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HomeMy WebLinkAbout1985-10-21 413 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 21, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 21,1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of October 15, 1985, were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Presentation re dimming of lights in town for viewing of Halley's Comet City Manager Wysocki stated that the Commission has requested this presentation. Mr. Dave Westpfahl, observational astronomer in the Montana State University Physics Department, submitted a slide presentation entitled "Nighttime Lighting in Bozeman--Light Pollution and Light Trespass." Most of the slides were of specific types of lighting fixtures used in and around Bozeman; and a few of the slides were taken from a satellite 600 miles in space in 1979 and 1985. Mr. Westpfahl noted that the lights in Bozeman .are brighter in the more recent slide, indicating a light pollution problem that should be addressed. He noted that those interested in observing the stars are not interested in turning out the lights within the city, but merely in dimming those lights and minimizing the effects of light pollution and light trespass, largely through use of appropriate lights and directing those lights where needed. Mr. Westpfahl suggested that the City may wish to consider reducing the lighting in one or two areas along the south or west portions of the community to provide citizens an opportunity to I view Halley's Comet. He suggested that a darker second half of the night might be a mechanism for producing that light reduction. Mayor Weaver asked about the differences in low-pressure sodium and high-pressure sodium lights. Mr. Westpfahl stated that astronomers feel low-pressure sodium lights are the most favorable for them; and they are the least expensive lights to operate. Commissioner Anderson asked what type of lights will be installed during the lighting upgrading project which Montana Power Company has undertaken in Bozeman. Mr. Max Russell, Consumer Services Manager for Montana Power Company, stated that high-pressure sodium lights with an advanced design cut-off feature will be used. He indicated those lights are designed to direct the light down, minimizing the effect on the skyline. Mr. Russell further stated that Montana Power Company's suppliers have indicated that low-pressure sodium fixtures are not available for street lighting. Mr. Lou Engle, 1211 Holly Drive, indicated that he is also concerned about the extra lighting there seems to be around the city. He noted that the lights from the athletic fields at the Recreation Complex on Haggerty Lane create a flow in his back yard by which he can read a newspaper. However, more importantly than that, the lights create a hazard for motorists because from certain positions they are blinding to those traveling on various roadways in that area. Commissioner Anderson asked if an inventory of the various types and locations of lighting has been done for the Bozeman area. Mr. Westpfahl indicated that he does not believe I there has been; but he could put one together if so desired. Commissioner Jordan asked what is considered the second half of the night. Mr. Westpfahl indicated that it is whatever time is established, but often runs from 11 :00 p.m. or midnight to 6:00 a.m. Commissioner Anderson noted that the Commission must consider the public safety and security factors while addressing this request. The Commissioner then asked if any other communities have been controlling the lighting and if copies of the regulations would be available. Mr. Westpfahl indicated that Tucson, San Diego and San Jose have lighting 10-21-85 Minutes 41lt regulations; and he has copies of those regulations, which he could provide to the City if they so desire. Commissioner Anderson stated she would like to see them. Mayor Weaver noted that he has heard that Bozeman is underlighted. Mr. Russell indicated that as far as street lighting, Bozeman is the poorest lit city in the state, particularly in the residential areas. He noted that the only new street lights added between 1979 and 1985 were the lights along Kagy Boulevard and North Nineteenth Avenue, which were constructed with FAU funds; and the remainder of the additional lighting has come through development. He I further cautioned that any contemplated changes should be carefully reviewed to determine if they meet FAU funding requirements. Mayor Weaver asked if dimmers can be placed on street lighting. A representative from Main Mall indicated that their lights come on through a photosensor; and at 11 :00 p.m. one- fourth of the lights are turned off through a timer. Mayor Weaver suggested to Mr. Westpfahl that his group prepare a draft Resolution for Commission review and possible action which would encourage those in the community to parti- cipate in dimming of lights for viewing of Halley's Comet. He then thanked Mr. Westpfahl for his presentation. Request for funding - Pedestrian/Traffic Safety Committee City Manager Wysocki stated the Pedestrian/Traffic Safety Committee has requested an opportunity to address the Commission concerning funding for their committee. Mr. Ralph Zimmer, member of the Pedestrian/Traffic Safety Committee, stated the group was established by an I nterlocal Agreement between the City, County and School District in 1976. He stated that during the past few years, the committee has served without any budget; and it has been difficult to get volunteer secretarial services and disseminate information. Several years ago they did