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HomeMy WebLinkAbout1984-08-06 275 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 6, 1984 ************************ The Commission of the City of Bozeman met in a work session in the Commission Room, I Municipal Building, August 6, 1984, at 3:00 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. Work session - Budget for Fiscal Year 1984-85 City Manager Wysocki stated the Commission had set this as the time to conduct a work session on the budget for Fiscal Year 1984-85. He indicated he presented the Commission's letter concerning funding for the Library to the County Commission during their public hearing on Friday. The City Manager also indicated the City has received the final mill valuation of $21,182, which is less than the preliminary mill valuation. He noted that will increase the proposed mill levy from 112.36 to 112.73 mills to fund the City Manager's recommendations for the budget. The Commission began to review the City Manager's recommendations, beginning with the first page. Commissioner Vant Hull asked for an update on the rate of delinquency on tax collections. Director of Finance Swan stated there has been about an 8 percent delinquency rate on tax collections. Commissioner Vant Hull then requested that the Undesignated Reserve be reviewed. City Manager Wysocki stated some contingencies may have an impact on the Undesignated Reserve. He stated the court decision on the financial institutions tax could have a $195,000 I negative impact on the reserve, as well as the potential need to supplement the SID Revolving Fund. Also, a loan to the Water Fund will decrease the reserve until it is paid back in two to three years through rate increases. He noted full funding of the stores inventory provides a positive impact to the Reserve. The City Manager then stated a portion of the accrued vacation and sick leave is funded, as required by State Statute. He noted the operating reserve has adequate funding for two months' payroll to carry the City through the low cash flow period from July through November. He noted his recommendations provide that $114,000 from the FY84 budget be carried over into the FY85 budget rather than placed in the Undesignated Reserve, which has a cash balance of approximately $400,000. Commissioner Mathre asked how much the City has relied on the reserve to meet the pay- roll during the five-month period of low cash flow. She indicated a dislike for registering warrants if it can be avoided. The Director of Finance stated that the City will fall into the General Fund reserve before it is replenished with tax revenues. She also noted that with the provision for pooled cash, if one fund drops below a zero balance, an internal borrowing is completed to pay the bi lis. Director of Finance Swan stated the Undesignated Reserve needs work and requires fiduciary care. She also indicated a $500,000 or $600,000 balance would be better, but must be attained slowly. Commissioner Mathre asked if some expenditures could be delayed until the low cash period is past. City Manager Wysocki stated he has requested that department heads defer large purchases I if possible. He has also requested that he be notified of $10,000 or larger expenditures at least one week prior to payment and that he be notified of $25,000 or larger expenditures as soon as possible. Mayor Weaver expressed concern about the reserve balance being $400,000, indicating he feels a $500,000 or $600,000 balance should be attained as soon as possible. Director of Finance Swan noted approximately $100,000 in Undesignated Reserves was utilized for budget amendments during the past fiscal year. She cautioned the Commission to consider other sources of funding for the budget amendments in the future. 08-06-84 278 Commissioner Vant Hull asked about the light maintenance man, which is included in the budget. The Director of Finance indicated this position has been included in the budget but has been split into the various budget units. She noted that separating this position into its own budget unit will provide for better isolation of the actual costs for this activity. City Manager Wysocki stated that the Commission may wish to consider raising the water rates prior to submitting a request to the PSC, since more than a 12 percent increase is I necessary to meet the bond covenants. He noted the rate increase would decrease the amount to be borrowed from the reserve to support the water system activities. Commissioner Vant Hull asked when hook-up fees for water and sewer should be imple- mented. Director of Finance Swan stated the staff feels the rate increase should be completed prior to implementation of the hook-up fees. She then indicated that if the Commission so desires, the staff could ask the PSC if implementation of the hook-up fees prior to receipt of the rate increases would jeopardize the requested increases. Commissioner Vant Hull asked what a City Court warrant officer would do and whether a uniformed police officer is required for such duties. City Attorney Crumbaker-Smith stated serving warrants is a form of arresting an indivi- dual and must be completed by a uniformed officer. Mayor Weaver stated concern about adding two additional officers to the budget at this time. The Mayor then stated he feels some of the Gas Tax allocation should be appropriated for development of new streets; and the Undesignated Reserve must be maintained. City Manager Wysocki then presented to the Commission a memo providing justification for hiring of two police officers. He noted the Police Division had requested additional personnel, which he did not include in his recommendations. Commissioner Vant Hull stated she feels the two police officers are needed. She noted with the existing police force, the officers are not as visible in some areas of the city as they should be; and hiring of new officers may alleviate some of the problems that exist. I Commissioner Anderson expressed