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HomeMy WebLinkAbout1984-02-14 U46 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 14, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 14, 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. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5, 1983; February 6, 1984; and the special meeting of November 26, 1983 was deferred until a later date. Mayor Weaver asked if any of the Commissioners desired to remove any of the Consent Items for discussion. Commissioner Jordan .requestE\d that the report "An Evaluation of Life Safety and Fire Protection for Montana State University On-Campus Housing High Rise Structures" be removed for discussion. Open bids - remodeling of City Hall basement to provide City Court facilities This was the time and place set to open the bids for the remodeling of the City Hall basement to provide City Court facilities. The bid includes the base bid and five alternates as follows: Base Bid - construction of offices and Judge1s chambers; Alternate No. 1 - con- struction of jury room; Alternate No.2 - construction of restrooms; Alternate No.3 - con- struction of Judge's bench; Alternate No.4 - relocation of existing vault door; and Alternate No. 5 - Base Bid and Alternate Nos. 1 through 4. The affidavit of publication for the IICall for Bids" as advertised was presented. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the remodeling of City Hall basement to provide City Court facilities be opened and read. 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. The following bids were then opened and read aloud: B3se Bid Alt. NJ. 1 Alt. NJ. 2 AI t. NJ. 3 Alt. NJ. 4 Alt. NJ. 5 J. R. B3ker Clnstnxticn CD. 8ozaTBl, M:Jnta-a Liarse NJ. 351LIA $ 9,916.00 $3,195.00 $5,956.00 $2,509.00 $ 900.00 $22,476.00 CBvi es Clnstnxt icn 8ozaTBl, MJntira Liarse NJ. 854rc $ 6,305.00 $2,122.00 $5,883.00 $2,702.00 $1,162.00 $18,174.00 Ei:isall Clnstru:ti<n CD., Ire. EbzarEn, Mlntira Liarse N::>. 172M $ 8,900.00 $2,600.00 $6,800.00 $2,500.00 $1,400.00 $22,200.00 Callatin Clnstru:ticn 8ozaTBl, 1vb1tcrB Licerse t'-b. 5n5A. $ 5,330.00 $3,000.00 $5,319.00 $2,000.00 $ 350.00 $15,999.00 lutey Clnstru:ticn - lte Craftgrm Eb:zaTB1, Mlntira I Liarse f\b. 4951A $ 7,497.55 $3,183.21 $5,566.38 $2,289.38 $1,346.96 $19,883.48 R:iJert A. Taylor Clnst., Ire. 8ozaTBl, M:Jnta-a Licerse NJ. 189()\ $10,300.00 $4,600.00 $6,600.00 $2,300.00 $1,700.00 $25,500.00 City Manager Wysocki recommended that the Commission refer the bids to staff for review and a recommendation to be submitted at next week's meeting. 02-14-84 U41 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the bids for the remodeling of the City Hall basement be referred to staff for a recommendation. 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. I Decision - Conditional Use Permit - Hruska-Langel - allow a PUD on Section 5, T2S, R6E, MPM (Story Hills Annexation) This was the time and place set for the decision on the Conditional Use Permit requested by Hruska-Langel to allow a Planned Unit Development on Section 5, Township 2 South, Range 6 East, Montana Principal Meridian, of the Story Hills Annexation. City Manager Wysocki stated the Commission denied the Preliminary Plat for the subject site at last week's meeting. He also noted the Commission opened the public hearing on December 19, 1983 and continued it to January 3, 1984, at which time the public hearing was conducted and closed. He indicated the decision on the Conditional Use Permit was deferred until action had been taken on the Preliminary Plat. The City Manager then stated Mr. Dave Tone, represent- ing the developers, has submitted a letter requesting that the Commission defer action on the Conditional Use Permit and reconsider the Preliminary Plat. The Commissioners indicated they feel there is no need to reopen the public hearing as they reviewed the available information prior to denying the Preliminary Plat. The Commissioners also indicated their reasons for denial of the Conditional Use Permit will be the same as those listed for denial of the Preliminary Plat and requested that portion of the minutes of the February 6, 1984 meeting be incorporated into the minutes as follows: Discussion - Condition No. 1 on Preliminary Plat for Story Hills Subdivision No. 1 City Manager Wysocki presented to the Commission the proposed Agreement for Off-Site Improvements, as submitted by the developers. The City Manager I also noted the County Commissioners 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 intersection of Big Gulch Road, L Street and Story Mill Road; and (2) the developers will participate 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 whomever 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 revenues on 360 residences. Mayor Weaver asked what limitations the Commission faces in making a decision on this Preliminary Plat request. I 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. 02-14-84 u48 Mayor Weaver noted the County has indicated improvement of L Street and Story Mill Road is not on its Ijst 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 will 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 I development would have on the public health and safety and stated she feels that issue has not been adequately addressed. Commissioner Mathre stated the only items assured in the proposed agreement are the replacement of the one-lane bridge on L Street and the re- design 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 police and fire. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the Preliminary Plat for Story Hills Sub- division No. 1 on the basis that it 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. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission deny the Conditional Use Permit requested by Hruska-Langel to allow a Planned Unit Development on Section 5, Township 2 South, Range 6 East, Montana Principal Meridian, of the Story Hills Annexation, based on the same reasons listed in the above-quoted motion for denial of the I Preliminary Plat for this site. 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. at This was the time and place set for the decision on the Zone Map Change requested by Tom Brophy for Kroh Brothers to 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 the University Square Subdivision. This tract of land is located between South 20th Avenue and South 23rd Avenue at West Dickerson Street extended. City Manager Wysocki stated the Planning Staff and Zoning Commission have recommended approval of the requested Zone Map Change and concurred in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Zone Map Change requested by Tom Brophy for Kroh Brothers to 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 the University Square 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. Ltd. - allow construction of a I This was the time and place set for the decision on the Conditional Use Permit requested by James Kack for Bee Line Properties, Ltd., to allow construction of a Professional Office Park Planned Unit Development at 1711 West College Street. City Manager Wysocki stated the Planning Staff and Zoning Commission have recommended conditional approval of the requested Conditional Use Permit and concurred in that recommenda- tion. 02-14-84 049 Commissioner Vant Hull stated she feels Condition No. 6 should be revised to require that the applicant sign a waiver of protest for creation of an SID for installation of sidewalks along West College Street in the future. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by James Kack for Bee Line Properties, I Ltd., to allow construction of a Professional Office Park Planned Unit Development at 1711 West College Street, subject to the following conditions: 1. That a fire hydrant be provided in the northwest sector of the development and that its design and location be reviewed and approved by the Director of Public Service prior to final site plan approval. 2. That a complete drainage and paving plan be submitted and reviewed and approved by the City's Engineering Officer prior to the final site plan approval of Phase II. 3. That detailed descriptions and/or drawings be included in the final site plans of each phase that indicates the type of curbing, all required setbacks, car stall sizes, trash enclosures, fencing, landscaping, and exterior lighting. Said facilities must meet the minimum requirements directed by the Zoning Ordinance. 4. That a phasing schedule be developed and incorporated into the Im- provements Agreement. 5. That the number of trash enclosures be increased and that the quantity and location of the enclosures be reviewed and approved by the Street Superintendent prior to final site plan approval. 6. That the developer must also submit a Waiver of Protest for creation of an SID for installation of sidewalks along West College Street. 7. That the loop of the private drive or street be completed with the de- velopment of Phase III. The section passing through the remaining undeveloped stages must be completed to a non-paved section capable of supporting emergency fire equipment. I 8. That mail drop facilities be incorporated into the plans. The location of the facilities must be reviewed and approved by the Postal Service and the City's Engineering Officer prior to the final site plan approval of Phase II I. 9. That the size of the snow storage areas be increased or that sufficient information be submitted with the drainage plans to prove that the size of the snow storage areas is adequate. 10. That the developer enter into an Improvements Agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all the scheduled improvements, the developer must supply a method of security equal to one- and one-half (1 1/2) times the estimated amount of the remaining improvements. The scheduling of the phases, the construction plans and specifications, the cost of estimates and final site plans shall all be made part of the Agreement. 11. That three (3) copies of the final site plans for Phase II containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. The final site plans for the following and subsequent phases must be submitted and approved by the Planning Director prior to the expiration of the preceding phases. This procedure will continue until the site plans for all phases have been approved. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the appl icant. 12. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of the approval of the Conditional Use Permit for each phase as shown on the approved final site plan. I 13. The Conditional Use Permit for each phase shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 02-14-84 U50 Decision - Master Plan uare Church - 5-acre parcel on Stuck oad, 1/3 mile west 0 This was the time and place set for the decision on the Master Plan Amendment requested by Hope Chapel/ Foursquare Church for the five-acre parcel of property located on Stucky Road, approximately one-third mile west of South Nineteenth Avenue. City Manager Wysocki stated the Planning Staff and City-County Planning Board have I recommended denial of the requested Master Plan Amendment and concurred in that recommendation. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission deny the Master Plan Amendment requested by Hope Chapel/Foursquare Church to allow construction of a church on a five-acre parcel located on Stucky Road, approximately one-third mile west of South Nineteenth Avenue. 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. Request for permission to close Main Street - King Gallatin Corporation - Saturday, August 4, 1984 between 5:30 p.m. and 8:30 p.m. City Manager Wysocki presented to the Commission a request on behalf of King Gallatin Corporation for permission to close Main Street on Saturday, August 4, 1984 from 5:30 p.m. to 8:30 p.m. for "A Taste of Bozeman" celebration to be conducted in conjunction with Sweet Pea '84. The City Manager noted the City has received a letter from the local office of the State of Montana Department of Highways indicating disapproval of the requested closure of Main Street. He then requested that the Commission acknowledge receipt of the request and defer action for a period of one week to allow the staff an opportunity to meet with the applicant. The Commission deferred action for a period of one week. Staff recommendation - re Montana Container Corporation request for IDR Bond issue City Manager Wysocki presented to the Commission the staff recommendation concerning I the Montana Container Corporation's request for a $450,000.00 Industrial Development Revenue bond issue. The City Manager stated the County Commissioners have indicated they would have no problem with the City considering the request, or they will consider the request if so desired. City Manager Wysocki also stated he has requested information on the projected employment over the next five-year period. He stated those figures indicate a slow but steady increase in employment. City Manager Wysocki then noted in April 1983, the City Commission denied a request submitted by Montana Container Corporation for fire protection to the subject site, which is located in the Gardner /Simmental Plaza because of the City's policy not to extend City services outside city limits. The City Manager then stated a sewer trunk line runs through the sub- division; and Montana Container Corporation would be allowed to connect to that line if it pays all expenses through a Utility Tie-On and Annexation Agreement between the City and G-B Properties, American Simmental Association and Kilgore Cattle Company, dated November 30, 1973. He then noted the nearest water trunk line is approximately one-half mile away; and extension of that water line is not anticipated at this time. He also indicated the site is approximately three-quarters of a mile from existing city limits; and annexation is not anticipated in the near future. City Manager Wysocki then stated the Commission should clearly indicate that there is no implication any City services will be provided if the IDR bonds are approved. Mayor Weaver asked if a Waiver of Protest of Annexation should be requested. City Manager Wysocki stated Mr. Boie has indicated he will consider submitting a Waiver of Protest of Annexation. I Interim Planning Director Mike Money stated there has been considerable interest in developing the subject area, which is zoned for light industrial uses. He noted the area will be annexed at some time in the future. If the area is developed in large tracts, it will be difficult to annex the area and provide utility services at a reasonable cost. Commissioner Mathre suggested that an advisory committee, comprised of people from the financial sector, be appointed to consider requests for bonds. 02-14-84 U51 City Manager Wysocki stated guidelines for approval of IDR bond requests should be adopted so the applicant and the City can be better prepared to deal with such matters. The Commission requested that the staff prepare a draft of proposed guidelines and submit them to the Commission as soon as possible for review and possible adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission authorize and direct the staff to proceed with the necessary steps for conducting a public hearing on the request submitted by Montana Container Corporation for a $450,000.00 Industrial Development Revenue bond issue; and indicate that (1) the City does not contemplate extending services to the site; and (2) Montana Container Corporation must submit a Waiver of Protest of Annexation. 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 - proposals for water and sewer rate studies City Manager Wysocki presented to the Commission a memo from the staff recommending that the proposal from CH2M-Hill/Kerin and Associates be accepted for the water and sewer rate studies. Commissioner Vant Hull indicated she feels the Commission should provide input on the task designation. She noted political decisions such as implementation of a straight rate increase or maintaining differentials must be considered, as well as conservation, or non-conservation by large water users. Commissioner Anderson stated the Commission must establish polley guidelines regarding the selection process of consultants. She also indicated she feels the staff should forward the Commission's concerns to the consultant. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve award of the proposals for water and sewer rate studies to CH2M-Hill/ Kerin and Associates. 