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HomeMy WebLinkAbout1984-10-09 . 372 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 9, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 9, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki, Assistant City Manager Barrick, Acting City Attorney Seel and Clerk of the Commis- sion Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of October 1, 1984 were approved as amended. Action on the minutes of the regular meeting of September 24, 1984 was deferred for a period of one week. Decision - Master Plan Amendment - Roger Smith - change land use designation from medium- density residential to multi-use (Annie Subdivision along Durston Road) This was the time and place set for the decision on the Master Plan Amendment requested by Roger Smith to change the land use designation for Annie Subdivision from medium-density residential to multi-use. This site is located along the north side of Durston Road immediately west of North Nineteenth Avenue extended. Commissioner Mathre noted concerns have been expressed about the anticipated traffic impacts this subdivision would have on Durston Road. She suggested that the Commission consider adoption of a policy for implementation of the SID process when it is determined a roadway needs improvement due to the traffic impacts created by development of an area. The Commissioner noted that West Babcock Street and Durston Road will become heavily impacted when all of the pending developments along the west side of the city are undertaken. Commis- sioner Mathre then stated she does not feel this concern should be considered during this I proposed Master Plan Amendment but should be considered during the next step in the process for development of this site. Mayor Weaver requested that discussion on the development of a policy for scheduling of roadway improvements be placed on the agenda as soon as possible. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Master Plan Amendment requested by Roger Smith to change the land use designation for Annie Subdivision, located north of Durston Road and west of North Nine- teenth Avenue extended, from medium-density residential to multi-use. 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. Decision - Conditional Use Permit - Heritage Christian School - allow expansion of existing school (425 North Ida Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by Heritage Christian School to allow the expansion of the existing school located at 425 North Ida Avenue. City Manager Wysocki stated the Commission has conducted the public hearing on this item. He then concurred in the Zoning Commission's recommendation that this request be approved, subject to eleven conditions. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission approve the Conditional Use Permit requested by Heritage Christian School to allow expansion of the existing school at 425 North Ida Avenue, subject to the following conditions as recommended by the Zoning Commission: 1. That the paving and drainage plans be reviewed and approved by the City Engineering Officer prior to final site plan approval. 2. That shaded security lighting be provided for the off-street parking area. 10-09-84 . 373 3. That the parking area in front of the structure on Ida Street be closed off and replaced to meet the landscaping requirements of the Zoning Code. 4. That the sidewalk along North Ida Avenue be inspected by the City Engineering Officer to ensure its safety. If repair is needed, the Engineering Officer may direct it at that time. 5. That the property be fenced to help ensure the safety of the school's I students. 6. That a Waiver of Protest be signed for the possible future improvement to Ida and Brady Avenues. The waiver for Brady Avenue should be conditioned to not require the school's participation if they are not going to use that facility to gain access to their off-street parking facilities. 7. That the Planning Staff receive a written statement from the Building Official and Fire Marshall stating that the structure is safe to utilize for a classroom prior to final site approval. 8. That the developer enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to in- stallation of the improvements, it must be secured by a method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans and methods of security shall be made part of that agreement. 9. Three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission must be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval prior to issuance of a building permit. One (1) signed copy shall be retained by the Building Department; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 10. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. I 11. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to permanent renewal of the permit at the end of that period, the applicant must satisfy all conditions in the granting of the permit. An on-site inspection will he made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. - Hank Dyksterhouse and Dennis Blackketter - a cock, a portIOn 0 t e property etween This was the time and place set for review of the Preliminary Plat submitted by Hank Dyksterhouse and Dennis Blackketter for Westgate Subdivision, located in the Wi SW-k NW-k of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly located immediately north of West Babcock Street, lying between Western and Valley Drives. Planning Director Steve Lere presented the Staff Report. He stated the subject site, which is 10.59 acres in size, is located within the City limits and is currently zoned R-3, Residential--Medium-density. He stated if this Preliminary Plat is approved it would allow 21 multi-family lots on which, through the PUD process, 84 units could be constructed. I Planning Director Lere stated the Recreation Advisory Board has reviewed the Pre- liminary Plat and recommended that the proposed park land be eliminated and that a cash-in-Iieu payment be required due to the small size of the park land required. The Recreation Advisory Board also recommended that the monies received from this payment be earmarked for improvement of park land on the tract immediately to the north when it is developed. The Planning Director also stated that Denny Way will be extended to Durston Road as that immediate area is developed. 10-09-84 37'lt Planning Director Lere then stated concern was raised during the City-County Planning Board meeting about the traffic impact this subdivision would have on West Babcock Street with the existing mailboxes, pedestrians and bicycles competing with vehicular traffic. The Planning Director noted the Commission recently approved the Preliminary Plat for Sapphire Subdivision, which lies just south of the subject tract, and the Preliminary Plat for Valley Unit Subdivision, Phase 2, will be submitted to the Planning Board at its next meeting. Planning Director Lere noted the Planning Board has also submitted a letter expressing concern about the traffic I impact that development of this immediate area may have on West Babcock Street. Planning Director Lere then stated the City-County Planning Board recommended approval, subject to sixteen conditions. Commissioner Vant Hull asked why improvement of Durston Road has not been addressed in the conditions for approval of this Preliminary Plat. The Planning Director stated the Westgate Subdivision will not have access onto Durston Road. Commissioner Vant Hull then expressed concern about the recommendation to waive the requirement for an Environmental Impact Statement. She asked if such a waiver could create legal problems in the future. Planning Director Lere stated an Environmental Impact Statement was required during the annexation process approximately five years ago and was reviewed during the Zone Map Change request. Acting City Attorney Karl Seel stated he feels the previously prepared EIS should be satisfactory to cover this process. Commissioner Mathre questioned whether the City could require that the developers of Westgate Subdivision participate in installation of a traffic signal at the intersection of West Main Street and West Babcock Street. The Planning Director stated the installation of a traffic signal at the intersection could be included in a Special Improvement District. Mr. Rick Kerin, consulting engineer representing the applicants, stated the applicants I have reviewed the conditions recommended by the City-County Planning Board and generally agree with them, except the requirement in Condition No. 3 concerning the installation of sidewalks. He noted at the present time, the developers do not know where the curb cuts will be located, and a six-inch sidewalk is required in those areas rather than the standard four- inch sidewalk. Mr. Kerin indicated the developers would prefer to install the sidewalks as the area is developed rather than immediately. Planning Director Lere stated Director of Public Service Holmes and Engineering Officer Mann have indicated they would prefer immediate installation of the sidewalks. Commissioner Vant Hull asked what costs the developer would face to install a deeper section of the sidewalk when the driveway is installed. Mr. Howard Barrick, contractor, stated when large trucks are gaining access to the actual construction site, they may cross any previously installed sidewalk at any point within the property lines. He indicated if the sidewalks are installed prior to completion of the structure, as much as two-thirds of the sidewalk may require replacement. Commissioner Mathre suggested that installation of the sidewalks be required at the time of development of a lot. Mr. Kerin stated the applicants desire the flexibility to negotiate with the staff on installation of the sidewalks. City Manager Wysocki recommended that the Commission approve the Preliminary Plat for Westgate Subdivision, subject to the sixteen conditions recommended by the City-County Planning Board and authorizing the City staff to meet with the applicants concerning the time at which I sidewalks must be installed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Preliminary Plat submitted by Hank Dyksterhouse and Dennis Blackketter for Westgate Subdivision, located north of West Babcock Street, between Western and Valley Drives, subject to the following conditions, and authorizing the City staff to meet with the applicants concerning the time at which sidewalks must be installed: 1. That the publ ic right-of-way for Denny Way be centered over the existing sanitary sewer. 