Loading...
HomeMy WebLinkAbout1984-02-06 030 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 6, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 6, 1984, 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 prayer by Commissioner Mathre. The minutes of the regular meeting of January 30, 1984 were approved as corrected. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5, 1983; and the special meeting of November 26, 1983 was deferred unti I a later date. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Vant Hull requested that the letter from HUD regarding UDAG eligibility be removed for discussion. Mayor Weaver welcomed City Manager Jim Wysocki to the government and community of Bozeman and stated he looks forward to a professional relationship with the executive branch of the government. Award bids - boom truck for Street and Park Divisions; authorize Mayor to sign budget amend- ment to transfer $2,670.00 from fire and Streets CIP to Park CIP This was the time and place set to award the bid for the truck and mounted aerial personnel platform (boom truck) for the Street and Park Divisions. City Manager Wysocki stated the Commission had adopted Ordinance No. 1146, appro- I priating funds for the Capital Improvement Program, including $45,000.00 in Federal Revenue Sharing Fund monies for purchase of a boom truck. The bids for the boom truck were higher than the appropriated amount; and he noted the staff has submitted a proposed Budget Amendment to transfer $2,281.00 from the Federal Revenue Sharing Fund monies appropriated to the Fire Division and $389.00 from the All-Purpose General Fund monies appropriated to the Streets Division due to savings in the purchase of capital items in those divisions. The City Manager stated the transfer would cover the $2,670.00 difference between the amount allocated and the low bid received. City Manager Wysocki then recommended that the Commission award the bid for a truck and mounted personnel platform (boom truck) for the Street and Park Divisions to H-C-L Equipment, Inc., Billings, Montana, in the net bid amount of $47,670.00; and authorize the Mayor to sign the Budget Amendment to transfer the monies to cover the costs. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bid for the truck and mounted personnel platform (boom truck) for the Street and Park Divisions be awarded to H-C-L Equipment, Inc., Billings, Montana, in the net bid amount of $47,670.00, it being the lowest and best bid; and the Mayor be authorized and directed to sign the Budget Amendment to transfer $2,281.00 from the Fi re Division C I P and $389.00 from the Streets Division CIP to the Parks Division CIP to support the purchase. 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. Discussion - Condition No. 1 on Preliminary Plat for Story Hills Subdivision No. 1 I City Manager Wysocki presented to the Commission the proposed Agreement for Off-Site Improvements, as submitted by the developers. The City Manager also noted the County Commis- sioners have submitted a letter indicating the improvement of L Street and the bridge across Rocky Creek are not on their priority list. Mr. Mike Nash, Attorney for the developers, stated the proposal submitted has basically two thrusts: (1) the developers will replace the bridge on L Street and will re-engineer the 02-06-84 U31 intersection of Big Gulch Road, L Street and Story Mill Road; and (2) the developers will parti- cipate in any meaningful way with city, county, state and/or federal governments in improvement of Story Mill Road and L Street. Mr. Nash stated the proposed agreement also provides that the developer will commit one percent of the building valuation of each residence to improvement of the off-site roads, with said monies to be placed in an account controlled by the County or I whoever is designated, to be used as discretionary road monies. He further stated the developers also waive the right to protest any lawful Special Improvement District in which they would become involved. Mr. Nash also stated the estimated cost of replacing the existing bridge in L Street is $50,000.00, which the developer has indicated he will provide prior to development of Story Hills. Commissioner Vant Hull asked how much revenue would be created by committing one percent of the building valuation of each residence for off-site road improvements. Mr. Nash stated the developers anticipate the average residence will be valued at $100,000.00. He noted when Story Hills is fully developed, 900 residences could be located within the development. Mr. Nash then stated the developers have based the estimated reve- nues on 360 residences. Mayor Weaver asked what limitations the Commission faces in making a decision on this Preliminary Plat request. City Attorney Crumbaker-Smith stated the developers have agreed to a four-week extension to the sixty-day limitation for reaching a decision on the Preliminary Plat. That extension expires on this date; and the Commission must reach a decision. The City Attorney also stated the basis for the decision is whether it is in the public interest to approve the proposed Preliminary Plat. Commissioner Jordan expressed reservations about the proposed agreement. He noted the agreement appears to place the basic responsibility for improvement of the off-site roads on the City rather than the developers. I Mayor Weaver noted the County has indicated improvement of L Street and Story Mill Road is not on its I ist of priorities. He also noted these roads are not listed as priorities for FAU funding. The Mayor also stated he does not believe the proposed agreement submitted by the developers provides adequate funding for improving the off-site roads to a standard that wi II provide safe and reasonably convenient access to the Story Hills development, especially with the projected traffic statistics. Mayor Weaver stated he feels it is contrary to the public interest to approve the Preliminary Plat. Commissioner Anderson stated concern about the effects the proposed development would have on the public health and safety and stated she feels that issue has not been adequately add res sed . Commissioner Mathre stated the only items assured in the proposed agreement are the replacement of the one-lane bridge on L Street and the redesign of the intersection of Big Gulch Road, L Street and Story Mill Road. She also noted the implication for financing of the off-site road improvements is through the SI D process, and she questions whether the City has jurisdiction of such improvements since the streets involved lie in both the City and the County. Commissioner Vant Hull also expressed concern about the health, safety and welfare of the residents. She stated the streets providing access to Story Hills are inadequate for residents and for provision of services, such as pol ice and fi re. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the Preliminary Plat for Story Hills Subdivision No. 1 on the basis that it I would not be in the public interest due to the negative effect the subdivision would have on local services and the public health, safety and welfare; and the condition of the existing off-site roadways being insufficient to meet the needs of the proposed subdivision. 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. 