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HomeMy WebLinkAbout1984-03-19 U8I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 19, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, March 19, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner 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 March 12, 1984 were approved as corrected. Action on the minutes of the regular meetings of October 17 and 31, 1983; November 14, 1983; December 5, 1983; and the special meeting of November 26, 1983 was deferred until a later date. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Jordan requested that the authorization for the Mayor to sign the applications for easements through State-owned land in the North Seventh Annexation be removed for discussion. Open bids - street sweeper for Street Division This was the time and place set to open bids on the street sweeper for the Street Division. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the street sweeper for the Street Division 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 affidavit of publication for the IICall for Bids" as advertised was presented. The following bids were then opened and read aloud. I Gross Bid Less Trade-In Net Bid Pioneer Equipment & Supply Butte, Montana $66,920.00 $10,000.00 $56,920.00 Roberts Rocky Mountain Equipment Co., Butte, Montana $77,500.00 $ 7,750.00 $69,750.00 * without trade $72,750.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. 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. Update and final design - Centennial mural on side of Eagle's Building - Niki Glen and Mike Hoe Ms. Niki Glen presented an update on the Centennial mural, for which they have received approval. She stated they have been waiting for repair of the roof to be completed before be- ginning to paint the mural. She noted the painting will be done this summer. She also indicated the project is being sponsored by the Montana Institute of the Arts and the Montana Public Art Group. Ms. Glen then submitted to the Commission an estimated budget for 1984. She noted the total expenses are estimated at $23,950.00, of which $10,550.00 has been provided through cash I contributions and in-kind services. She indicated they will continue the fund raising activities until the remaining $13,400.00 is received. Ms. Glen then presented to the Commission the second final design of the mural, giving a brief description of the items to be contai ned. She indicated the center of the mural will depict the Valley of the Flowers, with the past on the left, the present to the right of center, and the future on the far right side. Ms. Glen indicated the past, Valley of the Flowers and present segments will change only slightly as additional designs are completed. The segment representing the future will be subject to change as public input is received and the painting is being done. Ms. Glen stated she and Mike Hoey received a letter of endorsement from the City. She 03-19-84 U82 noted the letter is dated 1982 and asked if it would be possible to receive an updated letter of endorsement. Commissioner Anderson asked how much financial support the two sponsoring agencies will contribute. She also asked how Ms. Glen and Mr. Hoey anticipate raising the needed $13,000.00. Ms. Glen stated the Montana I nstitute of the Arts and the Montana Public Art Group are sponsoring the project only. She noted they have no funds to contribute toward the mural. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- I sion authorize and direct the Mayor to sign an updated letter of support for the mural to confirm the Commission's continued support of the project. 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. Commission Resolution No. 2495 - sidewalk sales and promotion City Manager Wysocki presented Commission Resolution No. 2495, entitled: COMMISSION RESOLUTION NO. 2495 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 stated the Bozeman Downtown Business Association has reviewed the Commission Resolution as revised by the City staff and has submitted proposed changes. He noted those changes have been indicated in the capitalized revisions in the draft Resolution submitted to the Commission. City Manager Wysocki then stated he supports all but the revision which re- quires that written requests for permission to conduct sidewalk promotions be filed at least fifteen days prior to an annually scheduled event, indicating he feels the requests should be submitted at least thirty days prior to the event. Commissioner Jordan expressed concern that the limitation to four events per business per calendar year is to be eliminated. He noted it would be easier to maintain that control at this time than to attempt to place it back in the regulations because problems arise. I City Manager Wysocki indicated if problems begin to arise, possible revision of the Resolution will be placed back on the agenda for further cpnsideration. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2495, with the revision that written requests for permission to conduct sidewalk promotions in conjunction with annually scheduled events be submitted at least thirty (30) days prior to the event. 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. Staff recommendation - refund of City License fee for certain types of businesses City Manager Wysocki presented to the Commission the staff report stating that the State Statute indicates thirteen categories of businesses are exempt from City license fees, including: 1. Accountants, Certified Publ ic, licensed by Board of Publ ic Accountants. 2. Attorneys at Law, licensed by Montana Supreme Court 3. Barbers, licensed by Board of Barbers 4. Cosmetologists, licensed by Board of Cosmetologists 5. Chiropractors, licensed by Board of Chiropractors 6. Dentists, licensed by Board of Dentistry 7. Engineers, licensed by Board of Professional Engineers and Land Surveyors I 8. Insurance Companies, licensed by Commissioner of Insurance 9. Physicians, licensed by State Board of Medical Examiners. (This category does not include Osteopathic Physicians licensed by Department of Com- merce; Optometrists licensed by Board of Optometrists; or any Podiatrists.) 