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HomeMy WebLinkAbout1984-11-05 41U MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 5, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 5, 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, City Attorney Crumbaker-Smith and Clerk of the Commission Sull ivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of October 29, 1984 were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Jordan requested that the application for a Gaming License for one live keno game submitted by the Sundance Saloon be removed for discussion. Introductions to the Commission City Manager Wysocki introduced two persons to the Commission. The first individual was Mr. Bob Brownell, who was participating in the Ag Appreciation Week sponsored by the Chamber of Commerce. City Manager Wysocki stated Mr. Brownell has served as Acting City Manager for the day. He noted that on Wednesday, he would work with Mr. Brownell on his ranch, which is located ten miles north of Belgrade in the Dry Creek area. Mr. Brownell stated his appreciation for the opportunity to work with the City Manager and for the exposure to this type of working environment. City Manager Wysocki then introduced Mr. Charles McKinney, the new Director of Finance, to the City Commission. The Commission welcomed Mr. McKinney to Bozeman and to the City government. Update on cable television franchise study; concerns on citizen participation - Roxie Smith I City Manager Wysocki stated that Roxie Smith had requested this morning that this item be deferred for a period of one week because several members of the Cable Television Study Committee were unable to attend this meeting. Request for extension of sanitary sewer service for Bridger Canyon Townhouse project - Rex Clark City Manager Wysocki presented to the Commission a request submitted by Rex Clark on behalf of the owners of a 13-acre tract of land for extension of the sanitary sewer line to service the proposed Bridger Canyon Townhouse project. The City Manager submitted to the Commission several memos and letters from Engineering Officer Neil Mann concerning the exten- sion of the City's sanitary sewer service to the subject property. The City Manager stated the applicants had initially submitted a request for annexation of this property, but subsequent to the staff report prepared by the Planning Staff, the petitioners decided to withdraw the request for annexation and submit a request for extension of the sanitary sewer service. City Manager Wysocki stated the memos indicate a number of items which must be deter- mined. One of the primary concerns is the crossing of Rocky Creek. Also, the condition of the private sewer system in that immediate area, which has never been accepted by the City, must be carefully reviewed. The City Manager stated he feels the questions and concerns should be addressed prior to acceptance of the private sewer system and approval of the re- quested sewer system extension. I Mayor Weaver asked if approval of this request would be a departure from the previous City policy not to extend central services beyond the city limits. City Manager Wysocki stated the policy has been to maintain water and sewer services within the city limits. He then stated the Code provides that the City may extend sewer service to areas lying outside the city limits but within the sewer service district, subject to five criteria. The City Manager noted the Waste Water Treatment Plant was constructed with the use of federal monies; but the City's water system is totally owned by the City and can be considered in a different manner. 11-05-84 Lrl1 Mr. Toby Alback, attorney representing Bach Enterprises, the applicant, stated the subject 13-acre tract of land is located between Bridger Drive and Hillside Lane, east of Story Mill Road. Mr. Alback stated the applicants have requested an extension of the sanitary sewer service so that the subject property can be developed. Commissioner Vant Hull noted the subject property apparently does not meet the criteria established in the annexation policy recently adopted by the Commission. She then asked if the I applicants would be willing to sign a Waiver of Protest of Annexation if the sewer line extension is approved. Mr. Alback stated a Waiver of Protest of Annexation has been signed by Bach Enter- prises and Mr. Dave Vogel, who has a residence adjacent to the subject property. Commissioner Vant Hull then asked if it would be appropriate to consider requiring a payment-in-lieu of taxes if the sewer line is to be extended but the property not to be annexed for several years. City Manager Wysocki stated the staff must review that question carefully and will submit a response after that review. Commissioner Anderson asked how the stream crossing concerns wi II be addressed. Mr. Alback stated the Soil Conservation Service, Fish and Game Department, consulting engineers and City Engineering Officer will be involved in development of the stream crossing. The Attorney then requested that the Commission consider conditional approval of the sewer extension request at this time, with the specific conditions to be prepared and adopted at a future meeting. City Manager Wysocki stated there are many problems to be addressed at this time; and he questioned whether all of the questions have been asked at this point. He then indicated the applicants have begun the process for obtaining a 310 Permit from the Soil Conservation Service. The Water Quality Bureau is also interested in the location of the line in the creek. The City Manager stated he feels the City needs answers to many questions before it makes any decisions. He then recommended that the conditions be established in writing prior to any I Commission action. Mayor Weaver concurred with the City Manager's recommendation. He indicated all parties should be aware of the conditions being