02-06-84 032 Discussion - response to counter-proposal submitted by Bozeman Deaconess Foundation re Highland Boulevard City Manager Wysocki presented the response submitted by the Bozeman Deaconess Foundation regarding improvement of Highland Boulevard. He stated the response contains two alternatives. Alternative No. 1 is similar to the proposal initially submitted by the Bozeman Deaconess Foundation and includes: 1. Bozeman Deaconess Hospital proposed that the Switzler/ Highland Boulevard I be constructed as a two-lane facility from Main Street to the north boundary of the New Hyalite Subdivision, a distance of approximately 5,800 feet. The proposed roadway would consist of a roadway section, 34 feet in width, back of curb to back of curb, from the junction of Main Street to a point approximately 800 feet south at the north boundary of the City parkland. From this point, the roadway section would be 28 feet in width without curb and gutter and having a 4-foot gravel shoulder on each side of the proposed roadway. The proposed paving depths would be 6 inches of crushed base course, 3 inches of plant mix bituminous base, 3 inches of plant mix bituminous surfacing. Further, the design of such a road shall take into account minimizing the snow drifting problems. The estimated cost of this construction, including engineering fees, is $660,000.00. The cost estimate does not include fees that the City usually charges for SID's. 2. Bozeman Deaconess Foundation will dedicate to the City right-of-way suf- ficient for eventual expansion of the proposed, realigned Highland Boule- vard, from a two-lane street to a four-lane arterial. Bozeman Deaconess Foundation's approximate dedication for this total project would be 7.57 acres. 3. The Bozeman Deaconess Foundation will provide a borrow source, for con- struction of the roadway embankments, in the amount of approximately 20,000 CY. The borrow site will be located on Bozeman Deaconess Founda- tion property within one mile of the construction area. This contribution by the Foundation has been estimated to be in the amount of $50,000.00. 4. The City will agree to payment of $70,000.00 for restoration of lagoon sites on Bozeman Deaconess Foundation property in lieu of restoration of those sites. Bozeman Deaconess Hospital will utilize the $70,000.00 for payment of a portion of their liability in the project identified in Item No. 11. I 5. As a portion of the Hospital's share in this project, any fees charged by the City for their sponsorship of the Industrial Development Revenue Bonds would be applied directly against the Hospital's liabilities for the road identified in Item No. 11. 6. The City of Bozeman will dedicate sufficient right-of-way through City-owned property for the eventual expansion of the proposed, realigned Highland Boulevard, from a two-lane street to a four-lane arterial. The City's approximate dedication for this total project would be 3.90 acres. The Foundation will provide replacement land on an acre-for-acre basis for the City-owned cemetery/parkland which will be used for right-of-way in the proposed realignment. The amount of replacement land will be the difference between the right-of-way for the existing road and the right-of-way required for the proposed realignment and expansion. This replacement land wi II be located at the Sourdough Ridge area. 7. The City emphasizes its intent that all existing ordinances and resolutions are to remain effective. 8. The City will be open to future evaluations of its Federal Aid Urban pri- orities as currently listed with the intent being to adopt them to Bozeman's needs as much as is reasonably possible. 9. The above proposal is contingent upon the City.s acceptance of the terms within a time period that will allow for the construction of first two lanes of proposed Switzler Avenue in time for the scheduled opening of the Hospital in September 1985. Further, the offer is contingent upon the City's adoption of the long-range goal of constructing the proposed Switzler / Highland Boulevard to a four-lane arterial street section. 10. That in consideration of the amount of preparatory work involved with this I project that could be billed to Bozeman Deaconess Foundation, Thomas, Dean and Hoskins, Inc., be given the engineering work associated with this project. The rationale for this request is that the Hospital has engaged the firm of Thomas, Dean and Hoskins, Inc., as the civil engineer with the Hospital project. A great deal of preparatory work on this realignment has been performed by Thomas, Dean and Hoskins, Inc., In association with the project. If Thomas, Dean and Hoskins, Inc., is given the project as engineers, this preparatory work would be considered as preliminary engineering. 02-06-84 LJ33 11. In addition to the provisions outlined above, Bozeman Deaconess Foundation offers to participate in this project in the amount of up to $302,390.00. Furthermore, it pledges to work with the City staff to determine the most appropriate method for assigning the liabilities of these road construction costs. Alternative No. 2 offers the following: I Recognizing that the proposed Highland/Switzler realignment may exceed the resources available to accomplish at this time, the Hospital hereby offers an alternative with the recommendation that the Master Plan allow for the future relocation of Highland/Switzler as has been identified. 1. That access off existing Highland to the Hospital site as displayed on the attachment be deemed adequate to allow for the zoning change and Master Plan Amendment change to be authorized. This alternative allows for two entrances to the Hospital site. The major entrance allowing for turning lanes at Highland. This request is felt appropriate in that: -- Highland is judged temporarily adequate according to the City's Transportation Plan. -- Hospital traffic reduces projected DHV. -- It meets the financial resources of the Hospital. 2. That the fees for the sponsorship of the bonds be reconsidered and re- duced for this project as was discussed at the time of the adoption of the resolution and as is the practice at other major Montana cities. Mr. Doug Daniels, Thomas, Dean and Hoskins, Inc., stated the firm has been involved in preparation of the preliminary plans for construction of the new Hospital and indicated he would answer any questions on the roadway design as proposed. Commissioner Anderson stated Director of Public Works Holmes has submitted a memo indicating he feels the engineering firm should be retained through a request for proposals. I She stated concern that the Foundation has not addressed the competitive proposal process, but has requested that a specific firm be retained. Mr. Daniels stated the Hospital has retained Thomas, Dean and Hoskins, Inc., to com- plete the preliminary design. He stated if another firm were to be awarded the designing for the realignment of Highland Boulevard, much of the work would be repeated; and the Hospital would pay for the same services twice. Mayor Weaver asked who hires the engineering firm during the SID process. Commissioner Mathre stated in the past, the petitioner for an 5 I D recommends which engineering firm he wishes to retain for the project; and the Commission has usually approved that recommendation. Commissioner Anderson also noted the provision of a pedestrian and bicycle pathway has been discussed, but has not been addressed in the proposal. She asked if such an inclusion should be considered. Mr. Daniels stated the initial roadway design included curb and gutter and was wider than the present proposal. However, the cost was prohibitive; and the design was revised to fall within an affordable range for both the City and the