receive financial support from the County and the School District, but no financial support has been received from the City. Mr. Zimmer indicated he is now approaching the County and the City to request funding if those bodies feel that the committee is viable and should continue to function. He noted that the Committee is not approaching the I School District at this time because it has been their major source of support in the past. Mr. Zimmer then indicated that the Committee feels that $800.00 should cover their expenses for this fiscal year. Commissioner Anderson noted that under the agreement, the Committee is to submit a budget to the various governing bodies not later than June 1 of each year. She then noted that the City Commission has not received such items. Mr. Zimmer stated that they have not submitted any funding requests to the City for several years because their initial requests were always denied. City Manager Wysocki noted that, since one of the provisions in the agreement is that the Committee submit a budget prior to June 1, a detailed itemized budget should be submitted prior to any further consideration of this request. He noted the County will probably be seeking similar information, also. Commissioner Jordan expressed concern about providing funding for the Committee if the proposals and recommendations they submit may not be acted upon because of lack of monies. He then asked if the Pedestrian/Traffic Safety Committee had experienced such frustrations. Mr. Ralph Zimmer stated that the Committee has sometimes questioned its usefulness and been frustrated by failure to act upon their recommendations. He noted that they do review all safety features, from long-range planning of the street system to individual intersections. He stated that often, particularly when only one intersection may be involved, the Committee does not consider the monetary aspect because it is minimal. Commissioner Anderson asked if T AC is funded in any way. I Mr. Zimmer stated that the Technical Advisory Committee and the. Policy Coordinating Committee, which are also formed under the Interlocal Agreement, operate in a different manner. He noted that the Department of Highways in Helena does the necessary setting up of meetings and distributing information. The Department also did provide secretarial services for those meetings until the past year, when the City has provided the secretary during the meetings. 10-21-85 Minutes 415 Mayor Weaver suggested that the Pedestrian/Traffic Safety Committee prepare a budget for its funding request and submit it to the City Manager for review and a recommendation to be submitted back to the Commission as soon as possible. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission send a letter to the Pedestrian/Traffic Safety Committee stating appreciation for what they do and asking them to continue functioning and submitting input on all appropriate I items; and inviting them to submit a budget to the City Manager as soon as possible for review and consideration. 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. Mayor Weaver asked Commissioner Vant Hull to draft the letter and submit it to the Commission for consideration at next week's meeting. Break - 5:06 to 5:13 p.m. Mayor Weaver declared a break from 5:06 to 5:13 p.m., in accordance with Commission policy established at their March 14, 1983 meeting. Review - Second ection 16, 2 , This was the time and place set for the Preliminary Plat review for the second amended subdivision plat of Block 1 of Rae Subdivision, First Filing. This subdivision is located in the southwest one-quarter of Section 16, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana. The site is more commonly known as being located north of Chestnut Avenue and east of Gooch Hill Road. Assistant Planner Marcia Elkins presented the Staff Report. She stated the Rae Sub- division was amended in 1981 to provide for a Planned Unit Development creating townhouse lots I and accompanying open space; and one single structure containing three dwelling units has been constructed since that time. This proposed plat will combine all of the townhouse lots into five separate tracts, one of which will contain the existing structure. The Assistant Planner stated that this proposal will eliminate many of the concerns which the Planning Staff has had about development of the lots as they currently exist. Assistant Planner Elkins then stated that the City-County Planning Board reviewed the Preliminary Plat and recommends approval, subject to seven conditions as submitted by the Planning Staff. She also noted that the Planning Board supports waiver of the Environmental Impact Statement and the Community Impact Statement. Commissioner Mathre asked why Ken Gilbertson voted No on this item at the Planning Board meeting. The Assistant Planner stated that entry in the minutes is incorrect; he ab- stained because of his close involvement with the Rae Volunteer Fire Department. Commissioner Vant Hull asked why the applicant is required to pay only $35.00 per lot fee to the Rae Volunteer Fire Department. The Assistant Planner stated that the County established the $35.00-per-lot one-time charge several years ago. She noted that fee covers any undeveloped lot until its time of development and assures protection for other structures around that lot in the case of fire. Mr. Mike Foley, surveyor representing Mr. Trunk, indicated he would answer any questions; but no one asked any questions. City Manager Wysocki recommended that the Commission approve the Preliminary Plat, subject to the conditions as recommended by the Planning Board, and waive the requirements for the EIS and the CIS. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Preliminary Plat for the second amended subdivision plat of Block 1 of Rae Subdivision, First Filing, waiving the requirements for the Environmental Impact Statement and the Community Impact Statement, and subject to the conditions recommended by the Bozeman City-County Planni ng Board, as follows: 1. The lot lines shall be relocated in a manner to provide the required open space to be dedicated to the Homeowners Association for the townhouse lots and documentation of a valid Homeowners Association provided. 10-21-85 Minutes 41(; 2. The note regarding multi-family dwellings shall be removed from the face of the plat. 3. The Certificate of Surveyor should be corrected to reflect the language found in Section 16.40.050 of the Bozeman Municipal Code. 4. A drainage easement shall be delineated on the plat for the perforated drain crossing the site. 5. The title of the plat shall be changed to "Second Amended Subdivision of I Block 1, Rae Subdivision, First Filing." 6. Montana Department of Health and Environmental Science approval shall be obtained prior to final plat approval. 7. The applicant shall document the payment of the $35.00 per-lot fee to the Rae Volunteer Fire Department. 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. Preliminary Plat Review - Homestead Townhouse Development - Lot 1, Block 1, Westlakels Fourth Addition (southwest corner of West Tamarack Street and North Third Avenue) This was the time and place set for the Preliminary Plat review for the Homestead Town- house Development located on Lot 1 of Block 1, Westlake's Fourth Addition. This site is more commonly known as being located on the southwest corner of West Tamarack Street and North Third Avenue. Assistant Planner Dave Skelton presented the Staff Report. He noted that the Resolution submitted to the Commission in the packet is incorrect and noted that the corrected copy was distributed just prior to the Commission meeting. He then submitted to the Commission a letter from Mr. Eric Johnstone, 614 North Grand Avenue, dated October 14, 1985, stating his concerns about the proposed development. The Assistant Planner then noted the proposal will provide for construction of a 39-unit I townhouse development to be targeted to the elderly and handicapped on a 4.438-acre tract. He noted the project would be completed in two phases, with 11 units to be completed in Phase I and the remaining 28 units to be completed in Phase II. Access to the subdivision would be through a looped private roadway from North Third Avenue. He noted this would create negative impacts on that roadway; but a 60-foot right-of-way does exist for that street, which is currently used as a gravel alley, and the developer would be required to improve that roadway to City standards. Assistant Planner Skelton then stated the Planning Staff recommended approval subject to twelve conditions; and the Planning Board adopted those conditions as well as an additional condition. Commissioner Vant Hull asked if the staff's concern about the turning radii within the development has been addressed. The Assistant Planner stated that the staff has reviewed the plat and determined that the radii can be increased as necessary to provide access for emer- gency vehicles without affecting any of the proposed lots. He noted those radii must be corrected prior to final plat approval. Commissioner Jordan expressed concern about requiring a Waiver of Protest for the Creation of SI D's for improvement of West Tamarack Street along this project. He noted that those who purchase these units will be on a quite fixed income; and the addition of an SI D payment could create a financial hardship for them. The Commissioner then indicated that he feels if the Waiver is required, the potential of an SI D assessment should be well publicized and made perfectly clear to any potential purchaser. Planning Director Steve Lere stated that the Waiver of Protest is the standard require- I ment for future improvement of public facilities, particularly when those improvements are not needed immediately. Mr. Lowell Springer, architect representing the developer, addressed some of the points of concern expressed in Mr. Johnstone's letter, which the Mayor read into the record. He noted one of those concerns is whether the project will actually be for the elderly and handi- capped, or if that feature is only a selling point to get the project approved. Mr. Springer stated that the requirements for elderly housing and handicapped housing are very similar and 10-21-85 Minutes 417 work well together. He then indicated that through design, a project can be targeted to a specific group, noting that the Woodbrook PUD was targeted toward "empty nesters," and the majority of the residents fit within that category. He noted that, while a project can be targeted to a specific group, one cannot legally refuse to sell to an individual because he does not fit within that group. Mr. Springer noted another concern expressed is the potential deterioration of the I exterior of the project within the next ten years, particularly because the residents don't care about the appearance. He stated that a Homeowners' Association will be established for this project; and the owners will pay monthly maintenance fees to that Association. Those monies will then be budgeted toward exterior maintenance, landscaping and snow removal, so exterior deterioration should not become a problem. Mr. Springer noted a third concern was the