HomeMy WebLinkAbout1985-12-02
461
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
December 2, 1985
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, December 2, 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 25, 1985
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
minutes of the regular Commission meeting held on November 25, 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.
Pedestrian/Traffic Safety Committee request for fundin in the amount of $319.00
City Manager Wysocki submitted to the Commission a request from the Pedestrian/ Traffic
Safety Committee for funding in the amount of $319.00 for the remainder of Fiscal Year 1985-86.
Mr. Ralph Zimmer, member of the Pedestrian/Traffic Safety Committee, noted that the
entire budget for the remainder of Fiscal Year 1986 is $638.00; and the request has been equally
divided between the County and the City, since the School currently pays and supervises the
I crossing guards and provides the meeting facilities for the Committee. Mr. Zimmer indicated
that the County Commission has reviewed the request and agreed to provide $94.00 in funding
for the postage, secretarial supplies and publicity as well as a secretary to type the minutes,
although she will not be attending the meetings.
Commissioner Vant Hull asked if the City's portion of the secretarial costs, or $225.00,
would be adequate to cover the costs of a secretary at the meetings. Mr. Zimmer indicated that
he feels the Committee could function under the County's action if the City funds its portion of
the entire budget request.
Mr. Zimmer then noted that the Pedestrian/Traffic Safety Committee may begin to function
as the Citizens I Advisory Committee also, with expanded membership, if the Policy Coordinating
Committee determines that is appropriate. Commissioner Anderson asked if a public hearing would
precede such action; and Mr. Zimmer indicated that it will be considered at a public meeting,
but not a public hearing.
Commissioner Jordan expressed concern that approval of this funding request might set a
precedent. He further noted this is an interlocal function and questioned the fairness of the
funding split for this Committee.
City Manager Wysocki suggested that the Commission approve the funding request and
determine the efficiency of this method of providing assistance at the end of the fiscal year.
He also requested that any future funding requests be submitted prior to June 1 each year, as
provided in the Agreement.
I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission authorize the expenditure of $319.00 from the General Fund--City Commission--
Operations budget unit to fund the request submitted by the Pedestrian/Traffic Safety
Committee for the remainder of 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.
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Discussion - preliminary review of street salting strategies
City Manager Wysocki noted that this item had been placed on the agenda as a result of
Commissioner Jordan's suggestion at last week's meeting. He then submitted to the Commissioners
a memo from Director of Public Service Dick Holmes, dated April 22, 1985, and an article on salt
and other de-icing products.
Commissioner Jordan noted that recent articles indicate new products that are as effective
as salt will be on the market within the next two to three years. He stated that he does not I
feel the City should invest in equipment or manpower to remove snow at this time if those
products are to be available so soon. He then suggested that the City conduct a controlled
study, possibly using salt only on four intersections; a salt and sand combination on four
intersections; and a gravel and sand combination on four intersections to determine if there is
any difference in effectiveness and, if so, how much.
Commissioner Vant Hull indicated she does not support the idea of a study. She then
suggested that the City pursue the possibility of hiring contractors to do snow removal. She
stated the revenues to cover those costs could then be placed before the electorate in the form
of a two-cent gas tax. She suggested that could possibly be accomplished through a citizens'
committee comprised of city residents and county residents, who could formulate an equitable
split of the revenues derived from a gas tax.
Commissioner Anderson asked how much revenue the City would realize from a two-cent
gas tax. Commissioner Vant Hull noted that the Transportation Study suggests that Bozeman
should realize around $450,000.00.
Commissioner Anderson asked how much salt the City is currently using and how much
the State is using. Director of Public Service Dick Holmes indicated the City is salting
approximately 15 lane miles; and the State is salting approximately 28 lane miles. I n addition,
the University is salting approximately 3 lane miles.