10-09-84 315 2. That the temporary cul-de-sac be located on the property in question or that a letter from the owner of the property where the cul-de-sac is to be located be obtained giving the developer a turn-around easement. 3. That sidewalks be built along the southern property boundary along West Babcock Street and that sidewalks be provided on both sides of Denny Way. 4. That a certificate of dedication be provided to the public for the street I rights-of-way, including West Babcock Street. 5. That a storm drainage plan be reviewed and approved by the City Engineering Officer. 6. That the dead end water main be increased from a 6 inch pipe to an 8 inch pipe. 7. That the water main be located on the west side of the sanitary sewer line. 8. That the P. U. D. tracts be labeled as lots rather than tracts. 9. That the portion of the 12 inch sewer trunk line that crosses Lot 11 be relocated so that it is within the right-of-way. 10. That one additional fire hydrant be lotated on the corner of Babcock Street and Denny Way. 11. That the park land requirement be satisfied with cash-in-lieu for the entire requirement. 12. That all required certificates be shown on the final site plat. 13. That the developer sign a waiver of protest for the creation of 5.1. D. IS , for the future improvements of West Babcock Street and the intersection of West Babcock Street and West Main Street, and/or other means of funding improvements to Babcock Street prior to development. 14. That, if covenants are to be used, they be reviewed and approved by the Planning Staff. I 15. That, if the plat is to be filed prior to all improvements being installed and approved by the City of Bozeman, the developer enter into an Improvements Agreement with the City of Bozeman, and that it be secured by an acceptable method of security equal to the amount of the cost of installation on the remaining scheduled improvements. Also, plans and specifications for construction must be approved per Sections 2.5 and 10.2.1 prior to submittal of final plats. The Improvements Agreement will contain a construction time schedule and a method of payment to the City of Bozeman for the inspection of the improvements installation. 16. That the existing irrigation ditch be piped, or that the final plat show the required easements to maintain the ditch. 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. the streets near his residence - City Manager Wysocki stated Mr. Walt Miller, 201 South Fifth Avenue, has requested an opportunity to address the Commission concerning parking along West Olive Street and South Fifth Avenue near his residence. Mr. Walt Miller indicated he has talked to various members of the City staff during the past several years concerning the parking problems near his residence. He stated he has a I small lot on the corner, since the lot was split and a residence constructed on what was originally the back half of the lot. He indicated his residence is located 15 feet from the rear property line, 15 feet from West Olive Street, 15 feet from South Fifth Avenue, and 10 feet from the side property line. He noted this small lot provides no place for off-street parking. Mr. Miller then outlined some of the various parking and traffic problems he has seen on the streets and in the alleys during the past few years. He noted there are approximately 26 houses in the area of concern, and only eight or ten of those residences have garages in use. He also stated there are ten to fifteen people living in the house located at 215 South Fifth Avenue, and they have about nine cars. Mr. Miller stated it is sometimes difficult to park in 10-09-84 376 front of his house because of all the cars parked along the street and requested that the Commission take action to alleviate the problem. Mr. Miller stated he has lived in his residence for 34 years. He noted many college students currently live in the area; and many couples have two vehicles, both of which are often parked on the street. Mayor Weaver noted the street is a public right-of-way; and the City currently has an . ordinance which prohibits parking for longer than 48 hours on the street. He then stated no I person has exclusive rights to parking on the public right-of-way. The Mayor then requested that the staff review this item and submit a report to the Commission at next week's meeting. Break - 5:00 to 5:10 p.m. Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request to address Commission - Foundation for Constitutional Education - Jennifer Hill City Manager Wysocki stated Ms. Jennifer Hill has requested permission to address the Commission at this time. Ms. Jennifer Hill, member of the Foundation for Constitutional Education, stated the organization was formed for the purpose of educating the public on the rights, responsibilities and privileges provided under the United States Constitution. She stated this education is based on the Biblical provisions, upon which the Constitution was initially written. Ms. Hill then invited the Commissioners to attend a seminar to be held at the Bozeman Senior Citizen Social Center on Saturday, October 20, 1984. She indicated there is a $15.00 registration fee for this seminar. Acknowledge receipt of request for I DR bond issue - Buz Cowdrey City Manager Wysocki presented to the Commission an application for issuance of $950,000.00 in Industrial Development Revenue Bonds, along with the required fee, for the I purpose of constructing a 32-unit apartment complex at the corner of West Dickerson Street and South 22nd Avenue, as submitted by Marvin R. (Buz) and Judy G. Cowdrey. The City Manager noted a portion of the apartments would be made available to low- and moderate-income families. City Manager Wysocki then recommended that the Commission acknowledge receipt of the application and refer it to staff for review and a report to be submitted to the Commission on October 22, 1984. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the application submitted by Marvin R. (Buz) and Judy G. Cowdrey for a $950,000.00 Industrial Development Revenue bond issue and refer it to staff, with a recommendation to be submitted to the Commission on October 22, 1984. 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. Consideration of request for authorization to tie onto sewer line - Jessie S. Wilber and Frances M. Senska, 2125 Sourdough Road City Manager Wysocki presented to the Commission a request submitted by Jessie S. Wilber and Frances M. Senska for authorization to tie onto the City's sewer line. The City Manager stated Ms. Wilber and Ms. Senska have signed a Waiver of Right to Protest Annexa- tion; and their property lies within the City's sewer service district. Also, a stub was in- stalled at the applicants' cost during the paving of Kagy Boulevard, so the pavement will not I need to be cut to allow a tie onto the sewer at that point. He then recommended that the Commission authorize their tying onto the sewer system. Ms. Frances Senska indicated the applicants have previously requested annexation. She stated they have had no problems with their septic tanks to date, but if they were to do so, it might be difficult to find a place in which to install new tanks. She indicated the present septic system is located quite a distance from the creek and should have no effect on it. 10-09-84 3"71 Commissioner Mathre noted that Section 13.32.030 of the Bozeman Municipal Code lists five criteria for consideration of requests to extend the sewer service outside city limits, as follows: 1. Orderly growth and development of the city -- This property is adjacent to the city limits. 2. Water and land pollution abatement or control -- Removal of septic tanks whenever I possible improves sanitation. Also, the creek is located close to the subject property; and its water quality should be maintained if possible. 3. Need of persons or industries requesting service as determined by the City Commis- sion -- The needs exists for this service. 4. Capacity of the utility system of the City to serve property outside of the city limits of the city -- The capacity to service this property is adequate. 5. Extension of water or sewer service facilities outside of the city limits will not be approved if the property to be served has been determined by an engineering analysis to be outside of the areas that the existing water system, sewer collection system and sewage treatment facilities are designed and constructed to serve -- this property lies within the present sewer collection system and the area to be serviced by the sewage treatment facilities. The Commissioners concurred in the five criteria and the justifications which Commis- sioner Mathre had presented for each one. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the request submitted by Jessie S. Wilber and Frances M. Senska for authorization to tie onto the City's sewer line at 2125 Sourdough Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I Designation of Votin Dele ate to the N LC Con ress of Cities to be held November 24-28, 1984, In n lana City Manager Wysocki stated the Commission must designate a voting delegate for the National League of Cities Congress of Cities to be held in Indianapolis, Indiana, on November 24-28, 1984. Mayor Weaver stated Commissioner Anderson has indicated she plans to attend the Congress of Cities. He then suggested that she be designated as the voting delegate. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission designate Commissioner Anderson as the City's voting delegate at the National League of Cities Congress of Cities to be held in Indianapolis, Indiana, on November 24-28, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. Commissioner Anderson abstained. Review of draft letter by Commissioner Jordan to the Toxic Waste Bureau in Helena City Manager Wysocki presented to the Commission a draft letter, as prepared by Commis- sioner Jordan, to the Toxic Waste Bureau in Helena, concerning the transportation of hazardous wastes through the state. Commissioner Jordan stated if the Commission agrees with the basic principles of the letter, he feels the other governmental entities in the county should be contacted to see if they would be willing to endorse the letter also. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission indicate its intent to send the draft letter, with minor revisions, to the Toxic Waste Bureau in Helena, and authorize Commissioner Jordan to contact other governmental entities within the county concerning endorsement of this letter. 