Hospital. He stated the proposed 28-foot width with no curb and gutter and 4-foot gravel shoulders is compatible with eventual widening and installation of curb and gutter. Mr. Daniels stated the shoulder provides an area for bicyclists and pedestrians until the roadway is completed. Commissioner Vant Hull noted the response to the City's counter-proposal is not much different from the initial proposal submitted by the Bozeman Deaconess Foundation. She asked I if the Foundation would be willing to consider discussing the item with a City work committee in an attempt to resolve some of the existing problems. Mr. Ed Dahlberg, Administrator of Bozeman Deaconess Hospital, indicated hope that a meeting between members of the Bozeman Deaconess Foundation and City representatives could result in resolving the problems that exist when the proposals are submitted from one body to the other without discussion. Mr. Dahlberg noted both the Foundation and the City are faced with financial obligations and limitations that must be considered during this process. Commissioner Mathre indicated concern about the condition pertaining to FAU funding priorities. 02-06-84 034 Mr. Dahlberg stated the Foundation does not understand why the City has placed im- portance on maintaining the FAU priorities as established. He indicated they feel if the im- portance of items changes, the priorities should also be changed to meet the needs of the community. Mayor Weaver stated the Policy Coordinating Committee has reaffirmed the first two priorities for use of FAU funds. He stated no further priorities have been established at this time. The Mayor then stated the City cannot justify exceeding the linear footage apportionment I of costs for improvement of Highland Boulevard. Mr. Dahlberg suggested that several issues should be considered: (1) the response is submitted from the Foundation's standpoint and is based on the amount they can afford to spend on this item; (2) possible other alternatives for assessing the cost of improvements to Highland Boulevard; and (3) the Foundation contributions to construction of the roadway, i.e., right-of- way and borrow source for the roadway construction. Mayor Weaver suggested a committee be established, possibly consisting of the City Manager and whatever staff he desires and two Commissioners to meet with representatives of the Bozeman Deaconess Foundation and discuss possible alternatives for financing of the re- alignment of Highland Boulevard. The Commissioners concurred in the suggestion. Commissioner Jordan stated he feels the Commission, City Manager and staff members should meet prior to the proposed committee meeting with representatives of the Foundation to determine the City's position. Mr. AI Stiff questioned the proposed method for financing of the realignment of Highland Boulevard. He stated the residents of the community have indicated they do not want to partici- pate in paying for the road improvements. The former Mayor also noted it has been determined that one-quarter to one-third of the patients of the Hospital are Bozeman residents; and he feels the costs should be amortized to the patients rather than to the city residents. Mr. Stiff then stated if the City participates in the SI D, it will face an expenditure of approximately $400,000.00. He stated that amount will impact the Capital Improvement Program and should I possibly be considered during the CI P public hearing, which will be conducted in the evening session. Mr. Stiff then cautioned the Commission to look at the vulnerability of the Capital Improvement Program when considering potential expenditures of City funds. Commissioner Vant Hull asked Mr. Stiff about the possibility of asking the Foundation to donate land to the City to offset the costs of paying for the street improvements. Mr. Stiff stated when the issue was first raised, he had questioned the possibility of utilizing the old hospital to alleviate some of the low-income housing problems in Bozeman. He then stated the improvement of Highland Boulevard will enhance the Foundation property, and he feels a land donation could be considered if some need of the City can be met. Mayor Weaver stated if the City participates in an SI D, Gas Tax Fund monies will probably be appropriated to cover the costs. Mr. Stiff cautioned that Gas Tax Fund monies were utilized in the current budget to fund a portion of the Street Division operations. He noted that diversion of the Gas Tax Fund monies into the Capital Improvement Program will create a substantial increase in taxes to the taxpayers to maintain the current level of services. The Commission concurred that a meeting should be held with the staff prior to any negotiations. The meeting was set for 9: 00 a.m., Saturday, February 11, 1984, in the Commission Room. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion appoint a committee comprised of Mayor Weaver, Commissioner Vant Hull, City Manager Wysocki and necessary support staff to negotiate the Switzler Avenue/Highland Boulevard realignment I joint venture with representatives of the Bozeman Deaconess Foundation. 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. Break - 5:05 to 5:15 p.m. Mayor Weaver declared a break at 5:05 p.m., to reconvene at 5:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 02-06-84 u35 Update on air quality monitoring equipment Commissioner Anderson stated she had requested this item be placed on the agenda to allow Mr. Jim Heimbach an opportunity to update the Commission on the air quality monitoring activities. Mr. Jim Heimbach stated the citizens group which is gathering the air quality data is aware that Bozeman does not have the problems faced in Missoula, but they feel there could be I a slight problem that should be recognized. Mr. Heimbach then stated there are three total suspended particulate measuring devices in Bozeman. He indicated the two operated by the City-County Health Department are located on the Fire Department and the Whittier School, and the one located at Montana State University, which he operates on behalf of the citizens group. Mr. Heimbach stated the wind measuring equipment which Montana Power has loaned to the citizens group will be located on Traphagen Hall at Montana State University, and he will also monitor that equipment. He then stated the total suspended particulate is now being monitored every six days. If the charts indicate a potential problem, that testing may be increased, possibly to once every three days. Mr. Heimbach stated with the information gathered from the wind monitor- ing equipment, he will attempt to identify the periods during which the suspended particulate problems exist and attempt to identify the source of those problems. He then stated the ulti- mate goal of the citizens group is to develop a contingency plan for the City to fall back on if the air quality in Bozeman deteriorates. The Commission requested that quarterly reports be submitted; and Mayor Weaver requested that Commissioner Anderson coordinate those updates. Application for lOR Bonds - Montana Container Corporation City Manager Wysocki presented to the Commission an application for Industrial Develop- ment Revenue Bonds submitted by the Montana Container Corporation. The City Manager stated the Montana Container Corporation has requested that the City Commission consider issuance of I $450,000.00 in lOR bonds for construction of a new building to be located in the Gardnerl Simmental Plaza northwest of the city limits. He then indicated concern that the Montana Container Corporation has approached the City rather than the County for these bonds. Mr. Robert Boie, owner of Montana Container Corporation, stated the operation is currently located within the city limits, and many of the employees live in or near the city. He also stated the bond counsel and his local bank also suggested that he submit an application for I DR bonds to the City rather than to the County. City Manager Wysocki stated he is concerned about the possibility of the City approving an IDR bond issue for construction of a building within the County when the County Commission has not submitted any input or been approached with the request. He then suggested that in the future the City Commission and County Commission may wish to appoint a board which would consider all lOR bond issues and submit a recommendation to the appropriate governing body. Mayor Weaver suggested that the Commission acknowledge receipt of the application and direct staff to contact the County Commissioners prior to action by the City Commission. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion acknowledge receipt of the application for a $450,000.00 Industrial Development Revenue bond issue submitted by Montana Container Corporation and direct the staff to contact the County Commission concerning this application, with a staff recommendation to be submitted at next week's meeting. 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. I Staff recommendation on proposals for water and sewer rate studies City Manager Wysocki presented to the Commission the staff recommendation on the proposals for the water and sewer rate studies. He stated the staff has reviewed the eight proposals submitted and has recommended the top three in the following order: (1) CH2M-Hi1l/Kerin and Associates, (2) Brown and Caldwell, and (3) Morrison-Maierle. The City Manager then recommended that the Commission authorize and direct the staff to proceed with negotiations to engage CH2M-Hilll Kerin and Associates to conduct the water and sewer rate studies. 02-06-84 ___.__u___ U36 Commissioner Jordan stated support for the proposal submitted by Brown and Caldwell. He noted the cost of their proposal is lower than that submitted by CH2M-Hilll Kerin and Asso- ciates; and he feels the report they submitted concerning utility development fees (hook-up fees) and impact fees was well done. Mayor Weaver stated the Commission must determine if it wishes to accept the staff recommendation or select the consultant based on its own determination. The Mayor also cautioned the Commission that if it selects the consultant and then serves as the rate setting I body, it could be construed as a conflict of interest. Commissioner Vant Hull stated she has contacted all three consultants, and they have indicated policy making decisions must be made which may affect the rate structures proposed. She noted those policy decisions include whether water and sewer rates will be based on actual usage or if differentials for large or small users will be considered. Commissioner Anderson stated she feels the Commission should accept the staff recom- mendation and avoid any possible overlapping of roles. Commissioner Mathre noted City Manager Wysocki has not had an opportunity to review the proposals or talk to the staff about their recommendations. She stated she would like to defer action for a period of one week to provide the City Manager an opportunity to meet with the staff and review the recommendation. The Commission concurred in Commissioner Mathre's suggestion and deferred action for a period of one week. Appropriation of funds for Housing Consultant; authorize Mayor to sign Budget Amendment to transfer $7,500.00 from Unallocated Reserve to Contracted Services City Manager Wysocki presented to the Commission a memo from Director of Finance Swan and a Budget Amendment to transfer $7,500.00 from the General Fund -- Unallocated Reserve to the City Manager -- Contracted Services, Housing Consultant. The City Manager recommended the Commission authorize the Mayor to sign the Budget Amendment. I . It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appropriate $7,500.00 for hiring of a housing consultant for a six-month period; and authorize and di rect the Mayor to sign the Budget Amendment to transfer $7,500.00 from the General Fund -- Unallocated Reserve to the City Manager -- Contracted Services, Housing Consultant. 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. Staff report - Inventory of City-owned land City Manager Wysocki presented to the Commission an inventory of the City-owned land. He also indicated Director of Public Service Holmes has a color-coded map in his office designating all of the parcels of land listed in this inventory. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the inventory of City-owned land. 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. Staff recommendation - request to hook onto sewer trunk line in Kagy Boulevard - Jessie S. Wilber and Frances Senska, 2125 Sourdough Road City Manager Wysocki presented to the Commission the staff recommendation on the request to hook onto the sewer trunk line in Kagy Boulevard as submitted by Jessie S. Wilber and I Frances Senska, 2125 Sourdough Road. He noted Director of Public Service Holmes has talked to Ms. Senska and suggested the applicants talk to the contractor about stubbing a sewer service line under the paved portion of Kagy Boulevard so they can hook onto the sewer line after the property has been annexed. Ms. Senska has indicated she will talk to the contractor. The City Manager then stated the Director of Public Service has indicated he will follow up on this matter. The Commission acknowledged receipt of the staff recommendation. 02-06-84 U31 Report from Commissioner Jordan re streamlining of public hearing process City Manager Wysocki presented to the Commission a report submitted by Commissioner Jordan regarding possible methods for streamlining of the public hearing process. Commissioner Jordan noted the Commissioners had received the written report just before the Commission meeting. He requested that the Commissioners review the information and that I the report be discussed at next week's meeting. The Commission deferred discussion on the report for a period of one week. Discussion - goal setting process City Manager Wysocki noted the Commissioners have received a copy of the letter which was sent out, and a list of the organizations and individuals to whom the letter was sent. He also noted a proposed ballot has been included in the packet. Commissioner Mathre suggested if the Commissioners approve the ballot, that the ballots be placed in several public buildings throughout the community. Commissioner Vant Hull suggested that a line for an optional listing of the name and possibly telephone number be provided. The Commission approved the ballot, with the minor revision, to be placed in various public buildings in Bozeman. Application for renewal of Kennel License - Mrs. Dorothy Kenck, 1317 West Alderson City Manager Wysocki presented to the Commission an application, along with the appro- priate fee, for renewal of a Kennel License submitted by Mrs. Dorothy Kenck, 1317 West Alderson. The City Manager stated the Animal Control Officer has recommended approval of the renewal and concurred in that recommendation. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the application for renewal of Kennel License submitted by Mrs. Dorothy Kenck, 1317 West Alderson. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Ordinance No. 1151 - Zone Code Amendment - amendin Section 18.49.090 of the Bozeman MUnicipal ode, revising ee schedules City Manager Wysocki presented Ordinance No. 1151, as prepared by the City Attorney, entitled: ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.48.090 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR A REVISION TO THE FEE SCHEDULE FOR PERMITS, MAP CHANGES, VARIANCES AND OTHER PROCEDURES IN THE CITY OF BOZEMAN, MONTANA. The City Manager stated the Commission had provisionally adopted this Ordinance at its meeting of January 23, 1984 and recommended that the Commission finally adopt the Ordinance at this time. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1151, amending Section 18.48.090 of the Bozeman Municipal Code to provide for revision of the fee schedules. 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. I creati n SID No. 645 - sewer line alon y Boulevard to City Manager Wysocki presented Commission Resolution No. 2493, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2493 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS 02-06-84 038 SPECIAL IMPROVEMENT DISTRICT NO. 645 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTENANCES TO SERVE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCES, FROM A POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTERSECTION OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO SERVE PROPERTY LOCATED WITHIN GRAF'S SECOND SUBDIVISION AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. I THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. The City Manager stated the Commission conducted the public hearing on Commission Resolu- tion No. 2491, stating the City's intent to create Special Improvement District No. 645; and no protests to the SID were received. He noted the Commission also approved creation of said district and directed the staff to prepare the Commission Resolution which is currently before the Commission. City Manager Wysocki then recommended that the Commission adopt Commission Resolution No. 2493, creating SID No. 645. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion adopt Commission Resolution No. 2493, creating Special Improvement District No. 645, for installation of a sanitary sewer line along Kagy Boulevard to serve Graf's Second Subdivision. 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. Commission Resolution No. 2494 - authorizing bond sale for SID No. 645 City Manager Wysocki presented Commission Resolution No. 2494, entitled: COMMISSION RESOLUTION NO. 2494 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, AUTHORIZING AND DIRECTING THE ADVERTISEMENT AND SALE OF SPECIAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS FOR PAYMENT FOR WORK AND MATERIAL IN SPECIAL IMPROVEMENT DISTRICT NO. 645, FIXING THE NUMBER, DATE, DENOMINATION AND MATURITY OF SUCH BONDS, AND PRESCRIBING THE FORM THEREOF. The City Manager stated the Commission adopted the Commission Resolution creating said Special Improvement District No. 645 in the previous item. He stated this Commission Resolution authorizes the advertisement for the sale of bonds for the district and establishes March 12, 1984 as the bid opening date for said bonds. City Manager Wysocki then recommended that the Commission adopt Commission Resolution No. 2494. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2494, authorizing and directing the staff to proceed with advertisement of the bond sale for Special Improvement District No. 645 and setting the bid opening date for March 12, 1984. 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. Acknowledge receipt of letter re UDAG eligibility City Manager Wysocki stated Commissioner Vant Hull had requested this item be removed from the Consent Items. The City Manager noted the letter received from the Department of Housing and Urban Development indicates the City is eligible to apply for Urban Development Action Grant monies. I Commissioner Vant Hull stated she feels a note indicating the City's eligibility should be sent to the people who had requested UDAG funding for a specific project. Mayor Weaver suggested that rather than sending a letter from the City, a xerox copy of the letter from H U D be forwa rded to the developers. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the letter from the U. S. Department of Housing and Urban Development indicating the City is eligible to apply for Urban Development Action Grant monies. 02-06-84 LJ39 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FY I items I City Manager Wysocki stated the following items have been included as "For Your Infor- mation" items in this week's packet: (1) a news release stating the DNRC will conduct a public meeting on the transmission line from Ennis to the Jack Rabbit substation six miles west of Bozeman; (2) a calendar for local government review, as required by the Montana Constitution and Montana Code Annotated; (3) an informational copy of a memo from the President of Best Western Motels to the various motel owners; and (4) a memo from Mayor Weaver to the Commis- sioners re the Policy Coordinating Committee meeting held on February 2, 1984. Commissioner Mathre suggested that the study commission be comprised of five members. She also requested that a Commission Resolution be prepared and brought to the Commission for action at next week's meeting. City Manager Wysocki also stated Fire Chief Lee Lewis has been hospitalized; and the preliminary indication is that his physical problems may be stress related. for Special Counsel (for Cit - I meetin s ommlSSlon Claims It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson 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 purpose 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. Public hearing - Ordinance No. 1150 - Tentative CI P Appropriation Ordinance This was the time and place set for the public hearing on Ordinance No. 1150, the Tentative Capital Improvement Program Appropriation Ordinance, entitled: I ORDINANCE NO. 1150 TENTATIVE CIP APPROPRIATION ORDINANCE AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING ADDITIONAL FEDERAL REVENUE SHARING MONIES FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD OCTOBER 1, 1983 THROUGH SEPTEMBER 30, 1984. Mayor Weaver opened the public hearing. City Manager Wysocki presented to the Commission a petition, which was received just prior to the Commission meeting, signed by 52 residents of Darlinton Manor requesting that the 02-06-84 04U City extend the sidewalk along North Fifth Avenue from Durston Road to West Tamarack Street. He noted the requested sidewalk would run along the side of Westlake Park, which is City-owned property. Mr. AI Stiff stated he has carefully reviewed the Capital Improvement Program budget, as prepared by former City Manager John Evans. He then stated concern that entities other than the Commissioners are establishing the priorities for use of the C I Pfund. The former Mayor then cautioned the Commission to be careful how it determines to spend the scarce CI P I funds available. Mr. Stiff then indicated he feels the Commission must decide how it will cope with externally created items, such as funding of the realignment of Highland Boulevard and possible purchase of fire equipment to service the high rise units at Montana State University, prior to determining how to spend the existing C I P monies. Mrs. Maxine Penttila, 336 South Church Avenue, asked why