negative impact on the neighborhood, parti- cularly because of additional traffic within the area. He noted that the subject parcel is currently zoned R-4, Residential--Medium-density--Apartments; and 118 living units could be constructed on this site without any public review. Mr. Lowell Springer then stated he has no objection to any of the conditions as recommended by the City-County Planning Board and requested that the Commission give favorable consideration to this application. Commissioner Vant Hull noted that concern about the straight lines was indicated at the Planning Board meeting, with a comparison being drawn to the old American Legion Housing. She then noted some of the buildings are angled and asked about the possibility of more angles, or possibly planting of mature vegetation to help soften the lines. Mr. Springer noted that variety is important, which is why the plan shows angled build- ings in portions of the project. He stated that the lines along North Third Avenue are all basically straight, and the buildings are shown as lying parallel to the street. He indicated that the use of mature vegetation could help to create an attractive development, along with some possible slight changes in positioning of the buildings. I Commissioner Vant Hull then asked if parkland dedication is required for this project, since it is over four acres in size. The Planning Director stated that the parkland requirements for Westlake's Fourth Addi- tion were completed through the original subdivision process; and that parkland lies immediately west of this subject site. Commissioner Mathre asked if the units in this project would be subsidized. Mr. Springer indicated that these units will not be subsidized. He indicated that the only possible subsidy would be through use of secondary grant funds through paybacks of Community Development Block Grant loan monies for construction of public facilities. Mr. Chanson Ching, 213 West Cottonwood Street, indicated his house is at the corner of North Third Avenue and West Cottonwood Street. He stated that, philosophically, he feels this is a good project, but he has a few reservations about the potential traffic impact on the area, noting that those streets are currently unpaved. Mr. Eric Johnstone, 614 North Grand Avenue, stated he is in philosophical agreement that an elderly and handicapped project is good. He also noted that those individuals typically make good neighbors. However, there are many current activities which generate traffic in that area, and he is concerned that this project will increase the traffic dramatically. Commissioner Vant Hull asked if the current residents along North Third Avenue will be required to participate in paving of that street. The City Manager noted that one of the conditions for approval of this Preliminary Plat is that the developer agrees to improve North Third Avenue from West Tamarack Street to West I Peach Street during development of the site. The City Manager further noted one of the concerns expressed is the type of occupant in this project. He suggested that the developer may wish to consider establishing covenants; but that is a process in which the City cannot become involved. City Manager Wysocki then recommended that the Commission approve the Preliminary Plat, subject to the thirteen conditions adopted by the City-County Planning Board. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the Preliminary Plat for Homestead Townhouse Development, located on Lot 10-21-85 Minutes 418 1 of Block 1 of Westlake's Fourth Addition, subject to the conditions recommended by the Bozeman City-County Planning Board, as follows: 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. I 3. Montana Department of Health and Environmental Science approval must be obtained prior to final plat approval. 4. Interior private street will be identified on the final plat as a private street. 5. Utility easements along lot lines will be identified on the final plat. 6. Written easements will be filed with the Clerk and Recorder at the time of final plat filing for all temporary turn around easements, utility easements located outside the platted area and for the emergency access easements. 7. Pedestrian sidewalks will be installed in accordance with City standards as identified on the plat; however, an asphalt sidewalk may be installed along the south side of Tamarack street. 8. The developers will provide a waiver of protest to the creation of SI D's for improvements to Tamarack Street. 9. A Property Owners' Association will be formed and all parks and common areas wi II be deeded to the Association. The interior pedestrian ways shall also be deeded to the Homeowners' Association. The Association shall provide for the maintenance of all park areas, common space and pedestrian ways. 10. The applicant shall receive final site plan approval of a Conditional Use Permit for a minor PUD on Phase I, prior to final plat approval. 11. The design and layout of townhouse lots with reference to the turning radii for emergency and service vehicles shall be reviewed and approved I by the City Engineering Officer and Fire Marshall prior to final plat approval. 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 Improve- ments Agreement will contain a construction time schedule and a method of payment to the City of Bozeman for the inspection of the improve- ments installation. Further, the Improvements Agreement shall identify the phased development of the subdivision and appropriate time frames. 