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. 10-09-84 378 Acknowledge receipt of Pedestrian Safety Citation for 1983 from the American Automobile Association Director of Public Safety Barrick presented to the Commission the 1983 Pedestrian Safety Citation from the American Automobile Association. The Director of Publ ic Safety stated 284 awards were presented across the country for 1983 in the 2500 participating cities. He noted the safety awards are awarded on an annual basis, in those communities which have had no fatalities during the calendar year. He then stated this award is the result of one of the Police I Division's major efforts, which is to provide pedestrian safety. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the Pedestrian Safety Citation for 1983, and direct that thank-you letters be sent to the Pedestrian/Traffic Safety Committee, Police Division and Director of Public Safety. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant l:Iull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Ordinance No. 1169 - Salary Ordinance for Director of Finance for the remainder of FY1985 City Manager Wysocki presented Ordinance No. 1169, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1169 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE FINANCE DIRECTOR OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. City Manager Wysocki requested that the Commission revise the amounts listed in the Ordinance to reflect an annual salary of $29,520.00 and a monthly salary of $2,460.00. He noted the revision in the salary for this position reflects the change in personnel. Commissioner Jordan suggested that the staff review the amount of the official bond, indicating it should possibly be increased by a substantial amount. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the I Commission provisionally adopt Ordinance No. 1169 as revised 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 Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Building I nspection Division report for September 1984 City Manager Wysocki presented to the Commission the Building Inspection Division report for the month of September 1984. He recommended that the Commission acknowledge receipt of the report and order it filed. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the Building I nspection Division report for September 1984 and order it filed. 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. Appointment of Subcommittee to review Pledged Securities as of September 30, 1984 City Manager Wysocki stated the Commission must appoint a subcommittee to review the Pledged Securities as of September 30, 1984, as provided by State Statutes. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Commissioner Mathre and Commissioner Vant Hull to the subcommittee to review the Pledged Securities as of September 30, 1984. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items: 10-09-84 378 (1) A response from Senator Max Baucus to Mayor Weaver concerning H. B. 4103, which would provide a national policy regarding cable television. (2) A letter from the Department of Natural Resources and Conservation acknowledging receipt of the Commission's letter of support for Dr. Stephan Custer's grant proposal for the Bozeman fan groundwater exploration project. (3) An internal memo from the Fire Division concerning Fire Prevention Week and I accompanying activities. (4) A copy of a proposed revision to the annexation policy, affecting Section 4 of Part 2 of Commission Resolution No. 2524. The City Manager indicated this will be placed on an agenda in the near future for discussion. (5) A letter to be sent to all candidates concerning placement of campaign signs. The City Manager indicated a copy of this letter will also be sent to the party chairmen. (6) Weekly construction reports from Thomas, Dean and- Hoskins, Inc., for the water system improvements. (7) The City Manager made the following announcements: (a) An Interagency Breakfast will be held tomorrow morning at 7:00 a.m. Mayor Weaver and Commissioner Anderson indicated they will be attending that meeting. (b) The auditors have completed their field work. He indicated they tentatively plan to meet with the Audit Committee on October 22, 1984 and with the Commission immediately following that meeting. Following receipt of the audit, the City staff will begin work on the MFOA Certificate of Conformance. (c) At last night's meeting, the School Board voted for dissolution of the Interlocal Agreement for the Recreation Department. No replacement agreement has been prepared for consideration at this time. The City Manager indicated he will meet with Dr. Keith Chambers, Superintendent of Schools, to discuss the school's participation in the recreation program. (8) Commissioner Vant Hull indicated she attended a BPOA meeting last week at which the candidates for the Local Government Study Commission were also present. She stated she I took minutes during the meeting and will distribute those minutes to the Commissioners in their boxes during the' week. Adjournment - 5:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 10-09-84