Commissioner Anderson indicated support for Commissioner Jordan's proposal, but she
noted that the City is not the only entity involved. She also noted the electorate should be
aware of any legal responsibilities involved. I
Commissioner Mathre asked who would monitor the intersections at which the three
treatments were used if the study were conducted. Commissioner Jordan indicated the City
would, through the Street Division and the Police Department accident reports. The Com-
missioner then noted that people safety must be considered first, then vehicle safety (from
rust) if it appears that the various alternatives are basically equal in effectiveness.
Commissioner Mathre noted the City is responsible for the public health, safety and
welfare and indicated she is concerned about providing less public safety than we know how to.
She asked what responsibility the City might assume for the additional accidents which may
happen as a result of conducting a study using different alternatives.
Commissioner Jordan asked if there is any time that the City does not use salt during
the winter months. Di rector of Public Service Holmes indicated that salt has not been used
during the past week or so because salt is not effective during cold weather.
Commissioner Mathre noted the City has years of experience in this area and knows
under what circumstances salting should be done. She then suggested that the Commission ask
legal counsel about any responsibilities the City may assume during any experimentation or
change in the handling of snow and ice.
Mayor Weaver asked how long the City has been using salt on the City streets and whether
the amount used has decreased. The Director of Public Service indicated that the City has used
salt during the past thirty years; and the amount of salt used now is about one-half that used
during the first few years. He noted the amount used now varies between 50 and 75 tons per
year. I
The Mayor expressed concern about substituting thirty years of experience with the Commis-
sion's judgment based on a test. He further expressed concern that such tests could result in
a strong case for somebody's claim of injury.
Mr. Pete Ault indicated that he has worked for the past thirty years as a chemist and
chemical engineer. He noted that many communities located within the snow belt have conducted
studies and suggested that the City conduct a study of the resources available rather than doing
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463
its own study, possibly utilizing a graduate student. He suggested the study could list the
best five alternatives that work and a few that don't.
Director of Public Service Dick Holmes noted that trade magazines carry various informa-
tion; and he has been in contact with Bjorksten Research, a research company in Wisconsin,
and the State of Iowa on different occasions to discuss the use of salt substitutes as well as
other alternatives.
I Mr. Ralph Zimmer expressed concern that a study conducted on selected intersections in
Bozeman may not take all variables into consideration and therefore may not be accurate. He
further noted that a study must be conducted over an extended period of time to provide
accuracy, suggesting that a study might be of locally limited validity.
Mr. Bob Woodburn indicated that he is a car collector and has lived in Bozeman since
1970. He noted that salt is currently used at the intersections, with little used in between.
He indicated that practice allows cars to stop where legally required, but should an emergency
arise in mid-block, a driver could have a problem stopping. He suggested that gravel be used
on Main Street if necessary but that snow removal be done in residential areas only when needed.
Commissioner Jordan asked if the City's liability would be greatly increased if an area or
intersections were designated as a test site. The City Attorney indicated she will need to
research that item.
Mayor Weaver requested that this item be placed on the agenda in two weeks for further
discussion. The Commission requested that the City Attorney review the liability question; and
Commissioner Vant Hull asked the staff to check on the costs of contracting out the snow removal.
S rea k - 4: 55 to 5: lOp. m .
Mayor Weaver declared a break from 4:55 p.m. to 5:10 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Discussion - possible joint meetin s between City, County and School District, particularly re
upcoming on Issues
I
City Manager Wysocki noted this item was placed on the agenda as a result of Commissioner
Jordan's suggestion at last week's meeting.
Commissioner Jordan reminded the Commission of the recent increase in taxes in Billings
due to new bond issues and an annexation. He noted that the taxes on a $60,000.00 home in
Billings increased from $170.00 to $550.00 in one year; and he feels that problem should be
avoided in Bozeman if at all possible. The Commissioner suggested that long-range planning
through semi-annual formal meetings between the City, County and School District might help in
planning as well as keeping the public informed.
City Manager Wysocki indicated that the interagency breakfasts currently provide for
that type of discussion. He noted those meetings are open to the press and the public, although
they are informal and no minutes are kept. He then expressed concern that semi-annual meetings
might result in duplication of the existing breakfast meetings.
