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HomeMy WebLinkAbout1984-02-21 058 Item Division I Activity Total Dollars - Employee Classification Plan City Manager $ 15,000.00 Cost Accounting Study Finance 10,000.00 Right- Turn Say -- 11 th and Main Streets 20,000.00 Pave Parking Lot -- Lamme and Rouse Library and Streets 20,000.00 Carnegie Building Improvements General Purpose Bldgs 4,367.00 Bogert Well Parks and Streets 12,000.00 I Thermostat -- Swim Center Swim Center 2,327.00 Street Sweeper Streets 65,000.00 Sidewalk -- North Fifth Street Streets 7,500.00 Nine Items -- Total . $156,194.00 . . ..... . . . . . . . . . . and revising the carry-over figure in Section 2 to read $70,015.00. 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. Decision - 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 decision on the Master Plan Amendment requested by Cook-Bell Real Estate for 77.96 acres located north of the site of the old City landfill and east of Manley Road. This Master Plan Amendment includes three separate parcels, as follows: Parcel No. 1 is 57.06 acres, to be changed from Heavy Industrial to Public Lands; Parcel No.2 is 5.86 acres, to be changed from Agriculture to Public Lands; and Parcel No.3 is 15.04 acres to be changed from Agriculture to Medium-Density Residential. City Manager Wysocki noted the Commission conducted the public hearing on this Master Plan Amendment on February 6, 1984. He stated the City-County Planning Board has also con- sidered the request and recommend denial of the Master Plan Amendment. The City Manager then presented to the Commission five proposed conditions for approval of the Master Plan Amendment for Parcel Nos. 2 and 3 for consideration. He recommended no action be taken on I the Master Plan Amendment for Parcel No. 1 because the current property owners are not represented in the application for the Master Plan Amendment submitted by Cook-Bell Real Estate. Commissioner Vant Hull expressed concern about the increase in traffic on Manley Road if the Master Plan Amendment is approved and a mobi Ie home park is constructed on the 15. 04-acre tract of land. She also asked when improvement of the road should be addressed. Commissioner Anderson noted the angle of the intersection of Manley Road and Griffin Drive is hazardous. Interim Planning Director Mike Money stated improvement of the road can be addressed during the Master Plan Amendment, the request for annexation or development of the parcel of land. He stated the developer is aware the improvement of Manley Road is a major concern and realizes development of the property could be denied in the future due to the negative impact on Manley Road if the roadway is not improved. Commissioner Jordan asked about testing the quality of the water for the proposed develop- ment of the property. He asked if testing of water in the wells in the area would help determine if a safe water supply can be obtained. Interim Planning Director Money stated the water system would service a large number of people, which will require drilling of a deeper well than is needed for a single-family residence. He also stated if a water system is to service over a specified number of people, the State requires that a licensed water plant operator be retained and that periodic testing of the water supply be conducted. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission I approve the requested Master Plan Amendment for Parcel No.2, the 5. 86-acre parcel, from Agriculture to Public Lands, and Parcel No.3, the 15.04-acre parcel, from Agriculture to Medium-Density Residential, subject to the following conditions: 1. Providing information that conclusively indicates a source of potable water from a well is available--including a statement from the Health Department. 2. If water source becomes unusable for any reason, the owner will extend lines from City's system to serve the area at his expense. 02-21-84 U.59 3. The boundaries for the Clenlake Park project be determined finally before approval is given. 4. The park dedication of 5.86 acres to be part of Clenlake Park for future projects will be credited to other projects, as well as this project, with agreement of the City. 5. Appropriate natural screening will be provided on proposed residential I subject parcel wherever it is adjacent to G lenlake Park. 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. B rea k - 5: 05 to 5: lOp. m . Mayor Weaver declared a five-minute break at 5:05 p.m., to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. No. Bozeman Downtown Business City Manager Wysocki presented a Commission Resolution concerning sidewalk sales as proposed by the Bozeman Downtown Business Association, entitled: COMMISSION RESOLUTION NO. A'RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A UNIFORM SIDEWALK SALE AND PROMOTION POLICY FOR THE CITY OF BOZEMAN, MONTANA. The City Manager noted this proposed Commission Resolution is the result of several meetings between members of the staff and the Bozeman Downtown Business Association, as requested by the Commission. He then stated he has reviewed the proposal and has submitted a memo to the Commissioners indicating several questions that he feels should be reviewed and I possibly revised. Mr. Bill Sheehan and Mr. Sam Wagner, members of the Bozeman Downtown Business Association, were present to answer questions. Mr. Sheehan noted a question was raised at the Association meeting concerning regulation of non-licensed and non-profit businesses which are selling or distributing items on the sidewal ks in the downtown area. He indicated the Association feels the Commission Resolution should provide that regulation. Commissioner Anderson noted the Salvation Army has erected a booth on the sidewalk between Thanksgiving and Christmas for several years and indicated they should possibly be allowed to provide input on the proposed Commission Resolution, since a portion of it could affect their activities. City Manager Wysocki noted Section 4 of the proposed Commission Resolution provides for approval of "permanent obstructions" to project not more than twenty-four inches from the building. .He suggested that rather than the method proposed in the Commission Resolution, a revocable permit, approved by the Commission, be considered, with a hold harmless statement being