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HomeMy WebLinkAbout1985-11-25 455 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 25, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 25, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - November 18, 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the minutes of the regular Commission meeting held on November 18, 1985 be approved as amended. 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. NW!, This was the time and place set for the decision on the Conditional Use Permit requested by Valley View Golf Club to allow a 40-foot by 110-foot accessory building for maintenance equipment on a tract in the southeast one-quarter and southwest one-quarter of Section 18 and the northwest one-quarter, northeast one-quarter, southeast one-quarter and southwest one-quarter I of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This tract of land is located within the recently expanded golf course. City Manager Wysocki reminded the Commission that the public hearing on this item was held last week. He then concurred in the Zoning Commission's recommendation for approval, subject to five conditions. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Valley View Golf Club to allow a 40-foot by 110-foot accessory building for maintenance equipment on a tract of land located within the golf course, subject to the conditions recommended by the Zoning Commission as follows: 1. Exterior security I ighting shall be identified on the final site plans, and shall be provided on the site. 2. The 35-foot stream setback shall be maintained. 3. The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to in- stallation of the improvements, it must be secured by a method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans and methods of security shall be made a part of that agreement. 4. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six I (6) months of the date of the City Commission approval, and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building Department; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the appl icant. 5. All on-site improvements shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. 11-25-85 45t~ An on-site inspection wi II be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit wi" be permanently renewed. 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. Decision - Conditional Use Permit - Clair W. Daines, Inc. - increase density bonus to allow I eight living units on COS No. 803-A in the SW!, Section 13, and the NWl, Section 19, T2S, R6E, MPM (extension of Westridge Meaaows PUD aTong FaIrway Drive) This was the time and place set for the decision on the Conditional Use Permit requested by Clair W. Daines, Inc., to increase the density bonus to allow eight living units on Certificate of Survey No. 803-A, located in the southwest one-quarter of Section 13 and the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This tract of land is located east of Fairway Drive; and the proposed development is an extension of Westridge Meadows Planned Unit Development. City Manager Wysocki reminded the Commission that the public hearing on this item was held last week. He then concurred in the Zoning Commission's recommendation for approval, subject to six conditions. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Conditional Use Permit requested by Clair W. Daines, Inc., to increase the density bonus to allow eight living units on Certificate of Survey No. 803-A, subject to the conditions recommended by the Zoning Commission, as follows: 1. That the two additional single-family condominiums (Nos. 31 and 32) be incorporated into the Homeowners' Association for Phase 4 of the Westridge Meadows Planned Unit Development, prior to final site plan approval. 2. That the final site plan be identified as Phase 4 of Westridge Meadows Planned Unit Development prior to final approval. 3. That the property in question receive Preliminary Subdivision Plat I review and approval prior to final site plan approval. 4. That the developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (11-) times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans and methods of security shall be made a part of that agreement. 5. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval, and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 6. That all on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those vot i ng No, none. Decision - Zone Map Change - from R-4 to B-2 - Chuck Fjeld - north 42' of west half of Lot 7, north 42' of Lots 8, 9 and 10, west 421 of the east 84' of Lots 24 and 28 and the west 56' of Lots 24 and 28, all in Block E, Tracy's Third Addition (522 West Beall Street) This was the time and place set for the decision on the Zone Map Change requested by Chuck Fjeld to change the present zoning of R-4, Residential--Medium-density Apartments, to 11-25-85 457 B-2, Community Highway Business, on that tract of land located in the north 42 feet of the west half of Lot 7, the north 42 feet of Lots 8, 9 and 10, the west 42 feet of the east 84 feet of Lots 24 and 28, and the west 56 feet of Lots 24 and 28, all in Block E of Tracy's Third Addition. This location is more commonly known as 522 West Beall Street. City Manager Wysocki reminded the Commission that it had conducted the public hearing on this item at last week's meeting. He then concurred in the Planning Staff's recommendation I for approval, as per