Mayor Weaver noted that the interagency breakfasts are basically for the administrators;
and the City Commissioners are the only others who have indicated a desire to attend.
Commissioner Mathre noted that Superintendent of Schools Chambers recently indicated
the possibility of a bond issue for renovation of the Wi IIson School auditorium. She noted that
items for thought are often brought up at these meetings in an informal manner.
Commissioner Anderson stated support for Commissioner Jordan IS suggestion. She indicated
that she feels items such as bond issues should be discussed in an open advertised meeting at
which minutes are kept.
I Commissioner Vant Hull suggested the possibi Iity of quarterly meetings, noting other
common items of interest, such as air quality, landfill and fire protection.
Mayor Weaver noted that the City Manager indicated the possibility of a General Obliga-
tion bond issue for the City at one of the interagency breakfasts about ten months ago, so the
other entities were aware of the possible additional mill levy for the City. He then reminded
the Commissioners that the City Manager is responsible for administrative items; and the Commis-
sion must be careful not to interfere with that process.
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461~
Mayor Weaver then asked Commissioner Jordan if he would draft a letter to the other
bodies, asking for their input, to be reviewed by the City Manager and then submitted the the
Commission for review and possible action.
City Manager Wysocki noted that the next interagency breakfast will be held on
Wednesday, December 11, 1985.
Discussion - ratification of letter to the State Workers' Compensation Division withdrawing from I
said program
City Manager Wysocki stated review of the State Statutes indicates that no letter of in-
tention to withdraw is necessary; therefore, he has not written the letter. He noted it would
be a courtesy to send a letter indicating the City's intention to withdraw; and he will write
such a letter if the Commission decides to join the League program. He then indicated he has
just been informed that the State does not intend to raise its rates for Workers' Compensation
as of January 1, rather than implementing the 7i percent increase previously rumored.
The City Manager then reminded the Commission that the proposal being developed by
the Board of Trustees for the I nsurance Trust of the Montana League of Cities and Towns is
based on 95 percent of the existing State rates. He noted the next Board meeting will be held
on Wednesday, at which time he intends to gather additional information prior to submitting a
recommendation to the Commission. He noted that the City of Bozeman's modification factor is
low under the State program; and if the premiums under the League program do not consider
that item, it may be better to remain under the State program.
Commissioner Jordan noted that State Workers' Compensation program currently has a sizable
deficit balance, possibly close to $40 million. He noted that deficit position cannot be main-
tained; and it may be in the City's best interests to change programs if it appears the rates
will be increased dramatically to cover those deficits in the near future.
18.52.140,
City Manager Wysocki presented Ordinance No. 1192, as prepared by the City Attorney, I
entitled:
ORDINANCE NO. 1192
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE BY
ADDING SECTION 18.04.055 AND REVISING SECTIONS 18.10.020 AND
18.52. 140.
City Manager Wysocki reminded the Commission that they had provisionally adopted this
Ordinance two weeks ago. He then recommended that Ordinance No. 1192 be finally adopted at
this time.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com-
mission finally adopt Ordinance No. 1192, amending Sections 18.04.055,18.10.020 and 18.52.140,
Bozeman Municipal Code, to provide a definition for bars; to allow restaurants serving alcoholic
beverages as a conditional use in the B-1, B-2 and B-3 Zones; and to allow single-family mobile
homes as a permitted use in the AS Zone. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commis-
sioner Vant Hull and Mayor Weaver; those voting No, none.
Review of summaries of evaluations for City Manager and Clerk of the Commission
Mayor Weaver noted that the evaluations of the City Manager and the Clerk of the Commis- I
sion have been completed and given to those individuals. He then asked if there is any need
for further action, suggesting the possibility of a summary letter to the City Manager signed by
all Commissioners.
The Commissioners indicated an interest in following the written evaluations with personal
comments or letters if they so desire, in addition to any summary letter.