removal of the railroad tracks at the intersection of South Church Avenue and East Story Street is listed in the Capital Improvement Program. Assistant City Manager Barrick gave a brief history on the removal of the Milwaukee Railroad tracks through Bozeman. He noted that A-K Railroad Salvage Company obtained the contract for removal of the railroad tracks and structures. In exchange for leaving the structures in place, the City agreed to remove the railroad tracks in the street rights-of-way. He also indicated there is a severe bump for northbound traffic as it crosses the railroad tracks; and that bump would also be removed. Mayor Weaver closed the public hearing. The Commissioners then reviewed each line item in Section 1 of the Tentative Capital Improvement Program Appropriation Ordinance as follows: (1) Employee Classification Plan -- City Manager -- $15,000.00 Mayor Weaver asked why this item is listed in the Capital Improvement Program, since it is not a fixed asset but would usually be considered an operating expense. City Manager Wysocki stated the estimated cost of the plan is substantial; and it appears I to best fall under capital improvements. He also noted the results of the expenditure could be utilized for quite an extended period of time, rather than on a short-term basis. The City Manager also stated items such as this one are best funded through the CI P rather than operations so the one-time cost does not affect the operations budgeting for future years. Commissioner Mathre stated Director of Finance Swan indicated she has talked to the auditors, and they feel this is an appropriate method for funding of the plan. City Manager Wysocki stated under this item, an outside firm or individual would review the existing jobs within the City; categorize those jobs; and develop a pay plan. The Commissioners indicated this item should remain in the CI P Appropriation Ordinance. (2) Cost Accounting Study -- Finance -- $10,000.00 The comments under the previous item also apply to this item. The City Manager also noted that the study would provide a basis for charging of administrative fees. (3) Mini-Van -- City Hall -- $10,000.00 Commissioner Vant Hull stated she feels the sidewalk along North Fifth Avenue and possible additional funding for the elevator at the Senior Citizen Center are more important than the purchase of a mini-van. She then suggested that reimbursing City employees for use of their private vehicles would not be as costly as purchase of a new vehicle. Commissioner Anderson stated she feels purchase of an additional vehicle for City Hall could be deferred. Commissioner Jordan noted one of the items listed in the City Manager's employment benefits is use of a City car for City business. He also noted only one vehicle is available for I all City Hall use and questioned if that is sufficient to meet usual City Manager and staff requirements. The Commissioners requested that the staff review this item to determine if purchase of a mini-van is necessary at this time. (4) Right-Turn Bay - 11th and Main -- Streets -- $20,000.00 Commissioner Vant Hull expressed surprise that the estimated cost of the right-turn bay is listed at $20,000.00, since the Transportation Plan has proposed striping for a right-turn bay at a cost of $2,250.00. 02-06-84 U41 The City Manager stated Director of Public Service Holmes has indicated the intersection is not wide enough to accommodate a right-turn lane. The proposed cost wilt aHow for widening of the pavement and proper installation of the right-turn bay. (5) Paving Parking Lot - Lamme and Rouse -- Library and Streets -- $20,000.00 I Commissioner Vant Hull expressed concern that the proposed parking lot might not include landscaping. She also indicated she feels the Library Board of Trustees should be allowed an opportunity to provide input on the parking lot. Assistant City Manager Barrick noted the setback requirements for the parking lot include a 25-foot setback from streets, which must be landscaped. Also, the 35-foot setback from stream banks must be observed when paving the parking lot. City Manager Wysocki stated the staff can work with the Library Board of Trustees on developing the parking lot. He also noted the landscaping might be minimal at the time the parking lot is installed; but additional landscaping can be completed as monies are available or donations are received. (6) Remove Railroad Track - Pave Church and Story Intersection -- Streets -- $10,000.00 Commissioner Vant Hull stated she does not feel removal of the railroad tracks is urgent. Commissioner Anderson stated she feels the bump created by the railroad tracks creates a dangerous intersection and that the rai Iroad tracks should be removed. The remainder of the Commissioners concurred in her statement. (7) Carnegie Building Improvements -- General Purpose Buildings -- $4,367.00 Commissioner Vant Hull noted many of the items listed under these improvements are also listed in the Centennial Catalog. . City Manager Wysocki stated if any of those items are donated, the City will be able to use the monies for other items in the Capital Improvement Program. I (8) Bogert Well -- Parks -- $3,700.00 Commissioner Vant Hull noted two separate wells have been listed in the Capital Improve- ment Program, one estimated at $3,700.00 and one estimated at $12,000.00. She asked about the proposed uses of the wells and the possibility of combining the wells. Assistant City Manager Barrick indicated one well is proposed for use in irrigating Bogert Park rather than using the City water supply. The other well would be used for inject- ing water into Bozeman Creek to combat the ice build-up. (9) Thermostat -- Swim Center -- $2,327.00 Commissioner Anderson indicated she feels this item could be expendable if other capital items are determined more important. Assistant City Manager Barrick noted these thermostats were I isted in the technical analysis for the Swim Center. He also noted the payback for the thermostats is slightly less than one year. (10) Street Sweeper -- Streets -- $65,000.00 No comments were made on this item. Commissioner Anderson stated she would like to know the estimated cost of installation of a sidewalk along the east side of North Fifth Avenue from the Darlinton Manor to West Tamarack A venue. She noted that this should possibly be added or substituted in the CI P Appropriation Ordinance. Commissioner Vant Hull stated she feels an automatic chlorine dispenser for the Bogert Pool is important and should be considered in the Capital Improvement Program funding at this I time, although it is low on the list of capital items. She noted projections indicate the payback on the dispenser is two years; and it will provide additional safety for the employees. Mayor Weaver requested that the staff prepare responses to the issues raised, to be sub- mitted to the Commission in two weeks. Break - 8:00 to 8:05 p.m. Mayor Weaver declared a five-minute break at 8:00 p.m., to reconvene at 8:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 02-06-84 U42 This was the time and place set for the public hearing on the Zone Map Change requested by Tom Brophy on behalf of the Kroh Brothers to change the present zoning of 8-2- T to R-O and B-2 for portions of Block 2 located in University Square Subdivision. This parcel is more commonly known as the tract of land lying between South 20th Avenue and South 23rd Avenue I at West Dickerson Street extended. The proposed Zone Map Change would change the zoning