considered prior to any Commission action. Commissioner Anderson asked if the private sewer line has had any leakage tests or television monitoring since installation. The City Manager stated no tests have been done on that private sewer line. Mr. Alback asked for a time line of actions to be completed prior to Commission action on this item. City Manager Wysocki stated other agencies are also involved and must approve the requested sewer extension, especially at the crossing of Rocky Creek. He then indicated the staff will review the matter and submit an estimated time line to the Commission in two weeks. Staff report - request for annexation - Ralph K. and Steven R. Aaker - 10.0 acre tract located along west side of South Nineteenth Avenue, just south of the Vet Research Lab City Manager Wysocki stated the Planning Staff has completed the staff report on the annexation request submitted by Ralph K. and Steven R. Aaker for a 10. O-acre tract of land located in the Southeast one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. The subject tract is more commonly located along the west side of South Nineteenth Avenue, just south of the Montana State University Veterinary Research Laboratory. Assistant Planner Marcia Elkins presented the staff report. She stated the subject site contains two parcels, a small portion of which extends north to West Lincoln Street extended. I The Assistant Planner noted that annexation of the subject site will create a small peninsula of property between the Montana State University property and the subject site, and that property lies within the 300-foot buffer strip requested by MSU. She then stated the appl icants and MSU are now considering a land swap that includes that peninsula of property, which the Planning Staff recommends be included in the annexation. The Land Use Plan designates this parcel as Multi-Use. The property is currently zoned AS, Agricultural Suburban; and the applicants have submitted a request for rezoning to R-4, Residential--Medium-density Apartment. 11-05-84 412 The Commission has conducted the public hearing on the Zone Map Change, and has tabled a decision on the item until annexation is completed. Assistant Planner Elkins then reviewed the criteria for annexation as established in Commission Resolution No. 2524, noting the request is in general compliance with the City's policy. The Assistant Planner stated the Planning Staff has recommended that one access be provided to the subject site from South Nineteenth Avenue at Remington Way extended, which runs along the southern portion of the site. The Assistant Planner then stated a stream runs I through the subject site; and the Planning Staff has recommended that a 35-foot easement be included on all future property transfers so that the 35-foot streambank setback requirement is observed. She then noted the requirement for the transfer of water rights has not been ad- dressed at this time. The Assistant Planner also noted the services to be provided must be specified, and easements for those utilities must be shown on all certificates. Assistant Planner Elkins then submitted to the Commission a letter from Thomas, Dean and Hoskins, Inc., consulting engineers for the applicants, addressing the staff findings as submitted in the staff report. She noted all items have been addressed in the letter except the requirement for water rights. Commissioner Jordan asked about possibly requiring an easement for a north/south roadway through the properties lying south of West College Street, possibly at South 23rd Avenue extended. Planning Director Lere stated South 23rd Avenue is shown as being extended southward, but that extension would lie west of the subject property. He also noted the westward exten- sion of West Lincoln Street has been listed as a possible collector or arterial in the future. The Planning Director also noted the letter from the consulting engineers indicates the right- of-way for West Lincoln Avenue lies north of the subject property. Commissioner Vant Hull asked about the possibility of requiring payments-in-lieu of taxes, si nee the proposed use wi II be tax exempt. City Manager Wysocki stated this item was previously discussed. He stated the applicants have indicated that a portion of this property may be developed for housing or some other use I not associated with a church or proposed college. Mr. Clair Daines, representing the Evangelical Church, stated the church intends to use five acres of the subject parcel. He indicated the requested annexation is for a ten-acre parcel because the current zoning requires a ten-acre parcel for any development. He stated if the annexation and the R-4 zoning are approved, a five-acre parcel will probably be sold for private development. Mr. Craig Roloff, Montana State University, stated the Master Plan proposes the westward extension of West Kagy Boulevard as well as West Lincoln Street. He noted the purpose of a westward extension of West Lincoln Street would be to serve new development; and the University owns all of the land lying within the first mile west of South Nineteenth Avenue along that right-of-way. He also noted several structures are built within that right-of-way. City Attorney Crumbaker-Smith suggested that the Commission determine whether it is in the best interests of the community to annex the subject properties and, if determined to be, instruct the staff to prepare a Resolution of intention to annex the subject property. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the staff report on the annexation request submitted by Ralph K. and Steven R. Aaker; and authorize and direct the City Attorney to prepare a Resolution of intention to annex, to be submitted to the Commission at next week's meeting for possible 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 B rea k - 4: 55 to 5: lOp. m . Mayor Weaver declared a break at 4:55 p.m., to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 11-05-84 413 Discussion - application submitted b Marvin R. and Jud G. Cowdrey for a $950,000 I RD bond Issue or housing City Manager Wysocki stated discussion on this item had been continued for a period of two weeks to allow the staff and the applicant an opportunity to respond to some of the ques- tions which had been raised. Mr. Pat Giblin, Vice President of Dougherty, Dawkins, Strand and Yost, indicated he I has been retained by the Cowdreys for the lOR bond request. Mr. Giblin stated this applica- tion for Industrial Development Revenue bonds has been filed pursuant to established guide- lines. He noted the law specifies that at least 20 percent of the housing units constructed with these funds must be set aside for low- to moderate-income families. Mr. Giblin then briefly reviewed the proposed project, noting 26 two-bedroom and 6 one-bedroom units would be con- structed through Phase I of a previously approved Planned Unit Development. Mr. Giblin submitted to the Commission an economic comparison, as prepared by the Cowdreys. He noted the projections are based on an $800,000.00 lOR bond issue at 11% and 11 t% on a 25-year schedule with 30 percent of the units being designated for low- and moderate- income families; and those projections indicate there would be a positive cash flow. Mr. Giblin then stated the requested I DR bond issue would not have any effect on the amount of lOR bonds allocated for Montana. Commissioner Jordan asked what the actual size of the bond issue will be. He noted the original request is for $950,000.00; and these projected figures are based on $800,000.00. Mr. Giblin stated it is best to submit a high initial request for an lOR bond issue, and then lower that amount at the time of sale when the actual scope of the project and the figures are more accurate. Mr. Gibl in stated he feels the $800,000.00 figure is accurate. Mr. Buz Cowdrey indicated he would address some of the questions which have arisen about this requested lOR bond issue. He stated that at the time the original application for I DR bonds was prepared, he was uncertain what the interest rate would be or how much money would be needed to complete the project. Mr. Cowdrey then stated if the interest rate is I between 9 3/4% and 10t%, he will consider the entire $950,000.00 bond issue and construct 40 units rather than the proposed 32 units. He indicated if the interest rate is 11 % or higher, he will then obtain an $800,000.00 IDR bond issue and construct the proposed 32 units. Mr. Cowdrey then stated $700,000.00 of the bond issue will be utilized for construction costs; and $100,000.00 will be used for administrative costs, interim interest and miscellaneous expenses. Mr. Cowdrey then indicated that to provide 30 percent of the units as low- and moderate-income units will provide very little more revenue than expenditures, but he feels the project can work. Mayor Weaver asked how long it will take to complete construction of the project after the bonds are sold. Mr. Cowdrey stated he would prefer to market the I DR bonds before the end of the year, but he does not want to complete construction of the project until August, in time for the fall rental season. Mr. Giblin stated that during the last quarter of the year, financial institutions will buy bonds. During the first quarter of the year, those institutions are completing the budgeting process. Therefore, if the bonds are not sold prior to the end of the year, the project could be delayed for a period of four months before the bonds could be properly marketed. Commissioner Vant Hull asked if the plans for the project are the same as those approved by the Commission through the PUD process. Mr. Cowdrey indicated the plans as approved will be utilized. He noted the PUD approval was for 70 units; and only 32 units will be constructed during the first phase. I Mr. Buz Cowdrey then stated he feels he and his wife are qualified to complete this project. He noted they currently have more than 200 rental units in Bozeman; and none of those units are vacant at the present time. They also have about 30 units of HUD and Farmers' Home Administration low- and moderate-income residences and understand the process for managing those units. Mr. Cowdrey also noted they have their own construction company, which can build this project. Mr. Cowdrey then stated the question has been raised about why he would wish to complete this project when the margin of profit is so small. He stated he and his wife are in 11-05-84 .. 414 the rental business and want to continue. Also, the land for the first phase of this project is paid for; and he wishes to develop the site. He noted that by using his own construction company to bui Id the units, he wi II have some equity in the project as soon as it is completed. Mr. Cowdrey stated they feel the rental prices will slightly increase ove,r the next five or ten years, which will make this project more attractive. Mr. Cowdrey then stated the project will be constructed in an excellent location, between West Koch Street and West Dickerson Street, just east of South 23rd Street. That location is close to the University and is immediately I south of the University Square Shopping Center. He also noted the project will contain ameni- ties not found in other rental developments, such as a jacuzzi and a recreational area which wi II contain a basketball court as well as other recreational facilities. Mr. Cowdrey then stated the market rental rate for the two-bedroom units wi II be in the $390.00 to $410.00 per month range. He stated the rental rates for the low- and moderate-income units will be based on 30 percent of the income; and the minimum rates will be $219.00 for a one-bedroom unit and $281.00 for a two-bedroom unit. Commissioner Vant Hull asked if the rental units in Bozeman become overbuilt, would