Mayor Weaver stated he will draft a letter for Commission review.
The Mayor then noted that this evaluation process provides feedback to the City Manager;
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but it is also used to provide a basis for adjustment of the City Manager's salary for the next
year. He noted that item should be considered very shortly if there is to be an adjustment in
compensation effective in January 1986. The Commission concurred; and the Mayor requested
that copies of the existing Salary Ordinance and the Employment Agreement be included in the
packets for next week's meeting.
The Mayor then asked if any further action is required on the evaluation for the Clerk
I of the Commission; and the Commissioners concurred that no further action is needed at this
time.
Commissioner Anderson expressed concern with the evaluation form for the Clerk of the
Commission and suggested that it be reviewed prior to the next evaluation process.
Authorize absence of Commissioner Jordan - December 9, 1985
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the absence
of Commissioner Jordan from the meeting of December 9, 1985 be authorized 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 Mathre, Commissioner Vant Hull, Commissioner
Anderson and Mayor Weaver; those voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) Commissioner Mathre announced that the Bozeman Local Government Study Commission
will conduct a public hearing on Wednesday, December 4, 1985, at 7:30 p.m. in the Commission
Room; and she urged the Commissioners to attend if possible.
Mike Ward indicated that the Gallatin County Study Commission will conduct its public
hearing in Manhattan at 7:30 p.m. on Thursday; and the Belgrade Local Government Study Commis-
sion will conduct its public hearing on Tuesday evening. He suggested that anyone interested
I may wish to attend those public hearings as well.
(2) Commissioner Anderson reminded the Commissioners that Dick Poh(ls class at the
University will give a presentation on its project, entitled East Bozeman Recreational Oppor-
tunities, on Thursday evening.
(3) The City Manager noted that Commissioner Vant Hull had included a copy of the
latest garbage collection charges for Opportunity, Washington, in the packets.
Consent Items
Claims
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com-
mission 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, Commis-
sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none.
Recess - 5:55 p.m.
I Mayor Weaver declared a recess at 5: 55 p. m., to rec'onvene at 7: 00 p. m., for the pu rpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
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West
This was the time and place set for the pUblic hearing on the Conditional Use Permit re-
quested by Delta Gamma Sorority, Quad F, to allow a women's sorority on Lots 7, 8, 9 and 10,
Jollife Rearrangement of Block 15, Capitol Hill Addition. The site is more commonly located at
405 West Cleveland Street.
City Manager Wysocki stated the public hearing before the Zoning Commission was con- I
tinued at the applicant's request. He then recommended that the Commission open and continue
this public hearing until a recommendation is received from the Zoning Commission.
Mayor Weaver opened and continued the public hearing until a recommendation is received
from the Zoning Commission.
Hi hland Medical Park Owners'
8.5 . 1 00 and add ection
townhouse regulations and to add
This was the time and place set for the public hearing on four Zone Code Amendments
requested by the Planning Staff and Highland Medical Park Owners' Association, amending Sections
18.56.020(C), 18.56.030(D) and 18.56.100(B) and adding Section 18.57 to the Bozeman Municipal
Code. These Zone Code Amendments will amend the residential townhouse regulations and will
add clustered lot development regulations.
Mayor Weaver opened the public hearing.
Assistant Planner Marcia Elkins presented the Staff Report. She noted these four Zone
Code Amendments affect two different portions of the Zone Code and indicated she would review
those portions separately.
The Assistant Planner indicated that the first three amendments affect the existing
residential townhouse regulations. She noted that these would allow townhouses in the R-l,
Residential--Single-family--Low density; R-2, Residential--Single-family--Medium density; and I
R-2-A, Residential--Single-family--Medium-density, Districts, which is not presently allowed
although multi-family units, apartments and condominiums are allowed through the Planned Unit
Development process. She stated that the townhouse developments would be required to comply
with the densities allowed in the various districts; and the townhouse portion of the Zone Code
would provide additional protections.