10. Real Estate Brokers and Salesmen, licensed by Board of Realty 11. Speech Pathologists and Audiologists, licensed by Board of Speech Path- ologists and Audiologists 03-19-84 U83 12. Surveyors, Land, licensed by Board of Professional Engineers and Land Surveyors 13. Wholesale Beer Distributors, licensed by Department of Revenue The City Manager stated the staff has reviewed this item and found that some businesses in these categories paid Business License fees for Calendar Year 1983. He then recommended that the Commission authorize refund of those fees upon submission of a written request and I proof that the fees were paid. He noted the total amount of refund could be $5,971.00 if all businesses submit written requests for refunds. City Manager Wysocki stated the staff has recommended a display ad be run in the Bozeman Daily Chronicle on two dates and that all re- quests be submitted prior to May 18, 1984, and concurred. in that recommendation. City Attorney Crumbaker-Smith stated the court in Helena ruled that the City could not charge Attorneys for Business License fees. She also noted an Attorney General's opinion indi- cates the same and distinguishes between self-government powers and general government powers. Commissioner Vant Hull stated the Urban Coalition may wish to pursue the removal of the exemptions to City Business License fees during the next Legislative session. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion authorize and direct the City staff to refund Business License fees paid by businesses in the categories listed above upon submission of written requests for refund and proof the fees were paid prior to May 18, 1984. The motion carried by the following Aye and No vote: those voting Aye being C,?mmissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - conversion from poker machines to electronic keno machines on existing gaming licenses City Manager Wysocki presented to the Commission his memo listing items for consideration of, and a proposed method for, the possible conversion from poker machines to electronic keno machines, live keno or poker tables on existing gaming licenses, which will expire on June 30, I 1984. The City Manager noted the proposed method for conversion is based on the action taken by the Board of Commissioners of Gallatin County. The City Manager then indicated the Ordinance regulating gaming devices must be revised prior to the new licensing period, which begins July 1, 1984. City Attorney Crumbaker-Smith stated the application form for conversion from the poker machines contains a statement that cash prizes are not legal and will not be allowed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve conversion from poker machines to electronic keno machines, live keno or poker tables on existing gaming licenses, subject to the following: 1. Allow for a conversion of the "Draw 80" poker machines on a 1: 1 ratio for keno machines, live keno or poker game table. 2. Have the same limitation on the number of machines or tables. 3. Record the change through the use of a form similar to the Gallatin County form immediately by administrative action. 4. Ratify the administrative action in subsequent meetings, to establish ma- chine locations for the official Commission record. 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. I Authorization for purchase of electronic cash register for City Court City Manager Wysocki presented to the Commission a request for authorization to purchase an electronic cash register for the City Court. The City Manager stated the City of Helena is opening bids tomorrow for an electronic cash register. He indicated the City of Helena has specified a minimum acceptable bid of $2,500.00. City Manager Wysocki then recommended the City authorize the expenditure of $2,500.00 plus installation costs for the electronic cash register. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize expenditu re of $2,500.00 plus installation costs for an electronic cash register for the 03-19-84 U84 City Court. 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 - amendment to Zoning Code specifying the distance a bar must be from a residential zone - City Manager Wysocki stated Commissioner Mathre had requested this item be placed on I the agenda. Commissioner Mathre stated she has received several telephone calls about a proposed bar to be located adjacent to a residential area. She also noted the Commission has recently dealt with problems created by a bar located immediately adjacent to a residential area. She noted the State Statute specifies that bars cannot be located within a specified distance of churches and suggested that approach be considered between bars and residential zones. City Manager Wysocki suggested the Commission refer the matter to staff for review and a recommendation to be submitted in two weeks. Mayor Weaver requested this item be placed on the agenda in two weeks for further discus- sion. Discussion - set meeting date for discussion of goals City Manager Wysocki stated Commissioner Mathre had requested this item be placed on the agen"da. Commissioner Mathre stated the Commissioners have discussed setting a meeting date in April to discuss the suggestions for goals which have been submitted through the written ballots and town meetings as well as suggestions from the Commissioners. The Commissioners set a workshop for 7: 00 p.m. on Monday, April 23, 1984. The Mayor requested that the meeting be advertised and open to the public and asked the City Manager and Clerk of the Commission to attend the workshop. Recommendation from Audit Committee I Mayor Weaver submitted to the Commission the recommendation from the Audit Committee for hiring of an audit firm for Fiscal Year 1984. The Mayor stated the Audit Committee met on March 8, 1984, at which time it reviewed the proposal submitted by Coopers and Lybrand for audit of the General Fund, Water Fund and Sewer Fund for Fiscal Year 1984, at an estimated cost of $41,000.00 to $42,500.00 plus out-of-pocket expenses not to exceed $9,200.00. He indicated the Audit Committee has submitted the recommendation that the City pursue obtaining the Municipal Finance Officers Association Certificate of Conformance; accept the proposal submitted by Coopers and Lybrand for the audit for Fiscal Year 1984; and seek competitive proposals from qualified firms for a subsequent three-year engagement. The Mayor also stated consultant Gil Crain has recommended the process for competitive proposals be started in October so that proposals can be obtained from qualified firms, including Montana firms, and a decision made on hiring of an audit firm prior to the end of the fiscal year. Commissioner Anderson asked what cost would be involved