it be possible that all rental rates would be lowered, including those for the low- and moderate- income units. Mr. Cowdrey stated he does not feel they can lower the rental rates on the low- and moderate-income units more than proposed. Buz Cowdrey then noted one of the concerns expressed has been that the lower interest rate through the lOR bonds would create unfair competition for others in the rental market. He noted that 58 percent of the benefit from the lower interest rate, which is estimated at $12,000.00 per year, is being used to lower the costs of the units for the low- and moderate- income families, and the developers will realize only 42 percent of the interest savings. Commissioner Anderson asked what liability the City would face in the event of default on the project. Mr. Cowdrey stated the City is not responsible in any way for the debt service on the I DR bonds. I Mr. Giblin noted that the private institutions will retain bond underwriters to review the project and its security to be certain that the bond sale should be undertaken. He noted the debt service for the project lies in the security of the project and Cowdreys only. Commissioner Vant Hull asked if the salaries of those in the low- and moderate-income units will be checked annually. Mr. Cowdrey stated the incomes of those in the low- and moderate-income units will be checked more than once each year. He noted the tenants must be certified initially; and the employer must verify the income. Mr. Cowdrey indicated the turn-over in these units is usually greater than in the regular rental units. Mrs. Judy Cowdrey stated in the HUD and FmHA units they currently own, the tenants are required to provide verification of their income on an annual basis. She noted that is done by sending a letter to those tenants stating the new verification must be returned within thirty days, or the market rental rate wi II immediately apply. She stated if a tenant no longer meets the requirements for the low- and moderate-income units, he/she must move out of that unit within thirty days. Commissioner Vant Hull asked if specific apartments in the proposed project will be designated as low- and moderate-income or if those units will float throughout the entire project. Mr. Cowdrey stated the low- and moderate-income apartment units will be in a designated area. Commissioner Jordan asked how the tenants will be selected if sixty are eligible for the nine units. He expressed concern that college students not working or working part-time may I benefit from those units, when a working married couple are making low incomes. Mr. Cowdrey stated the HUD guidelines must be followed when renting these units. Buz Cowdrey then stated the project should be attractive. He also noted someone has raised the question of energy efficiency. He stated the FHA guidelines will be used, with probably R-19 in the walls and R-38 in the ceilings. He also indicated electric heat will be installed; and the tenants will be paying their own utilities. Mr. Cowdrey then noted approval of this project would provide the City an opportunity to increase the number of low- and 11-05-84 . 415 moderate-income units in Bozeman, which is one of the primary reasons for retaining Marcia Youngman as the Housing Consultant. He also noted the lOR bond fee will generate revenues for the City; and the project would pay approximately $12,000.00 in property taxes annually. Ms. Marcia Youngman, Housing Consultant, submitted to the Commission a memo dated November 5, 1984, addressing many of the questions raised at the last Commission meeting. She expressed appreciation that the Cowdreys have included 30 percent of the units as low- I and moderate-income units. She noted the contract between the City and the Cowdreys should include rental rates for these units, as well as the basis for rental increases. Ms. Youngman also stated the law stipulates that the low- and moderate-income units be provided for at least ten years or half the length of the bond issue, whichever is longer. Commissioner Vant Hull asked if the applicant would consider providing the units for the full term of the bond issue. Mr. Cowdrey stated he feels the units could be provided for the full life of the bonds. Commissioner Jordan then asked what criteria will be utilized for renting of the nine un i ts . Ms. Youngman stated the apartments are usually rented on a first-come, first-served basis, provided the applicants qualify for the low- and moderate-income units. She noted the requirements stipulate who is eligible, usually married couples or a single parent with child. Commissioner Mathre noted the Cowdreys have experience with this type of units. She then asked if annual disclosure to the City is adequate. Ms. Youngman stated she feels that is adequate. She suggested the City may wish to contract with HRDC to review the disclosure. Mrs. Cowdrey stated the disclosure is very simple. She suggested that someone at the City may wish to review the document, thus saving the City the payment of some fees. Mayor Weaver asked if there are restrictions on the early redemption of IDR bonds. Mr. Giblin stated the redemption provisions are determined by whether the bonds are sold at a public sale or a private sale. He noted that through a public sale, a premium may be I required for early redemption. At a private sale, early redemption could be negotiated. Ms. Youngman then stated the Housing Committee has recommended that the Commission set the public hearing date on this request so that the next step may be taken as soon as possible. She noted if the applicant is to sell bonds prior to the end of the year, there is little time to complete the remaining steps. Mr. Giblin concurred in Marcia Youngman's request that the Commission adopt Commission Resolution No. 2530, listed in the item below, and set the public hearing date for December 3, 1984. Mayor Weaver