Assistant Planner Elkins then indicated the fourth amendment adds Chapter 18.57, which
provides for clustered lot developments. She noted the chapter is an adaptation of the resi-
dential townhouse portion of the Zone Code for commercial townhouse developments. She noted
an application from the Highland Medical Park Owners. Association has provided for this review;
however, the chapter has been developed for all commercial townhouse developments in general.
She then briefly reviewed the various sections of the new chapter.
The Assistant Planner stated that the Zoning Commission reviewed these four proposed
Zone Code Amendments and recommended approval with one minor revision to Section 18.57.
Commissioner Mathre asked how commercial townhouse development would be accomplished
at this time. Assistant Planner Elkins indicated that the Zone Code does not currently allow
common spaces or common walls in commercial developments at this time, except as condominium
units.
Commissioner Mathre asked if there is a need for or an interest in this type of develop-
ment. The Assistant Planner stated there is an interest in it.
Commissioner Mathre then asked about the courtyards and how they are to be designed.
Assistant Planner Marcia Elkins stated that the courtyards would be found between two rows of I
structures; and they would contain central pedestrian ways between the buildings and provide
access for emergency vehicles. She stated the courtyards must be an average of 15 feet wide,
but a minimum of 10 feet wide to allow for the emergency vehicles.
No one was present to speak in support of or in opposition to the four Zone Code Amend-
ments.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
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467
This was the time and place set for the public hearing on the Master Plan Amendment
requested by Jerry Perkins to change the presently designated Medium-density Residential
District to include a Light Industrial District and a General Highway Commercial District on
I Tracts 2 and 3 of Certificate of Surv~y No. 1215, located in Section 1, Township 2 South,
Range 5 East, Montana Principal Meridian. The subject 65. 2572-acre tract is bounded on the
north by Baxter Lane, on the east by North Eleventh Avenue extended, on the south by West
Oak Street extended and on the west by North Seventeenth Avenue extended.
Mayor Weaver opened the public hearing.
Assistant Planner Marcia Elkins presented the Staff Report. She noted that this subject
65.2572-acre tract is a portion of the annexation request submitted by Tschache, Saccoccia and
Perkins, which will be submitted to the Commission for review and action in the near future.
She then noted the requested Master Plan Amendment would provide a 13. 7-acre Light Industrial
District in the northeast corner and an 11. 8-acre General Highway Commercial District in the
southeast corner of the subject parcel. She reminded the Commission that a Master Plan Amend-
ment for this site was previously submitted, which would have provided a 14. 3-acre Light
Industrial District and a 15. 4-acre General Highway Commercial District; but that application
was withdrawn and the new application was submitted.
The Assistant Planner stated one of the major issues involved in this application is the
relocation of Baxter Lane, which would alleviate the problems at the existing intersection of
North 7th Avenue and Baxter Lane. With that relocation, Baxter Lane would still serve as a
buffer between the residential designation and the light industrial designation. Assistant
Planner Elkins noted another item of major concern was the increase in commercial area which
this Master Plan Amendment would provide, particularly since it would extend from the North
7th Avenue corridor westward along West Oak Street.
I The Assistant Planner indicated there are some trade-offs to be considered on this
appl ication. She noted the applicant has indicated a willingness to dedicate 80 feet of
right-of-way for the alignment of West Oak Street; and usually a 50-foot right-of-way is
required.
Assistant Planner Elkins then stated the City-County Planning Board considered this item
at its meeting held in November. They determined that there was no mistake or oversight in
the original Master Plan; there have been no changes in the community; and no additional infor-
mation has been submitted which would justify the requested change; therefore, they recommended
denial of the requested Master Plan Amendment.
Commissioner Vant Hull noted there seemed to be an indication at the Planning Board meet-
ing that there is not much M-l zoned property available. The Assistant Planner indicated there
is an interest in additional M-l zoned property, noting that some of the existing M-l zoned
property has development constraints such as services and utilities.