concern about the Undesignated Reserve. She suggested that the Commission consider adding two police officers in next yearls budget rather than in this year's budget. Commissioner Anderson then asked about the proposed planner position. Planning Director Steve Lere stated the new planner would be a long-range planner, who would review the various regulations. Also, the new planner could be assigned to the work program, which has not been completed for the past two years. The Planning Director then stated implementation of the Master Plan is his major concern, and there is not sufficient staff to complete that item at this time. Mayor Weaver asked if the Commission agrees this new position is needed. The Commission concurred that an additional Planner should be hired. City Manager Wysocki noted the transfer from the General Fund for the City-County Planning Department is only $5,727.00; and the majority of the funding for the Department is from carry-over funds from past years. He also noted there are fees for the various services provided by the Planning Department, and it may be desirable to increase those fees to cover a proportionate share of the actual costs. Commissioner Vant Hull noted there is no revenue estimate for annexation fees. The City Manager stated the Commission must implement the annexation fees before the staff can prepare a revenue estimate. Mayor Weaver stated he recognizes the need for a reference librarian. He then suggested that the County be requested to provide 50% of the funding for this position, rather than the I City funding the entire position at this time. Break - 3:55 to 4:00 p.m. Mayor Weaver declared a break at 3:55 p.m., to reconvene at 4:00 p.m., for the purpose of conducting the regular Commission meeting. 08-06-84 271 Roll Call; Pledge of Allegiance and Moment of Silence; Minutes The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 6, 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. I The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 30, 1984 were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Open bids - 1984 Seal Coat Street Improvements This was the time and place set to open the bids on the 1984 Seal Coat Street Improve- ments . City Manager Wysocki stated the bid contains two schedules, Schedule I, Seal Coat Improvements, and Schedule I I, Bituminous Plant Mix Material. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the 1984 Seal Coat Street Improvements 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: Schedule I Schedule II Total Bid Big Sky Paving Company Bozeman, Montana . License No. 4384A $62,355.00 Pioneer Ready Mix I Bozeman, Montana $36,450.00 City Manager Wysocki recommended that the bids be referred to staff for a recommendation to be submitted at next week's meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the - bids be referred to staff for a recommendation. 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. Open bids - Eight (8) inch water well in Bogert Park This was the time and place set to open the bids on the eight (8) inch water well in Bogert Park. The affidavit of publication for the "Call for Bids" as advertised was presented. Clerk of the Commission Sullivan stated no bids had been received. City Manager Wysocki recommended that the project be rebid as soon as possible. Update on preparation of CDBG application - Marcia Youngman Marcia Youngman, Consultant to the Housing Committee, indicated she and Mike Ross, Housing Development Associates, will submit specific recommendations to the Commission at next week's meeting for the Community Development Block Grant application. She then briefly re- viewed those items which have received the greatest public input, noting most of the suggestions center around low- and moderate-income housing. The items include: (1) rental I rehabilitation, in a manner which will not adversely affect the present tenants through increased costs; (2) single-family residential rehabilitation; (3) handicapped access; (4) rehabilitation of a large house for women in transition and their children; and (5) conversion of single-family residences to duplexes in proper zones, particularly for senior citizens. Marcia Youngman stated items under public facilities include (1) upgrading of water lines; (2) modify- ing curbs at intersections for handicapped access; (3) parking for residents of the downtown area; and (4) improvement of a playground area. The consultant then noted under the economic 08-06-84 278 development category, the City has received a letter requesting that CDSG monies be utilized to aid a business in relocating to this community. Marcia then stated the boundaries will be established during this next week, depending upon the results of the survey completed this spring. She noted those boundaries will be deter- mined by the percentage of low- or moderate-income families within the area. She noted the tentative boundaries have been established at Tamarack Street, Olive Street, Third Avenue and B roadway A venue. The consultant stated the application must be submitted to the State by I September 15, 1984; and the consultants need as much time as possible to prepare the applica- tion prior to the final public hearing before the Commission in early September. Marcia Youngman then indicated that a single-purpose grant application seems to be the most competitive and practical type of application to submit at this time. She noted the application must be strong, feasible, simple and fundable to compete with other applications from other governmental entities in Montana. She noted the application could combine housing and neighborhood revitalization in a one-year $500,000 grant application. The Commission thanked Ms. Youngman for her presentation. Request permission to use Lindley Park - Saturday, August 11, 1984 - Christ's Church City Manager Wysocki presented to the Commission a request on behalf of Christ's Church to use Lindley Park on Saturday, August 11, 1984, between 9: 00 a.m. and 