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. Statement of Completion - Phases I and II, Schedules I and II, of the Waste Water Treatment Plant; authorize Mayor to sign letter to EPA accepting project as complete City Manager Wysocki presented to the Commission the Statement of Completion for Phase ! and Phase II, Schedules I and II, of the Waste Water Treatment Plant. The City Manager noted these projects have been completed under EPA Project Nos. C300208-24 and C300208-26 in accordance with plans and specifications. This final acceptance does not relieve the contractors of their responsibility for neg- ligence or faulty materials or workmanship within the standard period provided for by law. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that Phase I and Phase II, Schedules I and II, of the Waste Water Treatment Plant be accepted as completed; and that the Commission authorize and direct the Mayor to sign a letter to EPA indicating the City has accepted the projects as completed. 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. Break - 4:55 to 5:05 p.m. Mayor Weaver declared a break at 4:55 p.m., to reconvene at 5:05 p.m., in accordance I with Commission policy established at their regular meeting of March 14, 1983. Discussion - Commissioner Jordan's report re streamlining of public hearing process City Manager Wysocki stated Commissioner Jordan submitted his written report to the Commission last week and had requested that discussion be deferred until this meeting. Commissioner Jordan stated his report includes information gathered from various cities around the state, as w~1I as the Planning Staff and the Chairman of the City-County Planning Board and the Zoning Commission, and a suggestion for streamlining of Bozeman's public hearing 02-14-84 U52 process. Also included are excerpts from the Montana Code Annotated and Bozeman Municipal Code along with other supporting data. Commissioner Anderson expressed interest in the process utilized by Great Falls, in which the Board of Adjustment has been eliminated and made a part of the Zoning Commission, along with combining of the City-County Planning Board and Zoning Commission. Commissioner Mathre stated she feels combining of the boards could be advantageous because I the same individuals would be conducting the subdivision review and considering zoning issues. She then indicated she would like to consider the possibility of eliminating the public hearing before the City Commission if the Zoning Commission has approved the request. City Manager Wysocki stated if all requirements are met and the applicant understands and accepts all of the conditions recommended by the City-County Planning Board or Zoning Commission, the items can be advertised as a public hearing and placed on a consent agenda. If anyone wishes to speak on any matter, the item can then be removed from the consent agenda and discussed, as is done in the afternoon session at the present time. Mayor Weaver asked if the Commission feels the possible streamlining of the public hearing process should be pursued further. Commissioner Vant Hull stated if some publ ic hearings are eliminated, that it is important that all Commissioners be present at those hearings which are held. Commissioner Anderson stated she would like to know the length of the meetings of a com- bined board and how to disincorporate the Board of Adjustment into the Zoning Commission. She also asked if the developers have been contacted with the proposal. City Manager Wysocki recommended that the Commission refer Commissioner Jordan's report to the staff for review. He stated the staff will also submit the report to various developers and/or the Homebuilders Association for their input. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission refer Commissioner Jordan's report to staff for review and input from developers and/or the Homebuilders Association, with a recommendation to be submitted within thirty days. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan .aadAA.a;yor Weaver; those voti ng No, none. Commissioner Jordan then noted the Commission is not currently following existing ordinances concerning cross-over appointments to the Board of Adjustment, City-County Planning Board and Zoning Commission, and stated he feels the Commission should begin following the ordinance or change it. The Commissioner then stated he has suggested an 11- or 13-member board be appointed to replace the City-County Planning Board and the Zoning Commission. He asked the Commissioners to consider how those members should be selected. Ordinance No. 1152 - Subdivision Regulations City Manager Wysocki presented Ordinance No. 1152, as prepared by the City Attorney, entitled: ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE, ESTABLISHING MINIMUM STANDARDS AND PROCEDURE FOR SUBDIVISIONS IN THE CITY OF BOZEMAN AND THE JURISDICTIONAL AREA, AND REPEALING ORDINANCE NO. 796 OF THE CITY OF BOZEMAN, MONTANA. The City Manager stated the Commission had provisionally adopted this Ordinance on January 30, 1984 and recommended that the Commission finally adopt the Ordinance. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission finally adopt Ordinance No. 1152, revising the subdivision regulations. 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. 02-14-84 U53 . Ordinance No. 1153 ive-foot vegetative City Manager Wysocki presented Ordinance No. 1153. as prepared by the City Attorney, entitled: ORDINANCE NO. 1153 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE, BY AMENDING SECTION 18.50.220, PROVIDING FOR CERTAIN LIMITATIONS IN THE WATER COURSE SETBACKS. The City Manager stated the Commission had provisionally adopted this Ordinance on January 30, 1984 and recommended that the Commission finally adopt the Ordinance. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1153, amending Section 18.50.220 of the Bozeman Municipal Code to provide for a five-foot vegetative strip within the thirty-five-foot setback from stream banks. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Ordinance No. 1154 - revising the Parking Ordinance City Manager Wysocki presented Ordinance No. 1154, as prepared by the City Attorney, entitled: ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 10.32.090 AND 10.32.250 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE SIGNING OF DESIGNATED STREETS OR PUBLIC PARKING LOTS WHENEVER ANY PARKING TIME LIMIT IS IMPOSED BY ORDINANCE AND ESTABLISHING A MAXIMUM PARKING TIME LIMIT. I The City Manager stated the Commission had provisionally adopted this Ordinance on January 30, 1984 and recommended that the Commission finally adopt the Ordinance. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission finally adopt Ordinance No. 1154, revising Sections 10.32.090 and 10.32.250 of the Bozeman Municipal Code. 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 - FYI items City Manager Wysocki stated the following items have been included as "For Your Information" items in this week's packet: (1) a memo from Commissioner Vant Hull concerning the proposed CIP Appropriation Ordinance; (2) a letter from Mr. Robin MacNab regarding City funding of the realignment of Highland Boulevard; (3) a revised ballot for the goals assessment; (4) revisions to the City-owned land inventory submitted to the Commission at last week's meeting; and (5) a memo from Commissioner Anderson concerning the reception for the new City Manager and his fami Iy . The Commission conducted a brief discussion on the reception to be held for the Wysockis. City Manager Wysocki stated Commissioner Jordan had requested this item be removed from I the Consent Items. Commissioner Jordan asked if the Commission will have an opportunity to review this report in the future. City Manager Wysocki stated that members of the staff will meet with Mr. Glenn Lewis, Director of On-Campus Living at Montana State University, to discuss the report. He stated this item will be placed on a future agenda for discussion. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of "An Evaluation of Life Safety and Fire Protection for Montana State 02-14-84 054 University On-Campus Housing High Rise Structures" as prepared by Mr. Guy Crowe. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Summary of Saturday morning work session re Highland Boulevard I City Manager Wysocki presented to the Commission a summary of the work session regarding Highland Boulevard held on Saturday, February 11, 1984. The City Manager recommended that the Commission formally adopt the fourteen items listed in the guidelines for negotiation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt the following guidelines for negotiations with the Bozeman Deaconess Foundation: 1. The existing Highland Boulevard roadway is inadequate and would be for any additional traffic load of any kind, including emergency vehicular traffic . 2. The City does wish to participate in the reconstruction, to some extent, of the Switzler Avenue/Highland Boulevard realignment to New Hyalite View Subdivision. 3. There must be a land swap with respect to parkland/cemetery land as previously agreed upon, in accordance with FAU funding guidelines. 4. The Commission acknowledges the concern about the jogging trail and indicates its intent to replace those recreational facilities which are disturbed by the realignment. 5. AdditiOAaI land swaps would be evaluated by City staff for a final decision by the Commission. 6. An SID mechanism on funding is acceptable to the City Commission, based on the linear footage apportionment and in the approximate amount of 29.3 percent of the cost. 7. Repayment of the City's portion of the SID is at the City's discretion; and the method is to be advantageous to the City. I 8. The City recognizes the substantial financial advantage to the Bozeman Deaconess Foundation of the Industrial Development Revenue bond Issue, if approved by the City. 9. The City intends to exact the calculated formula amount of the 'DR bond fee, in accordance with existing Resolutions. 10. The City intends to exact the usual SI D fees, in accordance with existing Resolutions. 11. The Commission agrees the lagoon restoration and costs are a separate issue but recognizes that the City does have the obligation to restore the site to status quo and may wish to consider the proffered payment-in-Iieu if determined advantageous. 12. Through the SID process, the City will select the consulting engineer through a Request for Proposals. 13. All adjacent land owners will participate in the entire SID at this time. 14. The present Commission concurs that Switzler Avenue right-of-way property owners will not be expected to participate when the expansion to arterial status is undertaken as per present FAU formula. 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. Consent Items I City Manager Wysocki presented to the Commission the following items. Application for License - The Fillin Station, Inc. - one keno machine - through une 30, 1984 Proclamation - "Hearts Pledge Week" - February 12-18, 1984 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the items as listed above be approved and 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 02-14-84 US5 being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Adjournment - 5:45 p.m. There being no further business to come before the Commission at this time, it was moved I by Commissioner Anderson, seconded by Commissioner Jordan, that the meeting be adjourned. 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 I I 02-14-84