Commissioner Vant Hull then asked if land costs are considered in determining availa-
bility. Assistant Planner Elkins stated land costs are not considered by the Planning Staff in
determining availability.
Mr. Paul Kinshella, engineer with Sanderson, Stewart and Gaston, indicated that he is
representing the applicant, Mr. Perkins. He noted that Mr. Perkins is interested in relocating
his bus business to this site, in the area to be designated as Light Industrial. He noted the
proposed realignment of Baxter Lane would provide good access to the site; and the lay-out of
interior roadways and a limited number of intersections with off-site streets will provide better
I control of the traffic generated by development of this parcel. Mr. Kinchella noted under this
proposed Master Plan Amendment, the zoning in the Light Industrial area would be M-l; the
General Highway Business would be B-2; and the Medium-density Residential would be R-O, R-3
and R-4. He noted the realigned Baxter Lane would provide a buffer between the industrial
and residential; and R-O would be used as a buffer between the commercial and residential
areas.
Mr. Kinshella then indicated" that the Farmers' Canal runs through the northwest corner
of the parcel; and a park area and R-O zoning are being considered in that area. He then noted
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468.
that the northeast corner of the parcel, which is under consideration at this time, has high
groundwater which sometimes settles on the surface.
Paul Kinshella stated the applicant has indicated a willingness to dedicate an 80-foot
right-of-way along his parcel for the tlxtension of West Oak Street and a 65-foot right-of-way
through his parcel for the realignment of Baxter Lane.
Commissioner Vant Hull asked if dedication of the 80-foot right-of-way along the subject
parcel will be helpful, since other properties lie between this one and the extension of North I
19th A venue. Paul Kinshella stated that the parcel lying west of the subject parcel is also
included in the annexation request which will be considered by the Commission in the near
future; and an 80-foot right-of-way is proposed along the entire frontage.
Commissioner Vant Hull then asked about the usability of existing B-2 zoned property.
The Assistant Planner stated that most of the B-2 lots available are located behind existing
businesses fronting on North 7th Avenue, which limits viSibility; and there are no roads to
many of those lots. She then indicated the Planning Board expressed a concern about extending
the commercial designation along West Oak Street, noting it now runs about one-quarter mile
along that roadway and this proposal would add another one-eighth mile' of commercial develop-
ment.
Commissioner Anderson asked if there are any criteria on which to base a decision for a
Master Plan Amendment. Assistant Planner Elkins stated the Planning Board considered three
items: (1) mistake or oversight in the original Master Plan; (2) changes in the community; and
(3) additional information submitted which would justify the requested change. She indicated
that on this item, the Planning Board felt that the new Master Plan is a valid document and
based its decision on the three criteria listed. She then noted the Planning Staff has been
directed to draft criteria prior to next month's Planning Board meeting.
Commissioner Mathre noted one of the items discussed at the Planning Board meeting was
the groundwater and accompanying problems, and the fact that residential development might be
more appropriate than light industrial. Assistant Planner Marcia Elkins stated the northeast
corner of the subject parcel has high groundwater and sometimes water stands on the site. She I
noted this is different from sheet flooding; and with high groundwater, often low-density
residential is more suitable than light industrial. She noted that residential development can be
clustered to avoid some of the major problem areas; and the smaller structures are much easier
to stabi I ize than the larger structures.
Commissioner Mathre then noted that residential development on this parcel could create
an impact on the intersection of Baxter Lane and North 7th Avenue. She further noted that
the proposed relocation of Baxter Lane is not exclusive to this proposed development, but could
be utilized for residential development as well. The Commissioner then stated she does not feel
the northeast corner of this parcel is suitable for residential development because of its
proximity to the interstate; and light industrial might be a more appropriate type of develop-
ment.
Commissioner Vant Hull asked if the subject parcel is located within the service area.
The Assistant Planner stated it is within the sewer service area, but not the water service area.