5: 00 p.m. for a rummage sale. The City Manager noted the Commission has an unwritten policy that use of City parks for private gain is prohibited, except in specific circumstances such as Sweet Pea. He indi- cated there are other places available for a rummage sale, including the church grounds. City Manager Wysocki then recommended that the Commission deny the request. Mr. Rick Vaught, member of Christls Church, stated he was not aware of the City policy when he reserved the Lindley Park pavilion for the 40-family rummage sale. He indicated he had spoken with the Recreation Department on three separate occasions and had indicated at least the first time that the reservation was for a rummage sale. Mr. Vaught stated he has completed some advertising, and it would be difficult to change the location of the sale at this I time. He noted the original date for the sale was July 21, but the Recreation Department indicated that date was taken, so he changed it to August 11. Mr. Vaught stated after the first advertising appeared, Sue Fadely from the Recreation Department called him and indicated the park could not be used for such activities. Mayor Weaver noted the park reservation sheet specifically I ists four activities, picnic, party, reunion and barbeque; and there is no indication on the form that a rummage sale is planned. The Mayor then asked if the sale will provide financial gain for the individual families or for the church. Mr. Vaught indicated he does not wish to finance the church through rummage sales and noted this is a special project. The Commissioners expressed concern about establishing a precedent by approving this request. Commissioner Anderson also suggested that this policy be a written policy rather than an understood policy to avoid possible future misunderstandings. Mayor Weaver asked Mr. Vaught what the church group would do if this request is dis- approved. Mr. Vaught indicated they have two other possible locations for the rummage sale; and it would be a matter of changing the advertising. Ms. Sue Fadely, Recreation Department, stated the type of activities allowed in the parks are listed on the park reservation form. She stated Mr. Vaught had not filled out the type of activity on the form at the time he submitted it; and when she asked what the park would be used for, he indicated it was for a church activity. Sue indicated that after she read the I advertisement in the newspaper, she called Mr. Vaught and told him that type of activity was not allowed in the City parks, after which he submitted the request currently before the Commission. Mayor Weaver stated he will not support approval of the request. He indicated that the Commission will set a precedent by its action, whether the Commission verbally indicates it is a one-time approval or not. He noted the Commission has a policy which it has upheld in the past; and approval of the request would indicate the Commission's intent to depart from that policy. 08-06-84 279 It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the Commission approve the request submitted by Christ's Church for permission to use Lindley Park on Saturday, August 11, 1984, between the hours of 9:00 a.m. and 5:00 p.m. for a rummage sale, recognizing this is being done on a one-time basis; and authorize and direct the staff to prepare a written policy for adoption by the Commission and add a statement to the park reservation form indicating that the parks are not to be utilized for private gain. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull and Commissioner Mathre; those voting No being Commissioner Jordan and Mayor Weaver. Discussion - proposal re MSU fire protection City Manager Wysocki stated that Craig Roloff, MSU, had discussed this item with the Commission at last week's meeting. He then recommended that t.he Commission approve the Memo- randum of Understanding as presented, noting that annual agreements will be prepared from this Memorandum. Commissioner Vant Hull noted the most recent quarterly Fire Division report figures that 45 percent of the calls were University related. She then noted the Memorandum of Under- standing provides for a rapidly diminishing participation by the University and expressed concern that the level of fire calls will not diminish in the same proportion. Commissioner Jordan noted the Memorandum will provide a great benefit to the community. He then asked if this proposal will allow the City to maintain Fire Station No.2. and add personnel earlier than would be otherwise possible. The City Manager stated this Memorandum will allow the City to keep Fire Station No. 2 open on a full-time basis beginning this fiscal year. He noted that development of the area around the campus must be considered when determining the University's payment each year; and if the pattern changes, the Memorandum should be reviewed. The City Manager stated he anticipates annual review and discussion of the University's participation prior to signing of an I agreement. Mayor Weaver asked if the items can be renegotiated. Craig Roloff stated the Memorandum of Understanding is not a contract, but indicates the intentions of both parties. He noted this was completed because the City requested assurance that the University would participate for more than one year only. Mr. Roloff also noted that this method of maintaining Fire Station No. 2 provides the City with an economical means of providing better fire protection to that portion of the community until it is sufficiently developed to bear the costs. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion declare its intent to enter into an agreement based on the Memorandum of Understanding, and authorize and direct the Mayor and City Manager to sign the Memorandum of Understanding as presented to the Commission at last week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - recommendations submitted by Recreation Advisory Board City Manager Wysocki presented to the Commission the recommendations submitted by the Recreation Advisory Board. He then reviewed each of the six points listed, including (1) that the Recreation Department become a City department, contracting with the School District and the County to provide services; (2) pursuing the creation of special recreation districts; (3) establish user fees for those outside city limits; (4) combine the Parks and Recreation Depart- I ments; (5) establish recreation programs for people of all ages, and that the Recreation Advisory Board be advisory in all phases of recreation; and (6) that the Board be revised to contain five City representatives, one County representative and one School District representa- tive. The City Manager stated that before a new Recreation Director is hired, the City should determine how much supplemental monies will be provided for the operation of the department and the parameters of the department. 08-06-84 28U Following a brief discussion, the Commission concurred that a meeting of the City Commission and Recreation Advisory Board should be held to discuss each of the points listed. The Commission then set the time for the meeting at 7:00 p.m. on next Monday, August 13, since no public hearings are scheduled. B rea k - 5: 1 0 to 5: 20 p. m . Mayor Weaver declared a break at 5:10 p.m.. to reconvene at 5:20 p.m., in accordance I with Commission policy established at their regular meeting of March 14, 1983. Acknowledge receipt - re~uest for creation of special improvement districts for water and sewer mains - Graf's Second Ad ition City Manager Wysocki presented to the Commission a petition signed by property owners in Graf's Second Addition for creation of special improvement districts for water and sewer mains in portions of Graf's Second Addition to the City of Bozeman. The City Manager recommended that the Commission acknowledge receipt of the petition at this time and refer it to staff for further action. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the petition signed by property owners in Graf's Second Addition requesting the creation of special improvement districts for water and sewer mains in portions of Graf's Second Addition, and refer it to staff for further action. 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. Ordinance No. 1165 - providin for communit residential facilities as a conditional use in all residentia zones City Manager Wysocki presented Ordinance No. 1165, as prepared by the City Attorney, entitled: I ORDINANCE NO. 1165 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, ADDING SECTION 18.04.135 AND AMENDING SECTION 18.52.140, PROVIDING FOR A DEFINITION OF COMMUNITY RESIDENTIAL FACILITIES AND ADDING THEM TO THE LIST OF CONDITIONAL USES IN ALL RESIDENTIAL ZONES IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki noted the Commission had provisionally adopted this Ordinance at its July 23, 1984 meeting. He recommended that the Commission now finally adopt Ordinance No. 1165, providing for community residential facilities as a conditional use in all residential zones. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1165, providing for community residential facilities as a conditional use in all residential zones. 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 - FYI items City Manager Wysocki presented the following "For Your Information" items to the Commis- sion: (1) A letter from the Bozeman Firefighters' Association for permission to conduct a Fill-a-Boot Drive for Muscular Dystrophy on August 25, 1984 on the public sidewalk. The City Manager indicated this item will be handled administratively through the revocable permit I process. (2) A salary survey as prepared by the Montana League of Cities and Towns. The Commissioners noted that Bozeman is not listed and requested that the information be added for comparison purposes. Commissioner Jordan also noted he would like to see a salary comparison with cities of approximately the same size. City Manager Wysocki noted that some positions may have similar titles but different duties; and it may be difficult to compare. 08-06-84 . 281 Commissioner Vant Hull indicated the City of Bozeman does not have ceilings for the salaries for various positions and stated she feels a pay classification system with ceilings should be implemented. (3) Weekly construction reports as submitted by Thomas, Dean and Hoskins, Inc., for the water system improvements. I Consent Items Re for 1984 Paving dated Public Fifth between July 1984 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission approve the items as listed, and authorize and direct the appropriate persons to complete the necessary actions. 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. Work session (continued) - Budget for Fiscal Year 1984-85 Commissioner Vant Hull asked if the use of an automated garbage truck would be phased I in over a period of time. City Manager Wysocki stated the City would initially purchase one truck and the necessary containers; and evaluate its performance prior to purchase of a second truck. He noted that item will not be considered during this budget process, but will be discussed under the Capital Improvement Program. The Commission then asked questions about some of the various budget units, as listed in the summary. A-32 Annual Audit. Commissioner Anderson asked if monies for the Certificate of Conformance are included. Director of Finance Swan stated the contract with Coopers and Lybrand for the Fiscal Year 1983-84 audit includes a provision for review and compiling information for the Certificate. She noted most of the preparation of information is being completed in-house. A- 2 Clerk of the Commission. Commissioner Vant Hull asked if the half-time assistant position is needed. City Manager Wysocki indicated the position is needed. A-26 Parks and Playgrounds. Commissioner Jordan suggested that the City maintain the tennis courts, since they represent a sizeable investment. He also suggested that the nets be removed during the winter. Director of Finance Swan stated that resurfacing of the tennis courts at Bogert Park was included in the division requests for the Capital Improvement Program, but that item did not reach the final recommendations for funding last year. I A-16 Gas Tax Apportionment. Mayor Weaver stated he wou Id like to remove $100,000 in anticipated Gas Tax Funds from this budget unit and put it in a separate budget unit for development of the transport ion system. Commissioner Anderson asked if Commission Resolution No. 2503, establishing an Energy Conservation CI PFund, has been considered during this budget process. City Manager Wysocki stated the funding for this item is from energy savings realized during the previous fiscal year. He noted there has been no monies set aside from energy savings for the past fiscal year since the Resolution was just recently adopted. 