noted the primary question to be answered is whether the public gain through the provision of nine additional low- and moderate-income apartment units justifies the City's consideration of the request for I ndustrial Development Revenue bonds. Commission $950,000 IDR bond issue requeste City Manager Wysocki presented Commission Resolution No. 2530, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2530 RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING ON THE PROPOSED ISSUANCE BY THE CITY OF BOZEMAN, MONTANA, OF HOUSING DEVELOPMENT REVENUE BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $950,000 FOR MARVIN R. AND JUDY G. COWDREY FOR THE CONSTRUCTION OF 32 UNIT APARTMENT COMPLEX AND RELATED EXPENDITURES THERETO. I City Manager Wysocki recommended that the Commission adopt Commission Resolution No. 2530 and set the public hearing date for December 3, 1984. Commissioner Jordan expressed concern about adopting this Resolution. He questioned whether the addition of 9 low- and moderate-income units can justify the City's consideration of an $800,000.00 IDR bond issue. He noted the community's best interests must be considered, and he does not feel this proposal meets those requirements. 11-05-84 416 Commissioner Vant Hull noted the Commission considered the question of whether to demolish or rehabilitate the old Legion Housing units in 1982 and determined that those units should be demolished. She noted many low-income rental units were lost at that time; and the Commission should consider increasing the number of low- and moderate-income rental units whenever possible. Commissioner Jordan stated he does not feel the City should go through the public hearing process for this proposed Industrial Development Revenue bond issue. I Commissioner Anderson indicated concurrence in Commissioner Jordan's comments. She also expressed concern about the process. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commissioj1 Resolution No. 2530, setting the public hearing date for an Industrial Development Revenue bond issue request submitted by Marvin R. and Judy G. Cowdrey in the amount of $950,000.00 for December 3, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner ~ordan. 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 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 hearinq - Zone Map Chanqe - from RS-l to R-3 - Clark E. and Pauline Bronson and Ben C. and Carol Davis - Tracts A and B of CDS 1045 in the NEL ~ectlon 18, T2S, R6c,1VfPM; tract of land in the SWi SEt. Section 7 and NWi N Ei, Section 18, T2S, R6E, MPM, Bozeman Creek Annexation to the City of Bozeman (west side of South Church Avenue just south of East College Street extended) I This was the time and place set for the public hearing for the Zone Map Change requested by Clark E. and Pauline Bronson and Ben C. and Carol Davis to change the present zoning of RS-l, Residential--Suburban Country Estates, to R-3, Residential--Medium-density, for Tracts A and B of Certificate of Survey No. 1045 located in the northeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian and a tract of land located in the southwest one-quarter of the southeast one-quarter of Section 7 and northwest one-quarter, northeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, all located in the Bozeman Creek Annexation to the City of Bozeman. The subject parcels are more commonly located along the west side of South Church Avenue, just south of East College Street extended. Mayor Weaver opened the public hearing. Senior Planner Mike Money presented the Staff Report. He stated the subject properties contain 4.96 acres. The Senior Planner stated the requested zoning is in compliance with the Bozeman Area Master Plan and is compatible with the current zoning of other properties in the area. The Senior Planner then stated concerns were expressed by residents on Ice Pond Road about the traffic impacts the proposed rezoning would have on South Church Avenue. Senior Planner Money stated the Zoning Commission recommended that the Commission approve rezoning of the subject properties from RS-l to R-3- T because the property lies within the 500-year floodplain. Senior Planner Money then stated the R-3 zone will allow up to fifteen units per acre, but the physical constraints of the subject property will determine how many units can actually I be constructed. He noted the development could possibly be clustered, or the property could be filled to accommodate construction of houses. The Senior Planner then stated development of these tracts will not displace enough water to endanger existing surrounding developments. City Manager Wysocki asked what type of water hazards would be involved on these tracts. The Senior Planner stated the subject properties do not lie in the active floodway but are within the flood fringe. He noted as much as twelve to eighteen inches of water may be 11-05-84 41 ~l standing in the area at times, but the water is not moving and is not as disruptive as in the active flood way areas. He noted the water damage which could be created in this area would be in the form of damp crawl spaces and possible seepage into the baseboards. Senior Planner Money stated that is the reason the Planning Staff and Zoning Commission have recommended that the "T" designation be added to the Zone Map Change so that all proposals for development can be carefully reviewed. The "TH designation will also allow an opportunity to review the I potential traffic impact a development would have on South Church Avenue, as well as the impact on existing neighborhoods and public services. Commissioner Jordan noted several parcels in that immediate area have been rezoned to R-3 and indicated he does not feel this parcel should be zoned differently than proposed. Commissioner Vant Hull asked about the extension of sewer service to the subject site and about the possibility of extending sewer service