in pursuing an MFOA Certificate of Conformance. Mayor Weaver stated the anticipated costs would be approximately $400.00 to $500.00. He noted much of the statistical information required in the application has been developed by the City Finance Department through the need for information for various projects, so the time and cost of gathering additional statistical information should be negligible and should not place an extreme burden on the staff. Commissioner Vant Hull asked why the Audit Committee has recommended that Coopers and I Lybrand be retained for an additional year. The Mayor stated the Audit Committee concurred that (1) the cost for the same quality audit would not be significantly lower than the proposal submitted by Coopers and Lybrand; (2) it is late in the year to attempt to complete the competitive bid process and retain an audit firm; (3) the disruption to staff and the time required to train a new audit firm will offset an approximate 5 to 10 percent cost differential; and (4) timeliness in completion of the audit is necessary if the City is to pursue the MFOA Certificate. He noted it is not mandatory to retain 03-19-84 U85 Coopers and Lybrand to attain the MFOA Certificate; however, they have been instrumental in developing the data base necessary for the Certificate and they understand the Montana Code Annotated. He also stated the staff has indicated a commitment to pursuing the MFOA Certificate based on the Fiscal Year 1984 financial records and audit. City Manager Wysocki stated the City has received one clean audit under a firm who is recognized in the financial world. He noted receipt of another clean audit in the subsequent I year from the same firm could be beneficial and strengthen the credibility of the City's data base. Commissioner Vant Hull asked why the Audit Committee has recommended a three-year contract. She suggested proposals be requested that would include costs for a two-year contract as well as a three-year contract. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission accept the proposal submitted by Coopers and Lybrand for the audit of the General Fund, Water Fund and Sewer Fund for Fiscal Year 1984 in an amount not to exceed $42,500.00 plus out-of-pocket expenses not to exceed $9,200.00; that the City seek competitive proposals from qualified firms for a subsequent one-, two-, or three-year engagement; and that the City pursue the Municipal Finance Officers Association Certificate of Conformance based on the Fiscal Year 1984 financial records and audit. 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 - 5:05 p.m. to 5:15 p.m. Mayor Weaver declared a recess 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. Ordinance No. 1158 - amending Ordinance No. 1151 and Section 18.48.090 of the Bozeman Municipal Code re zoning fee schedule I City Manager Wysocki presented Ordinance No. 1158, as prepared by the City Attorney, entitled: ORDINANCE NO. 1158 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. PREAMBLE The purpose of this amendment is to correct Ordinance No. 1151, which was written in accordance with the 1983 codification of the Bozeman Municipal Code. The 1983 codification omitted two paragraphs from Section 18.48.090. City Attorney Crumbaker-Smith stated the new codification of the Bozeman Municipal Code omitted the first two paragraphs of Section 18.48.090, which appear just prior to the table of fees. This Ordinance corrects that omission, which was carried into Ordinance No. 1151 at the time the fee schedule was revised. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1158, amending Ordinance No. 1151 and Section 18.48.090 of the Bozeman Municipal Code to revise the zoning fee schedule, and that it be brought back in two weeks for final adoption. 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. I Commission Resolution No. 2496 - callin for an election on conductin overnment review and providing or ormation 0 a ocal government study commission City Manager Wysocki presented Commission Resolution No. 2496, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2496 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF CONDUCTING 03-19-84 085 LOCAL GOVERNMENT REVIEW AND ESTABLISHING A STUDY COMMISSION, PURSUANT TO SECTIONS 7-3-171 THROUGH 7-3-193, M.C.A. The City Manager recommended that the Commission adopt Commission Resolution No. 2496 in compliance with Article X I, Section 9 of the Montana Constitution and Section 7-3-171 through 7-3-193, M.C.A., and set the election date for June 5,1984. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2496, calling for an election on conducting local I government review to be held on June 5, 1984 and providing for formation of a five-member, local government study commission. 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. Appointment to Senior Citizen Advisory Council City Manager Wysocki stated the Senior Citizen Advisory Counci I has submitted a recom- mendation for replacement of an alternate member on the Council. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion appoint Robert Yaw to replace U. A. Cooper as an alternate member on the Senior Citizen Advisory Council, with a term to expire on December 31, 1985. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - proposal for realignment of Highland Boulevard City Manager Wysocki presented to the Commission the proposal for realignment of Highland Boulevard as submitted by the Bozeman Deaconess Foundation, containing the following items: 1. A two-lane facility, 5,800 feet in length which will be ultimately a four- lane facility beginning at Main Street on the north, south to the north boundary of the New Hyalite View Subdivision. The road section will be a minimum of two driving lanes no greater than fourteen feet wide with a good four-foot gravel shoulder on each side. The road will have a base and hard surface that will allow for the ultimate four-lane road in the I future, with the capability to handle the traffic anticipated on a facility of this nature. The design and alignment of the road will take into account the minimizing of snow drifting problems. 2. Bozeman Deaconess Foundation will dedicate right-of-way sufficient for eventual expansion of the proposed, realigned Highland Boulevard, from a two-lane street to a four-lane arterial. This dedication would consist of a seventy-seven foot right-of-way with expanded widths at the Hospital intersections to allow for north bound left hand turn lane and south bound right hand turn lane into the Hospital campus, with a maximum of two such entrances. 