required. Commissioner Mathre noted that quite often signs are not placed adjacent to buildings, but are placed close to the curb where the trees are planted. Mr. Sam Wagner stated members of the Bozeman Downtown Merchants Association were aware of the various items being placed on the public sidewalks and watched those activities. He stated the Association has attempted to develop rules and regulations that all businesses can accept. Mr. Wagner then noted not all downtown businesses are members of the Association. I City Manager Wysocki recommended that the staff review the proposed changes and expressed concerns and submit a revised Commission Resolution in two weeks for review. The Commission deferred further action for a period of two weeks. Staff report - lease agreement for Beall Park Building . City Manager Wysocki stated the City Attorney has prepared a draft lease agreement for the Beall Park Building, but has indicated she needs Commission clarification on insurance coverage for the building and contents. 02-21-84 U6U City Attorney Crumbaker-Smith stated she has met with the Committee for the Arts concern- ing the lease agreement. She stated the Committee has indicated a desire to attach insurance coverage to the City's policy; and they would pay the insurance premium for the added coverage. The City Attorney also stated the Committee has requested a waiver of subrogation, so that if the City collects from the insurance company, the company cannot then collect the monies from the Committee. The City Attorney stated when the Commission awarded use of the Beall Park Building to the Committee for the Arts at its regular meeting of December 12, 1983, it required I that the Committee provide liability insurance for its activities but did not specify whether that insurance could be provided through reimbursement of costs for an addition to the City's insurance pol icy . City Manager Wysocki stated the City may wish to consider the possibility that insurance premiums could be increased if the insurance coverage for the Arts Center were added to the City policy and a large claim were submitted due to their activities. The Commissioners indicated no problem with all insurance coverage for the Beall Park Building being listed under the City's policy with the Beall Park Arts Center, Inc., to be responsible for payment of additional premiums resulting from their portion of the coverage. Staff recommendation - request to purchase Cit -owned land for nursin home - John Ballard or artw ee odges of Mississippi, nc. City Manager Wysocki stated the Commission had acknowledged receipt of a request sub- mitted by Mr. John Ballard for Cartwheel Lodges of Mississippi, Inc., at its regular meeting of January 30, 1984. He noted the applicant has indicated interest in purchasing four or five acres of City-owned cemetery or parkland for construction of a nursing home near the proposed new hospital location. He stated the staff has reviewed the request and recommends that the City not consider selling any land at this time. The City Manager then stated Section 7-8-4201, M.C.A., requires that sale or lease of any property held in trust for a specific purpose be approved by a majority vote of the electorate. City Manager Wysocki then recommended that a I letter be written to the applicant indicating the City wiJI not consider the request and suggest that he contact private landowners in the area. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the staff to send a letter to Cartwheel Lodges of Mississippi, Inc., indicating the City will not consider sale of any cemetery or parkland. 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. Discussion - staff recommendation re false alarm calls to the Fire Division City Manager Wysocki presented to the Commission the staff recommendation regarding the possibility of establishing fees for false alarms and fire calls. The City Manager concurred in the staff recommendation that the Commission not consider establishing any fees at this time. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the staff recommendation that establishment of fees for false alarms and fire calls not be considered at this time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commis- sioner Vant Hull and Mayor Weaver; those voting No, none. Acknowledge receipt of withdrawal of application for IDR bonds - Montana Container Corporation City Manager Wysocki presented to the Commission a letter from Mr. Robert Boie, President I of Montana Container Corporation, withdrawing the application for $450,000.00 in Industrial Development Revenue bonds. He stated the applicant's bond counsel has indicated that federal law mandates that the application for /DR bonds be submitted to the jurisdiction in which the project is to be completed. Therefore, Mr. Boie has indicated he will submit an application for I DR bonds to Gallatin County. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the letter submitted by Mr. Robert Boie, President of Montana Container 02-21-84 UG1 Corporation, withdrawing the application for Industrial Development Revenue bonds for construc- tion of a new facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - FYI items I City Manager Wysocki stated the only "For Your Information" item included in this week's packet is an update on the goal setting process. Consent Items City Manager Wysocki presented to the Commission the following items: Authorize Mayor to sign - Vendor Invoice for payment of $62,726.25 from DNRC rant to Christian, Sprin , Sielbach and Associates pre iminart enrmeermg on Mystic Lake am Application for Ra fie icense - Fraternal Order of Eagles - March 21, 1984; to be raffled, a liquor basket valued at $50.00 Application for Raffle License - Headwaters Council of Camp Fire, Inc. - April 3, 1984; to be raffled, a hot air balloon ride valued at $150.00 Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull. 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 Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Recess - 5:50 p.m. Mayor Weaver declared a recess at 5:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Stephen Forte' to allow medical offices and apartments on Lot 7 of the LeClair Subdivision. This property is more commonly located at 1811 West Koch Street. City Manager Wysocki stated the Zoning Commission had opened and continued the public hearing on this request. He then recommended that the City Commission open and continue the public hearing until a recommendation has been received from the Zoning Commission. Mayor Weaver opened the public hearing. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Weaver continued the public hearing until such time as a recommendation is received from the Zoning Commission. I This was the time and place set for the public hearing on the Conditional Use Permit requested by Michaela Shyne to allow construction of a sixteen-unit Planned Unit Development on Certificate of Survey No. 666 in Sections 7 and 18, Township 2 South, Range 6 East, Montana Principal Meridian. This property is more commonly located at 719 South Church Avenue. Mayor Weaver opened the public hearing. Interim Planning Director Mike Money presented the Staff Report. He stated the project will contain sixteen apartment units in two principal structures. The Interim Planning Director 02-21-84 062 then stated the Zoning Commission has reviewed the requested Conditional Use Permit and recommended conditional approval, including a condition not listed in the Zoning Commission Resolution which would require installation of sidewalks along South Church Avenue. The Interim Planning Director then stated the Assistant City Manager has submitted a memo which cites Section 18.50.030 of the Bozeman Municipal Code as follows: "No building permit shall be issued or use proposed in any street right-of-way or any proposed street right-of-way proposed on the Bozeman Area Master Plan." He stated the subject tract of land I is located in the proposed right-of-way for East College Street between South Black Avenue and South Church Avenue. He then showed slides of the site and the proposed right-of-way for East College Street extended. Interim Planner Money then stated East College Street has been listed in the Master Plan as the proposed connector between South Willson Avenue and South Church Avenue, with a future extension to Highland Boulevard, for several years. He stated the Commission must determine if it wishes to maintain that proposed extension in the Master Plan. Interim Planning Director Money stated Mrs. Shyne requested a Zone Map Change from RS-1 to R-4 for this parcel, which was granted on August 8, 1983. Also, she applied for and received a variance to the 35-foot stream bank setback before the Board of Adjustment, which will allow for encroachment of a corner of one of the buildings into the setback. Mr. Money also stated Mrs. Shyne has installed several hundred feet of water and sewer service lines for the Planned Unit Development. Mrs. Michaela Shyne, applicant, submitted to the Commission two maps showing the location of the right-of-way for the proposed extension of East College Street and the desig- nated flood plain. She stated a house is located within the proposed right-of-way at South Black Avenue, and another house encroaches upon the right-of-way. She also noted Matthew Bird Creek (Spring Creek) lies within the right-of-way for approximately 600 feet before it joins Sourdough Creek; and three creek crossings would be required for extension of the street. Mrs. Shyne stated there is dedicated right-of-way for approximately 250 feet of the proposed I extension; and the remainder of the property is in private ownership at the present time. Mrs. Shyne then indicated she has no problem with constructing a sidewalk along South Church Avenue, as discussed at the Zoning Commission meeting. Commissioner Mathre asked if either of the buildings in the proposed PUD will be located in the flood plain. Interim Planner Money stated Engineering Officer Neil Mann has reviewed the proposed PUD and the flood plain and has determined that the buildings will not be located in the flood plain. Commissioner Jordan expressed concern about the off-street parking requirements for apartments. He indicated he feels there are often more cars per apartment than are provided for through off-street parking and stated he feels that requirement should be reviewed. Mr. Jerry Wells, Regional Fisheries Manager for the State of Montana Department of Fish, Wildlife and Parks, stated opposition to the extension of East College Street between South Black Avenue and South Church Avenue. He stated three stream crossings and covering of 500 to 600 feet of the stream would be disruptive to the native fish that now exist in the stream. Mr. Wells then stated when the issue was raised in 1979, the Department also stated its opposi- tion. He indicated he feels the Commission should consider other alternative connector street locations, rather than the proposed extension of East College Street. No one was present to speak in opposition to the granting of the Conditional Use Permit. Commissioner Vant Hull noted the Commission has received one letter from Mr. John Lawson stating opposition to the approval of the proposed Conditional Use Permit. I Mayor Weaver closed the publ ic hearing. A decision will be forthcoming in one week. - Glen and Dave Har rove and David Johnson - NWi-, side of Patterson Road about one-thIrd ml e west 0 This was the time and place set for the public hearing on the Master Plan Amendment requested by Glen and Dave Hargrove and David Johnson for the Northwest one-quarter, Northeast 02-21-84 UG3 one-quarter of Section 35, Township 2 South, Range 5 East, Montana Principal Meridian. This property is more commonly located south of Patterson Road about one-third mile west of South Nineteenth Avenue. City Manager Wysocki stated the Commission has received a letter from Survco, Inc., representative of the applicants, requesting that the public hearing be opened and continued to March 26, 1984. He then recommended the Commission open and continue the public hearing to I April 2, 1984, which is a regularly scheduled time to conduct public hearings. He also recommended that an advertisement be placed in the newspaper indicating the date on which the continued public hearing is to be conducted, at the applicants' expense. Mayor Weaver opened the public hearing. No one spoke in support of or in opposition to the requested Master Plan Amendment. Mayor Weaver continued the public hearing to April 2, 1984. Adjournment - 7:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 02-21-84 I \