to properties south of the subject parcel. Senior Planner Money stated there is a sanitary sewer trunk line along South Church Avenue, and access could be possible from the University Subdivision. He then noted the sanitary sewer line co~ld be extended past the Ice Pond Road development along an existing easement to properties lying south of the site at some time in the future. Mr. Bronson and Mr. and Mrs. Davis were present to answer any questions. No one was present to speak in opposition to the proposed Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Continued public hearin - Conditional Use Permit - Vicki Harve and Pam Frost - allow the use 0 the residential structure or a licensed day care center - 702 outh 14th venue This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Vicki Harvey and Pam Frost to allow the use of the existing three-bedroom residential structure located on Lot 22, Block 12, Normandy Re-arrangement of Blocks 14, 19 and 22 of the West Side Addition, as a I icensed day care center. This property is more common- ly known as 702 South 14th Avenue. I Mayor Weaver opened the continued public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the publ ic hearing was originally opened and continued on September 17, 1984, because the Zoning Commission had not yet submitted a recommendation. She then noted that on October 1, 1984, the City Commission reopened the public hearing; and received a recommendation from the Zoning Commission that the request be denied because the application was incomplete. She noted at that time the City Commission referred this item back to the Zoning Commission to allow them an opportunity to review the new site plan which had been submitted to the City Commission just prior to the meeting. The Assistant Planner then stated the subject property is located in an R-3, Residential-- Medium-density, District. She indicated the applicants have submitted a complete application, which has been reviewed by the Zoning Commission. Assistant Planner Elkins stated the Zoning Commission has recommended that the Commission approve the application subject to six conditions. Assistant Planner Elkins then reviewed the site plan, noting that the existing garage on the site is to be removed and a paved on-site parking and loading area completed prior to June 1, 1985. Commissioner Vant Hull noted that at the Zoning Commission meeting, several neighbors expressed concern about the large amount of concrete that will be required for the parking and loading areas. She then asked if the condition which requires the paving could be revised to allow the applicants the standard eighteen months in which to complete the improvement. She then suggested that if the concrete were determined unnecessary during that length of time, I that requirement could possibly be waived. Assistant Planner Marcia Elkins stated the applicant must sign an Improvements Agreement, which includes all of the conditions adopted by the Commission. She indicated that is a legal and binding document; and should not be entered into with the idea that those conditions can be changed if deemed appropriate. The Assistant Planner also stated the applicants have submitted a request for waiver of the paving requirements to the Board of Adjustment; and the Board has denied the request. 11-05-84 418 City Attorney Crumbaker-Smith stated the Zone Code requirement for paving is based on a determination for public health, safety and welfare. She then noted the decisions submitted by the Board of Adjustment are based on hardship, rather than on the public health, safety and welfare. Ms. Vicki Harvey, co-applicant, stated she and Mrs. Frost have submitted the applica- tion to open the Cuddly Bear Early Learning Center at the subject address. She stated the applicants have met all of the requirements for this conditional use. She also noted they had I previously submitted a petition of support containing 75 signatures. Ms. Harvey then submitted to the Commission a letter of support from Robert K. Sybrant, Gallatin County Welfare Director. Ms. Harvey then requested that Condition No.2, as recommended by the Zoning Commission, be revised to require that the parking and loading improvements be completed by September 1, 1985. She stated the school will be closed approximately three weeks to complete that project; and she would prefer to close the school during the summer rather than in the spring. Ms. Harvey then stated the proposed facility will be a day care home rather than a day care center, which limits the number of children to fifteen, with two adult supervisors. She stated the day care home will involve a pre-school teaching program; and the children will be outside to play twice a day. Commissioner Vant Hull asked Ms. Harvey if she feels the paving is required to provide safety for the children. Ms. Harvey stated she previously owned a day care center on South Black Avenue; and 22 children were dropped off and picked up through the use of on-street parking. She noted that she had obtained a Conditional Use Permit for that faCility also. Ms. Harvey then stated she will accept all of the conditions placed on the Conditional Use Permit for opening of the day care home. She did indicate that she feels more restrictions are being placed on approval of this application than have been placed on previous approvals. Assistant Planner Elkins stated Ms. Harvey did ask about the possibility of a September 1, 1985, deadline for the paving improvements rather than June 1. The Assistant Planner then stated she prefers the June 1 deadline and feels there will be enough good weather to complete I the project by that time. She also questioned the need to close the day care home to complete the on-site paving, since the fenced yard will protect the children from the wor.k site. The Assistant Planner then stated the City is requiring that all new activities