from B-2- T to R-O for Lots 1, 2 and 10, Block 2, and from B-2- T to B-2 for Lots 3, 4, 5, 6, 7, 8 and 9, Block 2, all in University Square Subdivision. Mayor Weaver opened the public hearing. Interim Planning Director Mike Money presented the Staff Report. He stated the proposed R-O zoning would border the R-4-T zoning to the south; and the B-2 zoning would lie close to the University Square Shopping Center. The I nterim Planning Director stated the Zoning Commis- sion has recommended approval of the proposed Zone Map Change. Commissioner Vant Hull asked if the requirement for installation of sidewalks should be incorporated into the Zone Code. Interim Planning Director Money stated the requirement for sidewalks is included in the subdivision regulations. He stated that inclusion of such a requirement in the Zone Map Change would result in conditional approval, which is not legally acceptable. He then indicated provi- sion for sidewal ks is most properly done when the property is developed. Mr. Mi ke Coi I, representing the appl icant, requested that the Commission approve the Zone Map Change. He summarized the following reasons for approval: (1) elimination of the "T" designation on the 8-2 designation, because the original reason was to protect single-family residences in the area where the University Square Mall is now located; (2) the "T" designation was to provide a buffer between commercial and residential, which will be created by the R-O designation on the border lots; and (3) access to the back lots is not good and would be more easily developed if the "T" designation were removed. Mr. Coil stated multi-family dwellings or I professional office buildings can be constructed in the R-O Zone, which would be compatible with existing multi-family development in the immediate area. No one was present to speak in opposition to the granting of the proposed Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. the SEt, esearch - This was the time and place set for the public hearing on the Zone Map Change requested by the Evangelical Church to change the present zoning of AS to R-4 on that tract of land located in the Southeast One-Quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. This property in more commonly located on the west side of South Nineteenth Avenue, just south of the Montana State University Veterinary Research Laboratory. Mayor Weaver opened the public hearing. Interim Planning Director Mike Money stated the Zoning Commission requested that the applicant meet with representatives of MSU and adjacent landowners to discuss the proposed Zone Map Change and development of the subject tract of land due to its close proximity to the Animal Disease Control Center. He indicated the applicant has now requested that the subject parcel be rezoned from AS to R-O, which requires a new application. He then requested that the Commis- sion table action on this application indefinitely. Mayor Weaver closed the public hearing. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that this item be tabled indefinitely. 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. 02-06-84 U43 Public hearinB - Conditional Use Permit - Bee Line Properties, Ltd. - allow construction of a Professional ffice Park PUD at 1711 West College Street This was the time and place set for the public hearing on the Conditional Use Permit requested by Jim Kack on behalf of Bee Line Properties, Ltd. to allow construction of a Pro- fessional Office Park Planned Unit Development at 1711 West College Street. I Mayor Weaver opened the public hearing. Interim Planning Director Mike Money presented the Staff Report. He stated the Zoning Commission has considered this request and recommended conditional approval. He then reviewed the conditions, noting one of the conditions provides for installation of sidewalks. He suggested the Commission require a method for installation of the sidewalks but not require installation at this time. The Interim Planning Director then stated Mr. Kack has indicated a willingness to sign a Waiver of Protest for an SID for installation of the sidewalk or a Power of Attorney naming the Clerk of the Commission. Interim Planning Director Money then stated Phase I of this five-phase professional PUD is being constructed through the minor PUD process. Mr. Jim Kack, owner of Bee Line Properties, Ltd., showed the Commission photographs of the model for this project. He noted those photos also show the project in which Dr. Rogers is involved, which will lie between the subject project and South Nineteenth Avenue. He stated he feels the proposed project is compatible with the character of development in the area and is in conformance with the Master Plan. Commissioner Jordan asked if access will be provided onto West College Street only or possibly also onto South Sixteenth Avenue. Interim Planning Director Money stated Mr. Kack and Dr. Rogers submitted a nice combined project at the Planning Staff's request. He stated the developers have talked to adjacent property owners about access to South Nineteenth Avenue. Those property owners have indicated they are not willing to allow access at this time but would be willing to consider future connection to South Nineteenth. The Interim Planning Director stated a road will be constructed I around the perimeter of the project, with access being provided onto West College Street. Mr. Jim Kack stated he does not feel access onto South Nineteenth Avenue would be safe because it would be too close to the intersection with West College Street. No one was present to speak in opposition to the granting of the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Break - 8:40 to 8:45 p.m. Mayor Weaver declared a five-minute break at 8:40 p.m., to reconvene at 8:45 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Master Plan Amendment - Hope Chapel/Foursquare Church - 5-acre parcel on Stucky Road, 1/3 mile west of South Nineteenth Avenue This was the time and place set for the public hearing on the Master Plan Amendment requested by Hope Chapel/ Foursquare Church for a five-acre parcel located on Stucky Road, one-third mile west of South Nineteenth Avenue. Mayor Weaver opened the public hearing. Senior Planner Steve Lere presented the Staff Report. He stated the proposed Master Plan Amendment would change the land use from Agricultural-Suburban, requiring a ten-acre tract to allow development of a five-acre tract. The Planner stated the subject area is desig- I nated as a multiple-use area when central services and annexation are completed. He also noted churches are allowed in any zoning designation. Senior Planner Lere stated the City-County Planning Board considered this request and recommends denial. Rev. Dick Whittet, Pastor of the Hope Chapel, stated the location is close to the city and would be convenient for those wishing to attend. He also stated a five-acre parcel would be the best size parcel for the church to develop. He stated they would be unable to utilize a ten-acre parcel properly. Mr. Dan McGraw, member of the Hope Chapel, stated .the church has almost 200 members, 02-06-84 U44 and they need an area to provide services for young families. He stated the church is presently using rented property and would like the opportunity to build its own facilities on a five-acre parcel. Commissioner Vant Hull asked if approval of this appl ication would result in spot zoning. Interim Plannning Director Mike Money stated rezoning of this parcel could result in spot zoning