Mr. Jim Brown, real estate agent for the applicant, addressed the availability and cost
of commercial property. He noted that the asking price for undeveloped parcels is $25,000.00
to $35,000.00 per acre, often selling for $15,000.00 to $25,000.00 per acre. He indicated the
asking price for developed parcels (with water, sewer and roadways available) is from $80,000.00
to $100,000.00 per acre. Mr. Brown stated he feels there is a market for additional M-l and
B-2 zoned properties within the city. He then stated the proposed Master Plan Amendment provides
for more appropriate development in the area, because residential areas would be located along
the interstate and an arterial under the existing land use designation. He noted those are not I
desirable locations for residential development because of the noise from the large traffic
volumes and concern for the safety of children along the busy roadways.
Commissioner Vant Hull noted that R-O and R-4 zoning are proposed along West Oak Street
west of the B-2 zoning. Mr. Brown indicated that zoning has been negotiated with City staff,
although the applicant would have preferred B-2 zoning along the entire distance.
Assistant Planner Elkins indicated that to allow B-2 zoning along all arterials would
create strip development which would be inappropriate for the community. She stated that
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469
residential uses backing onto arterials do not create problems, noting that situations like that
existing along North 19th Avenue should be avoided.
City Manager Wysocki noted it is difficult to separate this request from the annexation
process. He stated the dedication of the 80-foot right-of-way for West Oak Street has been
discussed; but the City has no assurances that wi II be done. He also noted the realignment of
Baxter Lane has been proposed; but there are no assurances for that item at this time either,
I since the dedication of rights-of-way is done during the annexation process.
The City Manager then concurred that residential development may not be appropriate
along the interstate, noting that M-l and M-2 zoning are located along the interstate corridor
within the city limits. He also noted that realignment of Baxter Lane would provide a buffer
between light industrial and residential uses; and it may be more difficult to obtain that
realignment if residential development were located on both sides of the roadway. The City
Manager then stated under the proposed General Highway Commercial designation, limited access
would be provided onto West Oak Street, which would be beneficial.
City Manager Wysocki then suggested the Commission may wish to table a decision on this
Master Plan Amendment until after the annexation process has been completed.
Mr. Jerry Perkins, applicant, stated he and his wife own the subject parcel; and they
have committed themselves to dedicating the rights-of-way for the realigned Baxter Lane and
West Oak Street, although there is no legal document at this time.
No one was present to speak in opposition to the requested Master Plan Amendment.
Mayor Weaver closed the public hearing. A decision will be forthcoming within the next
two weeks.
B rea k - 8: 1 0 to 8: 20 p. m .
Mayor Weaver declared a break from 8:10 p.m. to 8:20 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
I Public hearin - Ordinance No. - Tentative Capital Improvement Pro ram Appropriation
rdmance
This was the time and place set for the public hearing on the Tentative Capital Improve-
ment Program Appropriation Ordinance, as reviewed by the City Attorney, entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EX-
PENDITURES FOR THE PERIOD JULY 1, 1985 THROUGH JUNE 30, 1986.
Mayor Weaver opened the public hearing.
City Manager Wysocki noted that the projects contained within this Ordinance are for
General Fund activities only; and no capital projects are anticipated in the Water, Sewer or
Garbage Funds at this time. He then noted that under Section 1, the Rebudgeted Projects are
those projects which have been included in previous ordinances, but they expired prior to
completion of the projects. He stated that all of those items have now been completed except
the Bogert well, which will be rebid during this fiscal year.
The City Manager then indicated that if any project exceeds the budgeted amount, he is
to submit it to the Commission with a funding source for the overage. He stated the re-
surfacing of the tennis courts was completed under one contract; and the break-out on those
costs shows that the South Side tennis court cost $200.00 more than budgeted whi Ie the Bogert
tennis court cost $1,000.00 less.