3. Included in this right-of-way dedication of seventy-seven feet is ample space to allow for four-foot bicycle lanes on either side of the proposed eventual four-lane arterial. 4. Intersections to the arterial along both the west or east sides into Foun- dation property shall be a minimum of six-hundred fifty feet apart with the exception of two entrances into the Hospital which will be approximately five hundred feet apart. 5. The Hospital will work with the City and other interested parties to assure the continuance of jogging and cross country skiing activities in the vicinity of and/or on Bozeman Deaconess Foundation property. The trai I will be developed so as not to interfere with the major entrances to the Hospital campus. Should future development of the Foundation properties require relocation of the trails, a mutually acceptable resolution will be developed by the City and the Foundation. 6. The park property lost by the City to allocate right-of-way for the eventual four-lane arterial, less the amount of land reclaimed by the City I as a result of vacation of Highland within City property boundaries, shall be replaced by the Hospital in a location mutually agreeable. 7. The Hospital would be agreeable to maintaining some type of strip along the ridge of its west property in order to maintain the view of or from that area to be compatible with final guidelines established by the City. This may be coordinated with #5 and #6 above. 8. The City would agree to eliminate the right-of-way for the following un- developed and developed streets which are located on land owned by the Foundation: 03-19-84 USI Hayes, Grant, Cypress, Garfield, College, Aylsworth, Switzler, Cleveland, Buttonwood and that portion of realigned Highland. 9. The City's fee for the tax exempt bonds would be set at $15,000'- 10. The Hospital will provide a borrow source within 3/4 mile of any part of the realigned Highland to provide up to 20,000 cubic yards of fill to be used for the real ignment project. This offer requires the appropriate removal and replacement of top soil at the borrow site. I 11. The Hospital will participate in a proposed SI D for the construction of the Switzler-Highland improvement on a linear foot basis and will pay its assessment either by a lump sum before the bonds are let, or in twenty equal payments over a twenty-year period. I f the long term payment schedule is chosen, the Hospital will pay the fees attached thereto. A lump sum payment by the Hospital for its linear foot assessment before bond letting will require SID fees to be refunded. 12. The above proposal is contingent upon the City's acceptance of the terms within a time period that will allow for the construction of the 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. 13. The appropriate zone will be placed on the Medical Complex portion of the property to allow the Hospital's plans for offices, clinics and medical facilities to be developed. This zone change will be initiated by the Zoning Commission. 14. If the Hospital or Deaconess Foundation leases ground for development of professional offices, clinics, etc., those facilities will pay an amount equal to taxes to all entities who would receive funds if the structures were privately developed. 15. Any portion of this agreement that is deemed illegal will be removed without rendering other points null and void. The intent of that section will be rewritten to accommodate the need as intended. City Manager Wysocki stated the Commission has conducted public hearings on the I requests for Master Plan Amendment, Zone Map Change and Industrial Development Revenue Bond issue submitted by the Bozeman Deaconess Foundation; and decisions on those requests are contingent upon satisfactorily resolving the realignment of Highland Boulevard. The City Manager then indicated he has negotiated with the Administrator of Bozeman Deaconess Hospital; and the above-listed conditions are the result of those negotiations. City Attorney Crumbaker-Smith reminded the Commission this is the final proposal only, not an agreement between the City and the Bozeman Deaconess Foundation. Mayor Weaver asked if the action requested in Item No. 8 is vacation of the rights-of-way for the I isted streets. Mr. Ed Dahlberg, Administrator of the Bozeman Deaconess Hospital, indicated llvacation" is more appropriate language than "eliminate." Commissioner Anderson asked if there is a dollar value placed on the property which the Foundation has agreed to set aside for installation of a jogging trail and cross country skiing trail. Mr. Dahlberg stated there has not been a value placed on the site. He indicated the trail will not cross any streets so it will not be disruptive to traffic and will assure the safety of those using the facility. Commissioner Vant Hull noted the proposed administrative fee to be paid for the IDR bonds is $15,000.00, which is what the Hospital has indicated would be the fee to obtain financing through the State Department of Commerce. The Commissioner questioned that amount and indicated she feels the fee should be higher, although not as high as the fee would be based on the I Commission Resolution. Commissioner Anderson urged that the Resolution dealing with IDR bond administrative fees be reviewed by the staff and returned to the Commission for consideration and possible revision. The Commissioner then stated appreciation for the new item listed in this proposal referring to a conservancy strip and preservation of the ridge. Mr. Dahlberg indicated the Foundation is supportive of the conservancy strip. He then indicated the Foundation is anxious to resolve the issues surrounding the realignment of Highland Boulevard. He stated the new roadway will not only provide adequate access to the 03-19-84 U88 Hospital, but will provide a major arterial transportation route for the area residents. He then indicated it is important to view the whole issue, rather than looking at individual items. Mayor Weaver stated Item No. 12 requires the City's adoption of the long-range goal of constructing the proposed Switzler/Highland Boulevard to a four-lane arterial street section. He noted that priority for FAU funding is established by the PCC, and has been completed. Commissioner Mathre asked about Item No.4, which provides for a limitation on the number of intersections along the realigned