13. That it is the responsibility of the developer to improve North Third Avenue to an approved City standard from West Tamarack to the southern extreme of Phase I during Phase I, and from the northern extreme of Phase II to West Peach Street, during Phase II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Consent I terns Street - I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above and that the appropriate persons be authorized and directed 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. 10-21-85 Minutes 4J9 License - Associated Students German Club - October 25, 1985 - City Manager Wysocki presented to the Commission an application, along with the required fee, on behalf of the Associated Students German Club for a one-day Beer License for October 25, 1985, at the Gallatin County Fairgrounds. The City Manager recommended that the Commission approve the application, contingent upon receipt of the State License. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a one-day Beer License for October 25, 1985, at the Gallatin County Fairgrounds on behalf of the Associated Students German Club, contingent upon receipt of the State License. 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. Recess - 6:00 p.m. Mayor Weaver declared a recess at 6: 00 p. m., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. of East This was the time and place set for the public hearing for the Zone Map Change requested by McRay Evans to change the present zoning of RS-l, Residential--Suburban Country Estates, to R-3, Residential--Medium-density, on Tract 1 of Certificate of Survey No. 688 located in the southeast one-quarter of Section 18, Township 2 South, Range 6 East, M.P.M. This site is I more commonly known as being located east of South Rouse Avenue and south of East Lincoln Street extended. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the subject 1. 92-acre tract has been approved for annexation, although the process has not yet been completed. He indicated that the existing zoning designation is not a city designation and therefore must be changed to comply with the zoning regulations. He noted the subject property is primarily vacant and is being used for hay and horse pasture. The property is bordered on the east by Bozeman Creek; and the 35-foot streambank setback must be observed. The Assistant Planner noted that the subject property is located in an area which is in transition from rural to urban development; and the proposed R-3 zone is consistent with the city zones surrounding it and appears to be the most appropriate zoning designation. Assistant Planner Skelton stated the Zoning Commission has conducted its public hearing on this item and recommended approval of the Zone Map Change. The Zoning Commission further recommended that the Commission not take final action on this item until the annexation process has been completed. The Assistant Planner then indicated that the staff is currently reviewing the final draft of the Annexation Agreement, so that process should be completed within the near future. Mr. McRay Evans, applicant, thanked the Commission for its support in the annexation and rezoning processes for this property. Commissioner Vant Hull asked Mr. Evans when he wishes to begin construction of houses I for his children on this site. Mr. Evans indicated that the paperwork must be completed for the annexation, zoning change and subdivision prior to beginning of construction. He stated he does hope to be ready to begin construction next spring after it thaws. No one was present to speak in opposition to the proposed Zone Map Change. Mayor Weaver closed the public hearing. A decision will be deferred until the annexation process for the subject parcel is completed. 10-21-85 Minutes 42.U This was the time and place set for the public hearing on the Conditional Use Permit requested by Buz Cowdrey to allow an owner's residence on Parcel 2 of Certificate of Survey No. 558A located in the southwest one-quarter of Section 9, Township 2 South, Range 6 East, M.P.M. This site is more commonly known as being located on East Frontage Road. Mayor Weaver opened the public hearing. I Assistant Planner Marcia Elkins presented the Staff Report. The Assistant Planner stated that the proposed Conditional Use Permit would allow construction of an owner/caretaker's residence and office building as an accessory use to the construction warehouse facility to be constructed on this parcel, which is located within an M-l, Commercial--Light Manufacturing, zoning district. She noted the subject parcel appears to be divided, with two separate owners at this time. She indicated that the proposal indicates that the two structures would be on different properties; and the properties must be combined into one common tract before the bui Idings can be constructed. Assistant Planner Elkins indicated that the subject parcel is located within the Burrup Annexation, along U.S. Highway 10, immediately east of Ganser, Inc. She noted the site is currently used for storage of construction equipment, without any of the required screening bei ng provided. The proposed accessory structure wi II be two stories, with a three-bay garage in one end and a private looped driveway. The Assistant Planner indicated it is important that the caretaker's residence be linked to the construction business, since that is the only way in which a residence may be constructed in the M-l zone. The Assistant Planner stated that the Zoning Commission reviewed the Conditional Use Permit and recommends approval, subject to nine conditions. Commissioner Vant Hull asked if the screening requirements would apply to those items currently on the