throughout the community meet the paving requirements, whether they be multi-family units or commercial uses. She then noted under the previous Conditional Use Permit granted to Ms. Harvey, paved parking was required but was not installed. Ms. Harvey stated she had owned the previous day care center for twelve months; and the new owner assumed responsibility to meet the requirements of the Improvements Agreement through the sale. Mrs. Pam Frost, co-applicant, stated the day care home will serve a limited number of children, some of whom will be brothers and sisters. She then stated the applicants are willing to meet all of the requirements so they can open the facility as soon as possible. Mr. Marty Novak, 214 South 16th Avenue, stated the house has been rental property and has deteriorated. He stated the applicants have made improvements to the house since they purchased it; and he feels approval of the application will benefit the property and those around it. Ms. Mary Jane Gaskill, 720 South Tracy Avenue, stated she lives near a public school and two day care centers. She indicated she does not feel there have been any problems with parking or with children's safety. Ms. Gaskill then stated she feels there is a need for' day care facilities in Bozeman. Mrs. Charlotte Grabow, 621 South 14th Avenue, stated she feels the proposed day care I home wi II be a welcome addition to the neighborhood. She noted the subject property is a large corner lot; and there is adequate space for on-street or off-street parking. Mrs. Ruth Siess, 1215 West Alderson Street, stated she lives one block from the proposed day care faci lity . She indicated she lived next door to a day care center for several years; and she faced no traffic or safety problems. She also indicated the proposed use is better than the immediate past use of the residence. 11-05-84 419 Mrs. Ralph Kenck, 1317 West Alderson Street, stated she has no objections to the proposed day ca re fad Ii ty . She concurred that this use will be better than the previous Use. Mr. AI Frost, 815 Blackmore Place, reviewed the process his wife and Ms. Harvey have completed in their attempts to open a day care home at the subject location. He stated there has been much neighborhood opposition to a day care facility being located in that area, which has created problems in gaining possible approval of this application. Mr. Frost stated the I Planning Staff has been helpful in reviewing the proposed plans and suggested revisions to meet all of the Zone Code requirements. He then stated support for the application as sub- mitted. No one was present to speak in opposition to the granting of the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Break - 8:05 to 8:15 p.m. Mayor Weaver declared a break at 8:05 p.m., to reconvene at 8:15 p.m., in accordance with Commission pol icy established at their regular meeting of March 14, 1983. Commission Resolution No. 2531 - Volz/Wallin Annexation (north side of Main Street, immediately west of Ponderosa Mobile Home Subdivision) City Manager Wysocki presented Commission Resolution No. 2531, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2531 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE VOLZ-WALLlN PARCEL, HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. The City Manager stated the applicants have not submitted the necessary documents to I complete this Resolution. The applicants have requested that action on this item be deferred for a period of one week to allow them to complete their necessary actions. Commission Resolution No. 2532 - revised annexation policy City Manager Wysocki presented Commission Resolution No. 2532, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2532 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING AND RE-ESTABLlSHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPER- CEDING COMMISSION RESOLUTION NOS. 2502 AND 2524. City Manager Wysocki stated this Resolution provides a revision to Item No. 4 of Section 2 of the annexation policy, which addresses water rights or payments-in-lieu. The City Manager recommended that the Commission adopt Commission Resolution No. 2532. Commissioner Vant Hull expressed concern that some proposed annexations may be developed in a tax exempt status and would create an additional burden for the City rather than paying their own way. She questioned whether a statement should be added to Item No. 12 that the City will consider annexations which will more closely pay their own way. Mayor Weaver indicated that revision should be considered and discussed as a separate item. If the Commission then determines that item should be added to the criteria, the annexa- tion policy can once again be revised to include that criterion. The Mayor then requested that I Commissioner Vant Hull place this item on the agenda for discussion when she is ready to address the issue. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2532, revising the City's annexation policy. 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. 11-05-84 42U Application for Gaming License - Sundance Saloon - one live keno game - through June 30, 1985 City Manager Wysocki presented to the Commission an application for a Gaming License, along with the required fee, submitted by the Sundance Saloon for one live keno game for the period ending June 30, 1985. The City Manager then stated that Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan stated he has received several complaints about the noise at the Sundance Saloon since the fall session has begun at MSU. He noted most of the complaints I have been about the noise in the parking lot rather than about the loud music. T he Com- missioner then stated he feels the issuance of this license should be carefully reviewed, rather than considered an automatic action. Commissioner Mathre asked if denial of this license application would decrease the amount of noise created at the establishment. The Commission asked the City Attorney to review the State Statutes and Bozeman Municipal Code concerning the issuance of a license for a live keno machine. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that action on the application for a Gaming License for one live keno game submitted by the Sundance Saloon for the period ending June 30, 1985 be tabled for a period of two weeks to allow the City Attorney an opportunity to review the matter. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Anderson and Commissioner Mathre; those voting No being Mayor Weaver. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from City Attorney Crumbaker-Smith concerning the granting or denying of a Conditional Use Permit. (2) An invitation from the Chemical Dependency Center to attend an Open House on Friday, November 9, 1984. I (3) A letter from Ted Zelio, UDAG Officer in the Denver HUD office, concerning the status of the Felska/Solvie Convention Center UDAG application. (4) A memo concerning meetings to be held on rehabilitation of Hyalite Dam, by the Department of Natural Resources and Conservation on Wednesday, November 7, 1984. The City Manager stated if the Commissioners are unable to attend any of the three scheduled meetings, the staff will set another meeting time, since the City's decision on participation will directly affect the rehabilitation of the dam. (5) A memo reminding the Commissioners that City Hall would be closed on Tuesday, November 6, in observance of Election Day. (6) A summary of the salary survey of the larger cities, including Bozeman, based on the salary survey received from the Montana League of Cities and Towns in September. The City Manager noted this summary was previously requested by the Commission. (7) A memo reminding the Commissioners that next weekls meeting will be held on Tuesday, November 13, rather than Monday, November 12, in accordance with Commission policy established on Ap~il 5, 1982. He noted Sunday, November 11, is Veteran IS Day and wi II be observed on Monday. (8) Commissioner Jordan submitted to the Commission an article concerning high techno- logy pollution. He requested that this item be placed on the agenda for discussion. (9) Commissioner Mathre stated Alec Hansen, Executive Director of the League, has set a District 10 meeting for Thursday, December 6, 1984. She noted this will be an evening meeting, including dinner; and the legislators and representatives of the cities in District 10 I will be invited to attend. (10) Commissioner Anderson stated four Brazilian guests will be in Bozeman through arrangements with the State Department and invited all Commissioners to attend a dinner with those guests if they so desire. (11) Commissioner Vant Hull stated the contractor at the Bozeman Senior Social Center has the elevator operating with his employees only at this time. She indicated it should be available for public use in the near future. 11-0S-84 , 421 Consent Items 8, 1984 - one I Water trun re 1984 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the CO!TImission approve the Consent 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. City Manager evaluation Mayor Weaver stated the Commissioners have submitted written evaluations, based on the format as prepared by Commissioner Mathre and Commissioner Vant Hull. He noted the Clerk of the Commission has compiled those comments; and the summary has been submitted to the Commis- sioners and to the City Manager. The Mayor then asked if the Commission wishes to establish specific objectives for the City Manager to address prior to the next evaluation process. Commissioner Anderson stated she feels it would be helpful if the City Manager would I indicate what the Commissioners could do to help him better achieve the goals established. The City Manager indicated he would meet with the Commissioners individually to discuss the best approach for achieving the various goals. City Manager Wysocki then submitted to the Commission a list of goals he has established for himself for the next six to twelve months. Those items include: 1. Recreation Superintendent a. Swim Center b. Department location 2. Cable TV franchise 3. Landfill location / district 4. Water a. Lyman Creek water supply b. Rates c. Raw water storage/sedimentation basin 5. Pol ice and Fi re a. Upgrade Equipment: Two cars -- Police One ladder truck -- Fire 6. Transportation a. Nineteenth and Oak b. Kagy -- west 7. Improve land use planning application process I The City Manager noted many of these items will not be completed within six to twelve months, but action can be started on the projects. He then expressed appreciation for the comments provided in the evaluation and for the confidence the Commission has indicated. Mayor Weaver suggested it may be helpful for the Commission to prioritize those goals on which it wants the City Manager to concentrate in the next six months. The Commissioners will prioritize the items and submit them to the City Manager within the next two weeks, with the item to be placed on the agenda for discussion immediately following that process. 11-05-84 42:2 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the written evaluation summary on behalf of the Commission as the official Commission evaluation of City Manager Wysocki for this six-month review period. 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. Commissioner Mathre stated she feels the form utilized for this evaluation should be I revised. The Commission concurred but determined action on that revision should be deferred until the Commission is ready to begin the evaluation process again. The Commissioners then concurred that the evaluation process should be started in January and completed in February or March, prior to the budgeting cycle. Adjournment - 8:45 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 I 11-05-84