Highland Boulevard. I City Manager Wysocki stated the cost of the roadway will be increased if a number of intersections are installed. He also stated the objective is to provide a safe roadway for emergency vehicles; and intersections can create potential traffic problems. Commissioner Vant Hull stated Item No. 14 provides for payment of taxes if the Hospital or Deaconess Foundation leases ground for development of professional offices, clinics, etc., which are tax exempt. She asked if that statement should be more specific to include any development of the site. Mr. Dahlberg stated the Foundation has designated a 90-acre medical campus on the property. He indicated this item is intended to refer to any development of that 90-acre tract. He also stated if payment of taxes is determined not lawful, another method of payment will be pursued. Mayor Weaver indicated the Commission interprets Item No. 14 to include private busi- nesses as well as professional offices and clinics. City Manager Wysocki recommended that the Commission accept the proposal submitted by the Bozeman Deaconess Foundation as a basis for making decisions on the requests for Master Plan Amendment, Zone Map Change and issuance of I ndustrlal Development Revenue bonds. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the proposal for realignment of Highland Boulevard as sub- mitted by the Bozeman Deaconess Foundation and indicate its appreciation to the City Manager and Administrator of the Hospital for their efforts in resolving this issue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner I Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Decision - Master Plan Amendment - Bozeman Deaconess Foundation This was the time and place set for the decision on the Master Plan Amendment requested by the Bozeman Deaconess Foundation. City Manager Wysocki stated the Commission had conducted the public hearing on this item at its regular meeting held on December 19, 1983. He noted the Commission had required that the realignment of Highland Boulevard be satisfactorily resolved prior to consideration of a decision. He indicated that issue has been resolved in the above item and recommended that the Commission approve the Master Plan Amendment, incorporating the fifteen items listed in the proposal submitted by the Bozeman Deaconess Foundation. Senior Planner Lere reminded the Commission that the Master Plan Amendment would change the land use from low- and medium-density residential development to multiple use, for which the performance zoning conditions has not yet been completed. He noted the following request for a Zone Map Change to PLI stipulates what type of development will be allowed on the site. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Master Plan Amendment requested by the Bozeman Deaconess Foundation to change the land use from low- and medium-density residential development to multiple use, subject to the conditions for realignment of Switzler/Highland Boulevard as set forth in the Bozeman Deaconess Foundation proposal dated March 14, 1984, acknowledged by the Commission and set forth in full in the above-listed item. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Decision - Zone Map Chanqe - Bozeman Deaconess Foundation - R-1 and R-2 to PLI - SW-k, Section 8, and NEt, Section 18, T25, R6E, MPM (proposed site for new nospitalT This was the time and place set for the decision on the Zone Map Change requested by the Bozeman Deaconess Foundation to change the present zoning of R-l and R-2 to the proposed 03-19-84 U89 zoning of PLI for that parcel of land located in the SW-k of Section 8 and the NEt of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. This property is the proposed site for the new hospital. City Manager Wysocki stated the Commission had conducted the public hearing on this item at its regular meeting held on December 19, 1983. He noted the Commission had required that the realignment of Highland Boulevard be satisfactorily resolved and the Master Plan I Amendment be approved prior to consideration of a decision. He indicated both items have been resolved in the two above agenda items. The City Manager then stated the Foundation has indicated the necessity for revising the request on a portion of this site to allow for construction of a medical clinic. He recommended the Commission refer this item back to the Zoning Commission for revision. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission refer the Zone Map Change request back to the Zoning Commission for revision and a recommenda- tion to be submitted to the Commission as soon as possible. Mr. Dahlberg, Administrator of the Bozeman Deaconess Hospital, noted the Zone Map Change must be completed before construction on the new hospital can begin. He then re- quested that the Commission consider making a decision on this request at this time; and in- dicated the Foundation will submit the necessary information to the Planning Staff for a new Zone Map Change request. Commissioner Mathre then submitted the following substitute motion. It was moved by Commissioner Mathre, seconded by Cormnissioner Vant Hull, that the Commis- sion approve the Zone Map Change requested by the Bozeman Deaconess Foundation to change the present zoning of R-l and R-2 to the proposed zoning of PLI for that parcel of land located in the SW-k of Section 8 and the NE-k of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, which is the proposed site for the new hospital. 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. I Decision - proposal for I ndustrial Development Revenue Bond issue - Bozeman Deaconess Foundation This was the time and place set for the decision on the proposal for an Industrial Development Revenue Bond issue requested by the Bozeman Deaconess Foundation. City Manager Wysocki stated the Commission had conducted the public hearing on this item at its regular meeting held on December 19, 1983. He noted the Commission had required that the realignment of Highland Boulevard be satisfactorily resolved, the Master Plan Amendment be approved, and the Zone Map Change be approved prior to consideration of a decision. He indicated those items have been resolved in the three above agenda items. The City Manager then stated the Bozeman Deaconess Foundation has indicated it wi II seek a bond issue slightly lower than the initial $17 million on which the public hearing was conducted. He indicated he has spoken with the