property, those pieces of equipment which would be placed on the property in the future, or both. The Assistant Planner indicated that screening would be required for those pieces of construction equipment and items on the site now as well as any future additions. I Commissioner Vant Hull noted that should improve the appearance of the site. Mr. Buz Cowdrey, applicant, stated he has reviewed the conditions recommended by the Planning Staff and the Zoning Commission, and he is willing to comply with all of those require- ments. Mr. Neal Ganser noted he is the neighbor immediately to the east of this site. He indicated that if all of the conditions are met, he will support approval of the application. Commissioner Vant Hull asked when construction will begin on this project. Mr. Cowdrey stated he would like to construct the construction equipment storage garage next year and the office building/caretaker's residence the following year. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Permit - Da of a mobile ectlOn 15, This was the time and place set for the public hearing on the Conditional Use Permit requested by Dayle H. Kountz to allow the placement of a mobile home on a portion of the southwest one-quarter of Section 15, Township 2 South, Range 5 East, M.P.M. This site is more commonly known as 4283 Stucky Road. Mayor Weaver opened the public hearing. City Manager Wysocki submitted to the Commission a petition containing sixteen signatures in opposition to the proposed Conditional Use Permit, which was received just prior to the I Commission meeting. He then noted that the Zoning Commission had continued its public hearing and recommended that the Commission continue this public hearing until such time as a recommen- dation is received from the Zoning Commission. Mayor Weaver continued the public hearing until such time as a recommendation is received from the Zoning Commission. 10-21-85 Minutes 421 Continued discussion - proposed guidelines for determination on whether to conduct public hearings for 1\Il....11H applications City Manager Wysocki reminded the Commission that they had tabled further discussion and action on this item until this meeting. Mayor Weaver noted that one applicant has submitted a letter of withdrawal, which will be considered later on th is agenda, citing timing problems. The Mayor then asked if conducting I the public hearing in Bozeman will create timing problems and slow up the process for appli- cants in the future. City Manager Wysocki indicated that, depending upon when the City receives the informa~ tion and has an opportunity to conduct the public hearings, the process could be delayed for a period of one month or more. depending upon the timing of the funding rounds in Helena. He noted that the MEDB had originally scheduled the public hearing on the request submitted by the Montana Progress Limited Partnership for October 23, before the City indicated its intention to conduct the public hearing. He noted that hearing was initially combined with three other locations in Montana, with all four applications being for upgrading of existing Town Pump faci I ities. The City Manager stated that, rather than having the entire process delayed, the applicant has withdrawn that portion of its request pertaining to the Bozeman location so that the remaining three may be considered in a timely manner. City Manager Wysocki then indicated that he has talked to a staffer in the MEDB office and informed them that if the Commission wishes to conduct the public hearings, it would be preferable to schedule them on Mondays, at 7:00 p.m. on the first or third Monday of the month if possible to conform with its existing schedule. He then stated that the MEDB has no specific criteria. but they follow the State Statute. He noted that any written comments must be considered by the Montana Economic Development Board in reaching their decision. The City Manager then reminded the Commissioners that under this program, the only item to be considered during the public hearing is the financial aspect. He indicated that the determination for that process is whether the project is in the best interests of the community I and would be helpful in its overall development. He noted that the land use process is totally separate; and if the use is allowed under current zoning regulations. the only review will be through the City staff. Mayor Weaver noted the Commission must remember that the MEDB is the decision-making authority in this program. determining what is in the public interests in Bozeman as it pertains to Industrial Development Revenue Bond financing. He noted if the Commission does conduct the public hearing, it is simply providing the mechanism for gathering information. The Mayor then asked if the Commission is prepared to establish a policy that it will not hold the public hearings but wi II forward all of them to Helena. Commissioner Anderson indicated she feels the applications should be reviewed administra~ tively. with apparently routine hearings being conducted in Helena. Commissioner Jordan stated he feels the Commission should hold all or none of the hearings, but a consistent policy should be established. Commissioner Mathre asked how one determines if a project is appropriate for this type of financing. She noted some, like hospitals, are clear cut; but at the national level the use of IDR bonds has been abused. She then asked if the Commission would provide only a pass-through function during the public hearing process or if it would submit its recommendation as well. The City Manager indicated that the Commission