City Manager Wysocki then briefly reviewed the projects contained under the New Projects,
I which total $125,875.00. He noted most of the items have been requested in prior years, but a
few are new. The new items include rescue ropes and equipment as well as radio updating for
the Fire Division; and one-half of those costs will be reimbursed by Montana State University.
Also, the hazardous materials van equipment is a new project; and $4,000.00 of those costs will
be reimbursed by the County. The radio and telephone recording system for the Police Division
has been previously discussed; and the amount budgeted is much lower than was originally
anticipated. The City Manager then indicated the last new project is a tape drive for the IBM
System/38 computer.
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470
Director of Finance Gamradt indicated the tape drive for the computer will allow for
back-up of operating system prog rams and data fi les, with the tape to be stored off-site. He
indicated the costs of a hard disk, which would accomplish the same thing, would be about
$35,000.00. He noted the two primary purposes for purchase of a tape drive are for back-up
and storage capabilities.
Mayor Weaver noted one of the items in the Management Letter recently submitted by
Coopers and Lybrand indicates the need for a back-up system for the computer, with off-site I
storage.
Mayor Weaver stated one of the items listed in the New Projects is a tractor /loader. He
then asked if it would be possible to put a rotary brush on the front of the tractor to provide
for removal of snow from the sidewalks for which the City is responsible, as the University
does.
Commissioner Vant Hull asked about the funding source the County will use for its portion
of the hazardous materials van equipment. She expressed concern that if General Fund monies
are used, City residents wi II be paying twice for that equipment. The City Manager indicated
he is not certain what funding source the County is using. He also noted this is the first year
of a five-year project.
City Manager Wysocki then noted this Ordinance provides for reserves for capital replace-
ment and long-term roadway improvements as well as an undesignated reserve for future capital
projects.
No one was present to speak in support of or in opposition to the Tentative Capital
Improvement Program Appropriation Ordinance.
Mayor Weaver closed the public hearing. Final adoption of this Ordinance will be
considered in two weeks.
Public hearing - Ordinance No. - Tentative Enerqy Conservation Capital Improvement
Program Appropriation Ordinance
This was the time and place set for the public hearing on the Tentative Energy Con- I
servation Capital Improvement Program Appropriation Ordinance, as reviewed by the City
Attorney, entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS ENERGY CONSER-
VATION CAPITAL IMPROVEMENT PROJECT ITEM EXPENDITURES FOR FISCAL
YEAR 1986.
Mayor Weaver opened the public hearing.
City Manager Wysocki indicated that Assistant City Manager Barrick has dealt with this
item.
Assistant City Manager Barrick noted that attached to the Ordinance in this week's packet
are copies of the minutes from the meetings of July 1, 1985 and July 15, 1985, at which times
the projects to be included in the Energy Conservation Capital Improvement Program were dis-
cussed and determined. He indicated that this Ordinance should have been brought back
immediately after that determination but was not. He then noted the Ci ty had $30,000.00 in
monies appropriated but not expended for Gas and Electric Services for Fiscal Year 1985 which
have been reallocated to the Energy Conservation C I P. The Assistant City Manager then noted
that many of these projects have been completed.
Commissioner Vant Hull asked about the SSOR lighting system. The Assistant City Manager
indicated that he has not yet received the energy figures for Van's IGA to determine whether
the City should install the system. He stated if he finds that installation of the system would I
be cost effective, he will submit the item to the Commission for consideration.
Commissioner Vant Hull then asked if energy conservation projects for the Swim Center
have been considered. Assistant City Manager Barrick indicated they have been, but the costs
for those items are extremely high. The Commissioner then suggested the City may wish to place
monies in a. reserve until there are adequate funds to complete some of those projects through
this program.
No one was present to speak in support of or in opposition to the Tentative Energy
Conservation Capital Improvement Program Appropriation Ordinance.
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471
Mayor Weaver closed the public hearing. Final adoption of this Ordinance will be
considered in two weeks.
Adjournment - 8:40 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned.
I The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver;
those voti,ng No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
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