Foundation1s bond counsel, who has stated the lower bond amount will not adversely affect the request. City Manager Wysocki then recommended approval of the request for issuance of IDR bonds. Commissioner Vant Hull indicated she had supported the previous three items relating to the Foundation request with extreme reservations, including the fact the City does not have the resources to pay its portion of the Special Improvement District costs and must borrow the monies from the Cemetery Perpetual Care Fund. She noted the taxpayers will be required to carry the burden for repayment of the monies, through whatever funding measure is utilized. She also indicated the majority of hospital users are not residents of Bozeman and will not be required to I fund any portion of the road construction. The Commissioner also stated the initial proposal submitted by the Bozeman Deaconess Foundation contained credit for payment of an I DR bond administrative fee in the amount of $32,000.00. It was moved by Commissioner Vant Hull that the Commission approve the issuance of Industrial Development Revenue Bonds in an amount not to exceed $17 million for construction of the new hospital, and that the administrative fee be set at $32,000.00 for the bond issue. The motion failed for lack of a second. 03-19-84 080 Commissioner Jordan expressed support for Commissioner Vant Hull's motion. He stated, however, the proposal submitted by the Bozeman Deaconess Foundation is the result of many nego- tiating sessions; and it would be inappropriate to try to change anything at this time. The Commissioner also stated the road will be beneficial to residents of the city as well as hospital users, and must be installed at some time in the future if not at this time. Mayor Weaver stated the realignment of Highland Boulevard advances the arterial street system and is consistent with concerns expressed at the recent goal setting meetings. He noted I the City will obtain a link in the south side arterial system, which will be impacted with the completion of Kagy Boulevard this summer, at a cost of $200,000.00. Commissioner Anderson stated the City's use of in-house financing for its portion of the costs of the realignment of Highland Boulevard indicates fiscal responsibility. She then stated support for the IDR bond issue for construction of the new hospital. It was then moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the issuance of Industrial Development Revenue Bonds in an amount not to exceed $17 million for construction of a new hospital, and that the administrative fee be set at $15,000.00 for the bond issue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Vant Hull. tate City Manager Wysocki stated Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan asked where the property is located. He also asked if conditions or requirements have been approved to date. Assistant City Manager Barrick indicated the site is located on the west side of North Seventh Avenue, and is currently leased to Theatre Operators, Inc., for use by the Starlite I Drive-In Theatre. City Attorney Crumbaker-Smith stated the documents for signature are simply applications for easements, which must be processed by the State prior to submission of documents for ease- ments. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize and direct the Mayor to sign applications for easements through Lots 16 and 17, Gordon Mandeville State School Section Subdivision, located in the North Seventh Annexation. 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. Absence of Mayor Weaver - Apri I 9, 1984 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the absence of Mayor Weaver from the meeting of April 9, 1984 be authorized in compliance with Section 7-3-4322, M.C.A. 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. Consent Items City Manager Wysocki presented to the Commission the following items. Request - permission to conduct Sweet Pea 184 Parade - Saturday, I August 4, 1984, 10:00 a.m. A Iication for one-da Beer. License - Brid er Bowl Professional Ski atro - arc 24,1984 Authorize Mayor to sign - Change Order No. 1 - SID No. 615 - White-McNeil Excavating, Inc. - add $3,499.80 Authorization to si n - contract with Christian, 5 rin , Sielbach and ssociates or ystic a e am study Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the items as listed above and authorize and direct the appropriate persons to 03-19-84 U81 complete the necessary actions. 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. 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 I of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearing - Conditional Use Permit - William A. Davis, V. - allow a Bed and Breakfast Inn on Lots 11, 12, 13, 14, 15 and 16, Block 108, Northern Pacific Addition (719 North Wallace Avenue) This was the time and place set for the public hearing on the Conditional Use Permit requested by William A. Davis, V., to allow a Bed and Breakfast Inn on Lots 11,12,13,14,15 and 16 of Block 108, Northern Pacific Addition. This site is more commonly known as 719 North Wallace Avenue; and the structure is more commonly known as the Old Lehrkind Mansion. Mayor Weaver opened the public hearing. Senior Planner Steve Lere presented the Staff Report. He stated the subject parcel is located in an M-1, Light Industrial District. He then stated the Zoning Code provides that one nonconforming use may be changed to another nonconforming use if it is determined less than or equal to the existing nonconforming use. He noted the Zoning Commission determined the proposed use as a Bed and Breakfast Inn would be less nonconforming than the existing use as a single- family residence. The Assistant Planner then stated the Zoning Commission recommended approval of the request, subject to six conditions and including a condition that seven off-street parking I spaces be provided. Commissioner Anderson stated after review of the site, she is concerned about any further encroachments in the yard. Mr. William Davis, applicant, stated he has owned the Old Lehrkind Mansion for approxi- mately twenty months, during which time he has undertaken revitalization of the structure as well as the grounds. He stated at the present time the structure is not listed on the Historical Register, but is eligible for listing. He indicated concern that if he were to provide seven off-street parking spaces in the yard area, it could destroy the eligibility for listing since it would be a