08-06-84 282 A-12 Police Division. Commissioner Jordan stated additional personnel are needed in the Detective Division. He suggested that if two new officers are hired, one be placed in the Patrol Division and one in the Detective Division. City Manager Wysocki stated he had requested that each division head submit requests for any additional personnel needed, along with justifications and priorities for each. He noted the Chief of Police listed two police officers as the highest priority. Commissioner Vant Hull noted the Detective Division has files which must now be manually I reviewed; and research would be much faster if the information were available on the computer. She asked if the Police Division will be able to get their information on the computer during the upcoming year. City Manager Wysocki stated there is no room on the IBM System/34 which the City is currently using to create the necessary data base. He noted the proposed budget contains ade- quate funding for an IBM System/38, which has a much larger capacity and has the capability of being expanded. Director of Finance Swan stated the program has been written and the terminal has been ordered and is being utilized in the Finance Department until the Police Division can begin using it. . The City Manager then stated a computer has a projected five-year maximum use, and the City is beyond that length of time by at least one year. Commissioner Jordan asked if monies are in the Salaries, Wages and Benefits for the new positions recommended for A-12, Police Division, and A-13, Fire Division. City Manager Wysocki stated the needed monies are included. He then reminded the Commission there was a $22,000 budget amendment during the last fiscal year in the Fire Division to cover a deficit in the amount budgeted for Salaries, Wages and Benefits. A-22 Swim Center and A-23 Bogert Pool. Commissioner Jordan asked if all costs for the Swim Center and Bogert Pool are split. Director of Finance Swan stated Pool Manager Sue Neville's administrative time is not separated, but the personnel and maintenance costs are split. She also noted the revenues are I receipted into the Department of Finance separately, although the revenues are listed as a single unit in the budget document. Mayor Weaver noted the expenditure budgets for the swimming pools total $191,000; and $112,000 in revenues is anticipated. Commissioner Vant Hull stated she feels the amount of money the School District pays for use of the Swim Center should be reviewed, based on the number of hours the schools use the pool. Commissioner Mathre asked if the proposed budgets for the various enterprise funds include rate increases. The City Manager stated the staff is reviewing the existing rates to determine whether they will cover the anticipated expenditures. He noted the enterprise funds should not be subsidized through loans from the General Fund. Recess - 6:00 p.m. Mayor Weaver declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Public hearin John Sobrepena, Mar aret Sobrepena and Daniel Gates - I R -1 to R-3- and lying along Sourdough Road This was the time and place set for the public hearing on the Zone Map Change requested by John Sobrepena, Margaret Sobrepena and Daniel Gates to change the present zoning of RS-l to R-3-T on a 4.9-acre tract located in the SW-k of the NE-k of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian; a 5.34-acre tract located in the SW-k of the NE-k of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian; and Lot 2 of Certificate 08-06-84 283 of Survey No. 203, also located in the SW-k of the NE-k of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. These tracts lie along Sourdough Road in the City of Bozema n . Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the city limit is located along the southern boundary of the subject sites. The Assistant Planner then stated I the Zoning Commission reviewed this item and recommended that the request be disapproved because of the lack of an adequate transportation network as well as water and sanitary sewer faci I ities. Commissioner Vant Hull asked why the "T" designation is listed on this requested Zone Map Change. Assistant Planner Elkins stated the Planning Staff suggested that the "T" designation be attached so that any development of the, subject sites will be reviewed through the conditional use process. Planning Director Steve Lere stated the applicants waited over one year to submit this request until the adoption of the Master Plan. He stated the R-3 zoning requested by the appli- cants is compatible with the Master Plan, which lists this property as residential-mp.dium density. He noted the "T" designation recommended by the Planning Staff provides that all uses allowed under the R-3 zoning, even single family residences, would be reviewed through the public process prior to approval. Commissioner Anderson expressed concern about the traffic circulation in that area. She asked if any assessment had been completed and how this item will be addressed. The Assistant Planner stated one of the Planning Staff's concerns is the fact that there is