because it would place a five-acre i'arcel among ten-acre parcels. Commissioner Jordan asked where this parcel is located within the multiple use zoning I designation. He also expressed concern about approving a Master Plan Amendment for a Master Plan which has been recently adopted. Senior Planner Steve Lere stated the subject parcel is adjacent to the City and to Uni- versity property. Rev. Whittet stated the Master Plan provides for future conditions and use of large tracts of land. He stated he feels the requested Amendment could be approved without jeopardizing the Master Plan because a church is an appropriate use in any area. He once again noted a five-acre parcel would be the best size for the church and could be fully utilized. Senior Planner Lere noted if the Commission were to approve rezoning from AS to RS-5, a house could be built upon the tract, which could create problems in the future. No one was present to speak in opposition to the proposed Master Plan Amendment. Mayor Weaver closed the publ ic hearing. A decision will be forthcoming in one week. Public hearing - Master Plan Amendment - Cook-Bell Real Estate - 77.96 acres located north of old City landfill and east of Manley Road This was the time and place set for the public hearing on the Master Plan Amendment requested by Cook-Bell Real Estate for three tracts of land totalling 77.96 acres located north of the City's old landfill site and east of Manley Road. This proposed amendment would change the land use for a 57.06-acre tract from Heavy Industrial to Public Lands; the land use for a 5.86-acre tract from Agriculture to Public Lands; and the land use for a 15.04-acre tract from I Agriculture to Medium-Density Residential. Mayor Weaver opened the public hearing. Senior Planner Steve Lere presented the Staff Report. He stated the 57. 06-acre tract is to be included in Glenlake Park. The 5.86-acre tract is the property which Gene Cook dedicated to the City, to become a portion of Glenlake Park and which is be used as parkland-in-lieu of dedicated parks in other subdivisions developed by Mr. Cook. The 15.04-acre parcel is to be developed as a mobile home park. The Senior Planner stated the City-County Planning Board reviewed this request and recommended denial because of potential safety factors associated with the unresolved water quality problem and because the Glenlake Park boundaries have not been resolved. Senior Planner Lere also stated if the mobile home park is to be completed, the property must be annexed to the City and services provided. He noted the 15.04-acre parcel is not contiguous to the City and, therefore, cannot be annexed at th is time. Commissioner Jordan asked if either of those concerns have been addressed since the Planning Board meeting. The Senior Planner stated the water quality has not been determined; and the park boundaries have not been completely established. Mayor Weaver asked why the City-County Planning Board recommended disapproval rather than deferring action until additional information has been submitted. Commissioner Jordan expressed concern about dealing with this request because the City has previously signed an easement and right-of-way agreement with Mr. and Mrs. Hash and Mr. and Mrs. Beyl, dated January 24, 1983, for the sewer trunk line, which indicates the City will I not oppose annexation of the property. City Attorney Crumbaker-Smith stated the exhibit attached to the easement indicates the City will not oppose annexation provided all other requirements for annexation have been met. She also noted the request before the Commission at this time is for a Master Plan Amendment, which is not affected by the easement which was previously signed. Mayor Weaver asked the City Attorney to review the easement and right-of-way agree- ment and previous Commission actions to determine if any implications have been made. 02-06-84 LJ45 Commissioner Vant Hull asked about the traffic impacts the proposed mobile home park would have on Manley Road. Senior Planner Lere stated development of the property will result in impacts to Manley Road, particularly at its intersection with Griffin Drive. Commissioner Anderson asked how severe the flooding in the area would be. I The Senior Planner stated the Planning Staff reviewed the area three years ago during the severe flood. He stated that area was very wet at that time; but the staff does not have sufficient data to determine how much flooding occurred at the exact location of the proposed mobile home park. Mr. Arthur Van1t Hul, engineer for Cook-Bell Real Estate, stated the letter which has become "Exhibit A" of the easement and right-Of-way agreement with the Hashs and Beyls is the result of previous attempts to obtain an easement; was prepared by the attorneys for Glen Hash in conjunction with City administration; and was submitted to the Commission for approval as an attachment to the easement. He also noted the City was pleased with the State funding for Glenlake Park, which will include the 57.06- and 5.86-acre tracts under consideration. Mr. Van't Hul also stated the subject property is contiguous to the City on the north side of the old landfill. Mr. Van't Hul stated three years ago, the area received the impacts of a 500-year flood. He stated the site for the proposed mobile home park would not be suitable for construction of houses, but mobile homes could be placed on the property without problems. He then stated the Water Quality Bureau in Helena has recommended the applicant obtain a chemical analysis on wells in the area, and a hydrogeologist will work on that aspect. Mr. Van't Hul stated the appli- cant can drill wells in an area away from the old landfill, which should meet clean water require- ments. He also noted the EPA study on the groundwater at the old landfill was inconclusive. City Manager Wysocki asked if the City has received any response in writing indicating the water quality in the area and whether the water is usable as a public water supply. I Mr. Van't Hul stated he asked for the results of the EPA study because of concern over the hazardous wastes in the old landfill. He then indicated he has received a letter from the Water Quality Bureau indicating that testing must be comp~eted on the wells in the area prior to determining whether the water supply would be safe for public use. The City Manager requested that a copy of that letter be submitted to the City. He noted the boundaries for Glenlake Park have not been established. Mr. Van't Hul stated the applicant submitted the application being considered at the re- quest of former Planning Director John Moss. Senior Planner Lere stated the Planning Staff felt the entire area should be considered at one time. He noted if Glenlake Park is developed, a residential buffer zone would be more compatible than agriculture and heavy industrial. Mr. Fred Bell, one of the partners in Cook-Bell Real Estate and investor in Springhill Properties, stated they are not trying to force the issue. He stated if problems can be resolved and a mobile home court developed, it would be good. He stated if that is not possible, the property will be sold for heavy industrial use. No one was present to speak in opposition to the granting of the Master Plan Amendment. Mayor Weaver closed the publ ic hearing. A decision will be forthcoming in two weeks. Adjournment - 9:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the meeting be adjourned. I 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission 02-06-84