employees an option to become involved in this program. Commissioner Vant Hull asked about the costs to the City through involvement in the program. The City Manager indicated the City will face very few costs in this program, with the majority of the costs being incurred during initial implementation of the program. He stated the City is not responsible for any of the administration of the program; and there is no City involvement in funding for the plan. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2575, establishing a deferred compensation plan for City employees through the I CMA Retirement Corporation. 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. Proclamation - "Fire Prevention Week 1985" - October 6-12, 1985 I Mayor Weaver proclaimed the week of October 6 through 12, 1985 as "Fire Prevention Week 1985" and urged all citizens to participate. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation. 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. 09-23-85 381 Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A memo from Commissioner Vant Hull concerning the drainage ditch between West Villard Street and Durston Road between North Eighth Street and North Ninth Street. The City Manager indicated that the staff will review the matter. Commissioner Vant Hull requested I that a report be submitted to the Commission as soon as possible. (2) A reminder that the Gallatin County Health Board will meet at 7:00 a.m. tomorrow in the Gallatin County Courthouse. He noted each of the Commissioners has received an agenda and packet of information for the meeting. (3) A reminder that the Commission will meet with the City-County Planning Board on Thursday, September 26, 1985 at 7:00 p.m. in the Commission Room at City Hall. The purpose of the meeting is to discuss the work program for the Planning staff during Fiscal Year 1986. (4) Commissioner Jordan suggested that the Commissioners conduct a review of the recent League convention and submit any suggestions for improving the program to the Executive Director. Mayor Weaver requested that this item be placed on next week's agenda. (5) Mayor Weaver noted that the Commissioners have received a letter inviting them to a United Way luncheon to be held on Tuesday, October 1. The Commissioners indicated that they will respond individually to the invitation or contact the Clerk of the Commission. (6) Agendas and packets for the Zoning Commission meeting to be held on Tuesday, September 24, 1985. Adjournment - 6:10 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 I Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No. none. KENNETH L. WEAVER. Mayor ATTEST: Clerk of the Commission I 09-23-85