no connector street to South Willson Avenue between Garfield Street and Lincoln Street; and there is no easement for a connector street to Sourdough Road from the subject parcel. Planning Director Steve Lere noted past transportation plans and master plans have shown East College Street being extended to Sourdough Road. However, there are existing encroachments upon that right-of-way; and with three stream crossings necessary as well as relocation of a I stream, construction of a street is not feasible. He noted the staff is now looking for an alternative connector street, which could possibly be East Garfield Street. Mr. Ron Allen, Allen and Associates, representing the applicants, stated that prior to submitting the request, the applicants discussed the matter with the Planning Staff and added the "T" designation upon their recommendation. Mr. Allen stated a request for rezoning of this parcel from RS-l to R-l was before the Commission several years ago and was denied. Mr. Allen then stated the subject tracts of land are adjacent to University Subdivision. Mr. Allen then showed the Commission a map of the three tracts, indicating where the floodway and flood fringe areas are located. He also noted there are existing homes on each of the three parcels, fronting on Sourdough Road and East Lincoln Street extended. He stated no improvements can be completed in the flood way area; and limited items are allowed in the flood fringe area. He indicated the north-south street through the tracts recommended by the Planning Staff would probably be constructed through the flood area to allow maximum use of those areas not within the floodway. He noted that street will provide access to the two parcels which would otherwise be landlocked. Mr. Allen then reviewed the density in University Subdivision and the density of possible development of the subject tracts, with single-family residences only and with multi-family residences. He noted that development as multi-family residential will create a density equal to or slightly higher than that in University Subdivision, which is also zoned R-3. Mr. Allen stated concern has been expressed about keeping the area along the stream natural. He noted with the designated floodway and flood fringe area, the natural areas will be maintained. I Mr. Allen then stated that if the rezoning is not approved, those tracts of land will probably not be developed. He also noted no development is planned for that portion of the property located between the stream and Sourdough Road. All development is planned between the stream and University Subdivision. Commissioner Vant Hull asked how the sanitary sewer problems will be resolved. Ron Allen stated extension of sanitary sewer lines would be a part of the conditional use process. He also noted development of the subject tracts will not be completed until the sani- tary sewer line is extended; and it must cross neighboring tracts. He then stated a portion of 08-06-84 , 284 East Lincoln Street is dedicated between South Rouse Avenue and Sourdough' Road; but there is an existing structure which may encroach on the right-of-way which is not presently dedicated. Commissioner Jordan asked what would be the rational density of development for the subject tracts of land. Mr. Allen indicated there could probably be approximately four units per acre, which is comparable to the existing single-family housing in that immediate area. He stated that realistically, there would probably be about twenty units built on the three subject tracts of I land. He noted one of the concerns expressed is that the property wi II be densely developed, similar to the Greentree Apartments. He indicated there are no plans for that type of development. Commissioner Vant Hull asked if there is an easement for East Garfield Street between South Rouse Avenue and Sourdough Road. Mr. Allen indicated there is no public easement at this time. He noted there is a private access only. Ms. Eva Douma, daughter and personal representative of Margaret sobrepena, stated her mother owns the 5. 34-acre tract located on the north side of this subject parcel. She stated three acres of that tract are located on the west side of the creek; and one-half acre is located outside the floodway and flood fringe areas. She noted with sufficient landfill, one and three- quarters acres could be developed. Ms. Douma stated the current RS-l zoning makes the land unusable. She also noted a bridge cannot be placed across the creek on this tract because a bridge does not now exist. Ms. Douma then stated many of the neighbors along S~urdough Road have indicated support for the proposed rezoning. She then submitted to the Commission letters of support from Lola M. Nickelson, 1518 South Church Avenue; and Herbert Lessley, Jr., Edith R. Lessley and Herbert Lessley. Commissioner Vant Hull asked if the property will be developed immediately if the Zone Map Change is approved. Ms. Douma stated that if the family did not have the money to install the required im- provements, they would sell the property to a developer. She indicated her mother is living on I Social Security and needs additional income because she is still making payments on this property. Mr. John Sobrepena submitted to the Commission letters of support from James L. and Lois M. Martin, 1330 South Church Avenue; James Dobrowski, 1209 South Montana Avenue; and David Lockie. personal representative for Marie Egner. Mr. Sobrepena noted there is currently no access to the back of his property; and the bridge across the creek on his property is no longer serviceable. He stated the applicants have submitted the request for rezoning so they can develop their properties. Mr. Dan Gates stated the original tract of land on which his house is located was split several years ago; and a right-of-way was dedicated for East Lincoln Street.. He stated there is a six-inch water main to his house; and there is a sewer stub at the property line. Mr. Gates indicated his