the Master Plan land use designation for that site and because of its previous long-time use as a business location. Commissioner Vant Hull noted that recommendation is contrary to the Zoning Commission's recommendation; and the City Manager concurred that it is. The Commissioner then stated that since the parcel borders a residential neighborhood, the current zoning should be retained or a "T" placed on the requested zoning. She then noted that the Planning Staff has indicated its opposition to placing a liT" on the rezoning of this parcel; therefore, she feels the present zoning should be retained, as recommended by the Zoning Commission. Commissioner Mathre noted the "T" means "Transitional Overlay" and is applied to those areas with vacant land to be developed. She noted this area is not in transition; and she does not feel that a IIT" designation could be appropriately placed on this site since it has been previously developed. The Commissioner stated that, since the site is small and has already been developed, it has many limitations on any future use. She also noted that the parking requirements and restrictions will limit use of the site. Commissioner Anderson noted an indication was given at last week's meeting that a church is interested in the site. The Planning Director stated that a church is currently looking at the site; but that use faces parking problems, and no final determinations have been made on the possibility. Commissioner Jordan indicated he will support the proposed rezoning, realizing that the parking constraints will dictate what type of business is located on the site. He then stated his only concern is that an affirmative Board of Adjustment decision may provide a variance for I a less desirable business adjacent to a residential neighborhood. Mayor Weaver stated he will support the requested Zone Map Change because the property was in a business-type use appropriate in a B-2 zone prior to the existing zoning and has been on a continuous basis. Also, there is no "T" designation on any adjacent B-2 property, so any liT" designation on this site would appear to be inequitable. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the Zone Map Change requested by Chuck Fjeld to change the present zoning of R-4, Residential--Medium-density Apartments, to B-2, Community Highway Business, on that tract of land commonly known as 522 West Beall Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Vant Hull. Application for Gaming Licenses - GranTree Inn, 1325 North Seventh Avenue - (1) two poker tables; (2) three video draw poker machines; and (3) one electronic keno machine - through June 30, 1986 City Manager Wysocki presented to the Commission three applications for Gaming Licenses, along with the required fees, on behalf of the GranTree Inn, 1325 North Seventh Avenue, as follows: (1) two poker tables; (2) three video draw poker machines; and (3) one electronic keno machine, all for the period ending June 30, 1986. The City Manager stated that favorable investigative reports have been received for all those persons financially involved and recommended approval of the applications. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the three applications for Gaming Licenses submitted by the GranTree Inn, 1325 North Seventh Avenue, as listed above, through June 30, 1986. 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. Application for Liquor License - Little John's Bar, 515 West Aspen Street - through December 31, 1985 City Manager Wysocki presented to the Commission an application, along with the required 11-25-85 458 fee, for a Liquor License submitted by Little John's Bar, 515 West Aspen Street, for the period ending December 31, 1985. The City Manager noted that Little John's Bar has had a Beer and Wine License, but their application for an All-Beverage Liquor License was recently approved by the State. He then recommended that the Commission approve the application, contingent upon receipt of the permanent State License. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission approve the Liquor License requested by Little John's Bar, 515 West Aspen Street, for the period ending December 31, 1985, 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 voti ng No, none. Review of summaries of evaluations for City Manager and Clerk of the Commission City Manager Wysocki stated the Commission had requested this item be placed on the agenda. Mayor Weaver noted that not all of the evaluations have been completed; therefore, the summaries are delayed. He then suggested the possibility of doing a single summary document for the City Manager in letter form, with all Commissioners signing if desired. Commissioner Vant Hull asked if the City Manager would like such a document; and City Manager Wysocki indicated he would. Commissioner Anderson indicated a summary document would be all right; but she will submit a personal letter as well stating her views. Mayor Weaver requested that this item be placed on next week's agenda for further consideration. Discussion - FY I items City Manager Wysocki presented to the Commission the following IIFor Your Informationll I items. (1) Commissioner Jordan stated he received a call from Commissioner-Elect Martel about the continued salting at intersections, which recently became slippery after slight thawing and a light snowfall. He then suggested the possibility of doing a controlled study using various amounts of sand and