revision to the original yard design. Mr. Davis stated he has pursued possible uses that would be economically viable and would preserve the integrity of the structure, since use as a single-family residence is not viable. He stated he has developed home tours, and an antique business is located in the building. He indicated he feels use as a Bed and Breakfast I nn would be compatible with the existing uses in the structure and would meet the requirements for listing in the Historical Register. Mr. Davis stated if use as a Bed and Breakfast I nn is approved, he will provide four rooms on the second floor and one suite on the third floor for nightly rentals and eliminate the apartment on the third floor which is currently being used. He indicated re- vitalization has been completed on the first and second floors and are available for immediate occupancy, but the third floor will require modification. Mr. Davis stated he agrees to the conditions recommended by the Zoning Commission except the condition requiring that seven off-street parking spaces be provided. He stated an alternative that could possibly be considered is vacation of East Aspen Street along the property I to provide the required off-street parking. He noted the street is unpaved and is located in one of two historic commercial areas of Bozeman. He also indicated the street is seldom used except by Convenience Disposal in the evenings, and he and his renters park on East Aspen Street. Mr. Davis then stated consideration is being given to renovation of the Haines Studio building, immediately to the north of the subject site, for use as artists' studios and possibly art supplies. He indicated the commercial truck traffic is loud and can cause ground vibrations; and closure of the street adjacent to these historic buildings could provide for long-term stability of the buildings. He also noted the possible relocation of the Coca-Cola bottling plant is being considered. He stated that is currently located in an old and historic building which could be renovated for another use. 03-19-84 '" 092 Commissioner Vant Hull asked if it would be possible to adopt a policy for consideration of requests involving historic structures. City Attorney Crumbaker-Smith stated the applicant must comply with the Zoning Code requirements for any Conditional Use Permit. She indicated only the Board of Adjustment may waive any of those requirements as set forth in the Zoning Code. Mayor Weaver asked if vacation of East Aspen Street can be considered in making a decision on this Conditional Use Permit. I City Manager Wysocki stated possible vacation of East Aspen Street is a totally separate issue which could be considered at another time. He indicated Mr. Davis could submit a request for vacation of the street, and the Commission could conduct a public hearing and make a decision on that request. He also stated Mr. Davis could submit an application for waiver of the parking requirements to the Board of Adjustment. No one was present to speak in opposition to the granting of the Conditional Use Permit'. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Clair Daines - allow an 80-lot PUD for single-family residences on a tract or -land in the SEi, Section 24, T2S, R5E (across South Third Avenue from Figgins Addition) This was the time and place set for the public hearing on the Conditional Use Permit requested by Clair Daines to allow an 80-lot Planned Unit Development for single-family res- idences on a 29. 94-acre tract of land in the SEt of Section 24, Township 2 South, Range 5 East. This parcel is more commonly known as being located at the southwest corner of the intersection of South Third Avenue and Wagon Wheel, and is across South Third Avenue from Figgins Addition. Mayor Weaver opened the public hearing. Senior Planner Steve Lere presented the Staff Report. He stated the Commission has pre- viously considered a request for annexation and a request for rezoning of the subject site. He stated the Commission has approved annexation contingent upon transfer of water rights to the City for a specified amount of water to service development of the property and filing of a I Certificate of Surveyor Preliminary Plat with the Gallatin County Clerk and Recorder, which have not been completed to date. He also noted approval of the Zone Map Change is contingent upon final annexation of the subject parcel. The Senior Planner stated the Zoning Commission reviewed the request and recommended approval, subject to nine conditions, including the condi- tion that the staff re-evaluate the accesses onto Wagon Wheel Road. He stated the Planning Staff met with the Engineering Officer and Director of Public Service, who indicated they feel it is in the best interests of the community to have all three accesses be from Wagon Wheel Road. They noted that until such time as South Seventh Avenue and South Eleventh Avenue are extended south, South Third Avenue is the major arterial into the city; and any access onto South Third Avenue could create a hazardous situation. They also indicated that conversion of either sharp curve bordering the property to a "T" intersection should not be considered until the southern extension of South Seventh Avenue and South Eleventh Avenue has been completed. The Engineering Officer and Director of Public Service did recommend that access be provided onto South Third Avenue approximately half-way between the curve and the existing southern access from Wagon Wheel Road to South Third Avenue, which would be located in the undeveloped tract south of the proposed Planned Unit Development, and that such access be indicated on the drawings of the PUD. Commissioner Anderson asked why three drainage ponds have been proposed for this site, noting the storm drainage master plan submitted by Thomas, Dean and Hoskins, Inc., recommends one large drainage pond for this property. She indicated support for the three drainage ponds, noting they are more aesthetically pleasing as well as the fact they will contain less water and be I less hazardous for children in the area. Senior Planner Lere stated the Engineering Officer has indicated he prefers one detention pond, as recommended in the storm drainage master plan. He then stated the recommended condition for approval has been written so the developer and staff have an opportunity to discuss the matter further and reach a satisfactory agreement. He also indicated the City-County Planning Board has reviewed the Preliminary Plat for the subdivision and has recommended approval with three drainage ponds. 