father, who previously owned the property, requested an R-l zoning; and it was denied because the .adjacent subdivision is zoned R-3. He then indicated a subsequent request for R-3 zoning was also denied because the flood plan and Master Plan revision were not completed. He then submitted to the Commission letters of support from Kenneth L. and Marion Colman, 1307 South Rouse Avenue; and Howard F. Cloninger, 1204 South Rouse Avenue. He also stated the neighbors have indicated they do not foresee any traffic problems from development of these parcels. Mr. Gates noted the proposed rezoning will allow for a variety of residential develop- ment, ranging from single-family to four-plex units. He also noted there are no available R-3 lots at this time, although there is a demand. Mr. Gates then submitted to the Commission pictures of the tracts proposed for rezoning. I Mr. Gates also noted that during the last rezoning attempt, the Commission recommended that several of the property owners in the immediate area submit a single request for rezoning, rather than considering each parcel individually. He stated his neighbor to the south would also like to have his property rezoned, but could not participate in this rezoning request because his property is located outside city limits. Mr. McRay Evans stated his parcel is the one located immediately south of the subject site. He stated support for the proposed rezoning. 08-06-84 285 Mr. Phi( Crowell, representing his parents who reside at 1109 South Church Avenue, just north of the subject site, stated support of the proposed rezoning. He indicated he is presently working on a project with other property owners in the immediate area. He then stated he is willing to grant an easement for utilities and East Garfield Street; and Mr. Bill Martel has verbally indicated a willingness to grant an easement. He also noted the Garfield water trunk line runs along the property. Mr. Crowell then stated Mr. Bob Evans has also indicated an I interest in developing his parcel; and has verbally indicated that he would grant an easement. Mr. Gerald Gates, former owner of the southern parcel under consideration, stated support for the proposed rezoning. Mr. Greg Morgan, 1504 South Rouse Avenue, stated his property is adjacent to the subject parcels, and if this property is developed, a four-plex would probably be located immediately behind his residence. He noted the single-family residential area in which he lives is now in the middle of heavi Iy developed multi-fami Iy residential development to the north and the south, and he feels the current RS-l zoning should be maintained on the subject parcels. He noted if the zoning is changed, all development on the three subject tracts will be located immediately adjacent to University Subdivision, which will infringe on the greenbelt area now located behind the residences. Mr. Morgan, attorney, stated he is also representing Mr. Robert Johnson, 1510 South Rouse Avenue. He indicated Mr. Johnson has also stated opposition to the rezoning for the same reasons he has listed above. Mr. Morgan noted that if the City approves the requested rezoning, it will receive re- quests for rezoning from East Story Street to Kagy Boulevard and questioned whether the City is prepared to accept the financial responsibilities which are inherent in such rezonings. He also noted the previous City Engineer has suggested that the entire area be considered in one request rather than on a piecemeal basis. He then requested that the Commission deny the re- zoning. Mr. Dick Pollina, 1530 South Rouse Avenue, stated opposition to the requested Zone Map I Change. He expressed concern about the potential deterioration of the quality of life in the single-family residential neighborhood if mUlti-family residential units are constructed on the subject property. Mr. Pollina stated the City should maintain the areas of great beauty in the city, which the greenbelt through the subject properties provides. He then suggested that the property could possibly be rezoned R-l, which would allow development of the properties in a manner which would be compatible with existing uses. Mr. Pollina also expressed concern that development within the flood fringe area could possible increase flooding potential to the residences along South Rouse Avenue. He then presented to the Commission a letter from Mr. Dale Bergland, 1636 South Rouse Avenue, also expressing opposition to the proposed rezoning. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Break - 8:00 to 8:10 p.m. Mayor Weaver declared a break at 8:00 p.m., to reconvene at 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. e - Adolph Solvie and - 4.01 acres locate This was the time and place set for the public hearing on the Zone Map Change requested by Adolph Solvie and Daniel Felska, for George E. Westlake and Kay H. Martinen. to change the present zoning of RS-l, Residential-Suburban Country Estates, one-acre tracts, to B-2, I Community Highway Business, on a 4.01-acre tract of land located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is more commonly located east of North Seventh Avenue and south of the 1-90 interchange in the City of Bozeman. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject land is a portion of the tract upon which Felska/Solvie has proposed construction of a convention I hotel center. Ms. Elkins then noted the subject tract is surrounded on three sides by B-2 zoning. She also indicated the Commission recently approved a Master Plan Amendment for the subject tract, designating it as a commercial area. The Assistant Planner stated the Planning 08-06-84 286 Staff recommended approval of the request as submitted. She noted the Zoning Commission re- viewed this Zone Map Change request and recommended that it be approved with a "T, II Transitional Overlay, attached, due to concern about the future location of an east-west thoroughfare connect- ing North Seventh Avenue and North Rouse Avenue. She stated the Zoning Commission also recommended that a decision on this item be deferred until annexation of the parcel is completed. Commissioner Mathre asked if there are any "T" designations on the property surrounding I this site. Assistant Planner Elkins noted none of the tracts immediately surrounding the subject tract have a "T" attached, but some of the properties to the north do have a 8-2- T zoning designation. Commissioner Mathre then asked if the "T" designation would guarantee review of Oak Street, which is already dedicated. Planning Director Steve Lere noted that during the Master Plan Amendment public hearing, dedication of Oak Street along the subject site was guaranteed. He indicated the only reason to review Oak Street through a conditional use process would be to require immediate construction of that portion of Oak Street along the site. Mr. John Taylor, architect representing Felska/Solvie, stated the reason the Zoning Com- mission recommended addition of the liT" designation has already been resolved. Commissioner Jordan noted the Commission tentatively approved vacation of approximately one block of Baxter Lane through this site. He then asked if the "T" designation would provide for review of the possible construction of Oak Street past the subject site, then going north to Baxter extended and east to North Rouse Avenue. City Manager Wysocki stated brief conversations with Director of Public Service Holmes indicate it is unlikely Baxter Lane will be extended between North Seventh Avenue and North Rouse Avenue because of its proximity to the interstate overpass and railroad crossing. He noted the east-west connector street wi II probably be located as far south as possible on North Rouse Avenue to avoid conflict with the existing facilities. I No one was present to speak in opposition to the granting of the Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearin - Master Plan Amendment - Henr D ksterhouse Blackketter - remove deSignation 0 a stream corrl or rom tract 0 an 0 ectlon 11, T2S, R5E, MPM (West Babcock Street) This was the time and place set for the public hearing on the Master Plan Amendment requested by Henry Dyksterhouse and Dennis Blackketter to remove the designation of a stream corridor from a tract of land located in the Wi SE-k NE-k of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is more commonly located in the Barrick Annexation, along West Babcock Street in the City of Bozeman. Mayor Weaver opened the public hearing. Planning Director Steve Lere presented the Staff Report. He stated the water course in question begins at the Farmers' Canal, under Highway No. 191, under a portion of the Main Mall, through the Barrick Annexation, under Durston Road and ends on Roger Smith's property. The Planning Director noted the applicants have requested that the stream corridor designation be removed from this tract of land on the land use map and the Master Plan. Planning Director Lere stated the Planning staff has reviewed this request with the Soil Conservation Service and the Fish, Wildlife and Parks Department. He stated the FWP Department shocked the water course and found there is no fish population. He noted the water flow de- creases to the north; and the water course looks like a ditch. The Planning Director stated I this water course has been listed as a stream on the land use maps and in the Master Plan because the Environmental Impact Statement completed for Main Mall, referred to the water course as a stream. Planning Director Lere then stated the City-County Planning Board reviewed this Master Plan Amendment and recommended approval. Commissioner Jordan asked if the applicants would be required to obtain a permit to alter or change the water course. The Planning Director stated a 310 permit would be required through the SCS and FWP Department before the water course could be altered. 08-06-84 281 Commissioner Mathre asked if the 35-foot setback would be required if the stream corridor designation is removed. Planning Director Lere indicated it would not be. Mr. Gary Butcher, 3017 West Babcock Street, stated the neighborhood is concerned about possible covering of the ditch. He noted his house is located just west of the irrigation ditch; and his property has been flooded three times this spring and summer. He stated if the ditch I were to be culverted north of West Babcock Street, it would increase the chances of flooding the residences in the immediate area. Mr. Butcher noted part of the flooding is caused by the storm drainage system in the Main Mall parking lot dumping large volumes of water into the ditch. He indicated he would like a commitment that the ditch would be left open so that no further flooding potential would be created. Mr. Butcher also indicated he has water rights in the ditch. The Planning Director stated possible alteration of the ditch would be reviewed during the subdivision review. No one was present to speak in opposition to the granting of the Master Plan Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Work session (continued) - Budget for Fiscal Year 1984-85 City Manager Wysocki stated that participation with the County in the West law computer legal research is included in the proposed items for funding in the City Attorney's budget unit. He stated a training session for using the Westlaw system wi II be conducted on Wednesday; and the City Attorney would like to attend that session if it appears that item will not be cut from the budget. City Attorney Crumbaker-Smith stated $4,000.00 in the Contracted Services line item is for this subscription. It was the general consensus of the Commission that this item will remain in the budget. Mayor Weaver then stated the Commission must set a time for the next work session on I the budget. The Commission set 3: 00 p. m. on Thursday, August 9, 1984, as the time to conduct the next work session on the budget for FY85. Adjournment - .8:30 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 08-06-84