gravel as well as salt mixtures during a two- or three-month period to determine what method is most effective. Commissioner Vant Hull suggested that the City consider the option of contracting with a firm for snow removal. She noted a possible funding source for that would be through a two-cent county-wide gas tax, approved by the electorate in the June primary election. Mayor Weaver requested that a preliminary discussion of street salting strategies be placed on next week's agenda. (2) Commissioner Jordan noted that a recent newspaper article indicates that some Billings residents have experienced a large increase in taxes due to approval of various bond issues and annexations. The Commissioner noted that representatives from the City, County and School District currently meet for monthly breakfast meetings; but he feels a formal semi- annual or annual meeting to discuss priorities for bond issues and long-range planning might be beneficial for all parties. Mayor Weaver requested that this item be placed on next week's agenda for discussion. (3) Commissioner Vant Hull stated a film on subdivisions will be shown on KUSM tele- vision at 6:30 p.m. on Wednesday, November 27, 1985. She noted that a telephone call to the Planning Staff revealed that some of the staff participated in the making of the film and that it I was shown at the planners' meeting held this fall. The Planning Staff further encouraged the Commissioners to watch the program on Wednesday if at all possible. (4) The City Manager then reviewed the items contained in this week's packet, which include a letter from John and Ruth Metcalf, 8670 Nash Road, concerning potential flooding of their property. (5) Copies of a Class Action Complaint and a Notice for Douglas L. Hagfeldt and Annette E. Hagfeldt vs. the City of Bozeman concerning the location of the water tank. 11-25-85 459 (6) Copies of the Zoning Commission agenda and packets for the meeting to be held on Tuesday, November 26, 1985. (7) City Manager Wysocki, as a Board member, attended a meeting on the self-insurance pool in Billings on Friday. He stated that the Board of Trustees for the I nsurance Trust of the Montana League of Cities and Towns now has seven members; and at the next annual League meeting, nine members will be selected for that Board. He stated the program for worker's I compensation is ready to be implemented; and the enrollment period will begin on January 1, 1986. He noted that the Cities must give thirty days' notice to withdraw from the State program; and he will submit such a letter of intent during the upcoming week, with the item to be placed on next week's agenda for ratification. He indicated the Leaguels program will be based on 95 percent of current State rates, with a one-time, non-refundable establishment fee of 1 i percent of the annual premium. He noted it has been reported that the State is currently considering a 7i percent increase in its rates as of January 1, which would result in a net annual savings on premiums of 12i percent, less the establ ishment fee. He stated that Billings and Great Falls have absorbed the costs incurred to date, totalling between $20,000.00 and $25,000.00; and the establishment fee would be used to reimburse the Cities for those costs. The City Manager indicated that if the City decides to participate, a six-month payment, plus the establishment fee, is due upon joining; and the premiums will be due quarterly there- after, rather than on the monthly basis under the State program. He noted that the program needs a minimum of $1 million in annual premiums to be viable; and at least four to five Cities need to be involved to adequately spread the risk. City Manager Wysocki then stated that Gates, McDonald and Company will manage the claims and provide the services under this program. He also indicated that the Trustees will obtain secondary insurance at a level of $200,000.00 or $250,000.00 deductible to the Trust to cover large claims. He stated that the investment pool will be handled by G. T. Murray; and Marsh & McLennan did the feasibility study in conjunction with a Helena law firm. The City Manager then indicated that programs will be developed for liability and I property insurances, hopefully with enrollment periods during the first quarter of calendar year 1986 and a start date of April 1, 1986. City Manager Wysocki then indicated that various Commission actions will be required during the next few weeks as these programs begin. Commissioner Vant Hull asked if the City will receive any refunds of insurance payments if it opts to join the League liability and property insurance pools and a period of overlapping occurs. The City Manager indicated the City would be reimbursed for any unused insurance premiums. Commissioner Jordan asked what the notification period would be if the City joined the League worker's compensation insurance pool and later decided to withdraw. The City Manager stated a sixty-day notification will be required. He then indicated that eventually there will be an ownership program; and this insurance program will then become an asset. Consent Items Items. " It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Consent Items as listed above, and that the appropriate persons be I authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Adjournment - 4:50 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. 11-25-85 4SU 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 I 11-25-85