would submit a recommendation. He noted that he feels the MEDB would probably consider that recommendation, particularly if it has very specific reasons for making a certain recommendation. Commissioner Vant Hull suggested that the Commission conduct all of the public hearings I on applications for the use of MEDB monies for a period of one year and then review the matter. '- Mayor Weaver asked about the possibility of appointing a Hearings Officer to conduct the public hearings in Bozeman, expressing concern about the possible lack of timeliness if the Commission conducts the hearings. City Manager Wysocki indicated that if the hearings are to be held in Bozeman, they should be conducted by the City Commission. He stated that is one question for which he was not able to get an answer during the past week because the staff in the MEDS office was out of the office until Friday. ~ 10-21-85 Minutes . 422 The City Manager then indicated that he has added a sixth guideline to his memo dated October 2, 1985 and requested that the Commissioners add the item to their copies as well. He noted it should read "6. Housing projects must result in additional handicapped and low-income units. " It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission conduct all public hearings for Montana Economic Development Board applications in Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commis- I sioner Vant Hull, Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Review of letter drafted by Commissioner Vant Hull to legislators re FLSA City Manager Wysocki presented to the Commission a draft letter as prepared by Commis- sioner Vant Hull to the Montana congressional delegation concerning the Fair Labor Standards Act. Commissioner Vant Hull submitted one slight revision. City Manager Wysocki asked if the letter was to address the retroactive portion only or if the letter was to include a request to be removed from the ruling as well. Commissioner Vant Hull asked what the National League of Cities position is on the matter, noting that the new Nation's Cities Weekly has an extensive article on this item. Commissioner Mathre indicated she is not prepared to sign a letter until she has more information on the League's position. Commissioner Anderson also indicated she would like to know the status of existing legislation prior to signing of any letter. Commissioner Jordan indicated he would be willing to sign a letter. However, he feels the letter should not be limited to support of one specific bill, but should encourage legislators to support whatever measures would negate the Garcia decision. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commission send a letter to its legislators indicating that it does not want the Garcia decision to be effective retroactively and requesting support for any legislation which would remove local I governments from the effects of the Garcia decision. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Jordan and Commissioner Vant Hull; those voting No being Commissioner Mathre, Commissioner Anderson and Mayor Weaver. Acknowledge receipt of letter of withdrawal of application for MEDB monies - Montana Progress Limited Partnersnip(lown Pump) City Manager Wysocki presented to the Commission a letter from Town Pump withdrawing the Montana Progress Limited Partnership application for use of Montana Economic Development Board monies for upgrading of the local Town Pump. The City Manager recommended that the Commission acknowledge receipt of this application, since its previous action provided for conduct of a public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the letter of withdrawal from Montana Progress Limited Partnership of its application for use of Montana Economic Development Board monies. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. I (1) A letter from Les Opp concerning sidewalk snow removal. (2) A letter from John J. McKenna concerning the use of salt on city streets. (3) The agenda and packet of information for the Zoning Commission meeting to be held on Tuesday, October 22, 1985. (4) The City Manager stated that the Audit Committee will meet at 1 :30 p.m. on Monday, October 28, 1985 to review the audit. The Exit Conference will then be held at 4:00 p.m. next Monday before the Commission. 10-21-85 Minutes 423 (5) Commissioner Jordan distributed to the Commission a newspaper article published in the Great Falls Tribune concerning tax increment financing. (6) Commissioner Jordan noted that the Commissioners have received a copy of the Bozeman Transit Study for review. (7) Mayor Weaver noted he was to prepare a letter to the legislators concerning Revenue Sharing. He indicated that he will check the status of the current legislation and send a I telegram to the two Montana Senators signed by the City Commission. (8) Commissioner Vant Hull distributed to the Commission copies of an article in the Bozeman Daily Chronicle concerning the costs of the FAU priority arterials, which have doubled since initial discussion. She then questioned whether the City should be seeking alternative methods of financing and possibly trying to find ways to reduce the anticipated costs of the roadways. The City Manager indicated that he has discussed this matter with the Director of Public Service; and one possibility would be to construct a basic two-lane facility with no curbs, gutters or sidewalks to change the traffic circulation with upgrading of the facility at some time in the future. Adjournment - 8:10 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: I Clerk of the Commission I 10-21-85 Minutes