03-19-84 U93 Ms. Linda Brock, architect for the project, submitted an overview of the project. She stated the proposed PUD would provide 81 low-density single-family residential lots which average 11 ,000 square feet is size. She stated the houses in the PUD will sell in the $80,000 to $100,000 range, including all improvement costs. She then indicated the development will have four ameni- ties or special features: (1) curved linear streets which can be easily maintained, running east and west with solar access to all but 10 of the 81 lots; (2) parks and open space, with one park I to be fully developed by the developer; (3) extensive green belt along the north and west boundaries of the project; and (4) control over development of the site, through the developer , and the Homeowners' Association. Mr. Joel Shouse, Consulting Engi neer and Planner for the project, reviewed the storm drainage design. He stated the major reasons for proposing three ponds rather than the one large pond recommended in the storm drainage master plan are (1) aesthetics, with the three smaller ponds being incorporated in the green belt area; and (2) safety, with three ponds con- taining less water than one pond. He noted three smaller ponds will require more maintenance time than one larger pond. Mr. Shouse then indicated the three drainage ponds wi II actually be grassed swales which must be mowed and from which silt must be removed. He stated the ponds will contain water only during spring run-off and after rain storms. He noted water will pro- bably stand in the ponds intermittently for three to four months of the year, with probably not more than four inches at anyone time. Mr. Clair Daines, applicant, stated the three detention ponds are a softer approach to storm water management than one large pond. He then indicated the park which he develops will be grassed, contain trees, and he will install a tot lot. Mr. Daines also stated the streets within the PUD will meet the City's standards for private streets. Commissioner Anderson asked about the status of annexation of the subject property. Mr. Daines indicated the transfer of water rights was transmitted to the City this date. He stated the transfer must be completed and the conversion from agricultural use to municipal use completed prior to annexation. 1 Commissioner Jordan asked if the water rights are seasonal or twelve-month rights. City Attorney Crumbaker-Smith stated the water rights are seasonal for the winter months. Commissioner Vant Hull asked if a Homeowners' Association is effective or if maintenance problems might arise. Mr. Daines noted one of the requirements for a PUD is that the by-laws for the Homeowners' Association be submitted to and approved by the Planning Staff. City Manager Wysocki suggested the possibility of including a provision in the by-laws that if maintenance projects are not completed within a reasonable time following notice from the City that the work must be completed, the City will complete the work and bill either the property owners or the Homeowners' Association. He noted if the provision is placed in the by-laws and the City finds items that require maintenance or improvement, the City could give written notice and a specified time, and if the work is not completed within that time, it could be completed by others at the expense of those in the PU D. Mayor Weaver asked about installation of a sidewalk along South Third Avenue from Graf Street to Kagy Boulevard. Mr. Daines stated he will install a sidewalk along Wagon Wheel Road within the Planned Unit Development. He also stated he will sign a Waiver of Protest of a Special Improvement District for construction of a sidewalk along South Third Avenue. Mr. Bill Mews, whose residence is located at the corner of Heritage Drive and Wagon Wheel Road, stated support of annexation of the subject property. Mr. Mews also stated he supports the Planned Unit Development except for the provision that the only access to the PUD is from .1 Wagon Wheel Road. He stated at least one access should be provided to South Third Avenue to alleviate traffic problems at the intersection of South Third Avenue and Wagon Wheel Road. Mr. Shouse stated he feels conversion of the intersection of South Third Avenue, Wagon Wheel Road and Graf Street from a curve to a "T" would be better than providing an access onto South Third Avenue. He also noted the intersection would help make the transition from county to city traffic. Mayor Weaver closed the public hearing. A decision will be forthcoming after all annexa- tion issues have been resolved and the Ordinance annexing the property has been adopted. 03-19-84 U9lt Discussion - FYI items City Manager Wysocki submitted the following "For Your Information" items to the Commission: (1) Schedule of events for the Health Fair Workshop being sponsored by Montana State University. (2 ) Letter from Esther Nelson, owner of Nelson Mobile Home Park, regarding licensing of businesses. The Commission referred the letter to staff for review and a response. I (3) Letter from Daniel N. March, March Engineering, Inc., regarding audio measurements. The Commission referred the letter to staff for review. (4) Letter from Laurence J. Gaffney, 111 South 20th Avenue, regarding potential issuance of a liquor license near a residential neighborhood. (5) Letter from James L. and Bonnie J. Townsend, 1921 West Olive Street, also regarding potential issuance of a liquor license near a residential neighborhood. (6) Goals assessments consolidation and summary as prepared by Commissioner Mathre. (7) Weekly construction reports submitted by Thomas, Dean and Hoskins. City Manager Wysocki then stated the League of Cities and Towns District No. 10 meeting set for Apri I 6, 1984 has been postponed. He noted the Urban Coalition meeting to be held in Billings on that date has been confirmed. He requested that any suggestions for items of dis- cussion should be submitted as soon as possible so they can be placed on the agenda. Commissioner Vant Hull requested this item be placed on next week's agenda for discussion and possible designation of Commission representation for the meeting. Adjournment - 8:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. 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 I voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission 1 03-19-84