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HomeMy WebLinkAbout1983-04-18 . Ul1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 18, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, April 18, 1983 at 4:00 p.m. Present were Mayor Pro Tempore Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Planalp and Clerk of the Commission Sullivan. Mayor Stiff was absent. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. Action on the minutes of the regular meetings of November 15, 1982 and April 11, 1983 was deferred for a period of one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Absence of Mayor Stiff It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that Mayor Stiff's absence be authorized in compliance with Section 7-3-4322, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Continued discussion - request for fire protection outside of Cit - Bob Boie, Montana Con- tainer orporatlOn City Manager Evans stated that the City Staff has researched the City records, and he I has spoken with a representative of the American Simmental organization. The Staff has found no records to indicate that the City has formally extended fire protection beyond the city limits, except to the Story Mill Fire District. The City Manager recommended that in the future the Commission deny the extension of fire services beyond the city limits, except to organized fire districts with which the City has a contract. He noted that the City does not have the resources to extend fire services; and the City could incur liabilities in the event of a fire occurring within the city limits while the fire equipment and personnel are outside the city limits to fight another fire. The City Manager also requested authorization to prepare a resolution that would limit fire service to areas within the city limits and within organized fire districts that have contracted with the City. Mayor Pro Tempore Weaver noted that everyone with property outside the city limits should be aware that the City will not provide fire protection. City Manager Evans stated that the City Staff can write letters to those who have signed Waivers of Protest of Annexation and Utility Tie-on Agreements if necessary. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request submitted by Mr. Robert N. Boie on behalf of Montana Container Corporation for the extension of City fire protection to a site located in Gardner Simmental Plaza, between the American Simmental Building and the United Parcel Service building, be- cause of the possible liability that the City might incur if unable to meet its obligations for fire protection within the city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull I and Mayor Pro Tempore Weaver; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City Staff to draft a Commission Resolution es- tablishing a policy concerning the provision of fire services outside the city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. 04-18-83 LJ12 Request for permission - Pi Kappa Alpha Fraternity, Pi Beta Phi Sorority - block off 1300 block of South Fifth Avenue for block party - April 28, 1983, 4:00 to 8:30 p.m. City Manager Evans presented to the Commission a request on behalf of Pi Kappa Alpha Fraternity and Pi Beta Phi Sorority for permission to block off the 1300 block of South Fifth Avenue for a block party to be held April 28, 1983, from 4:00 to 8:30 p.m. He noted that Chief of Police Tate has indicated he has no problem with this request if the "no liquor" I policy is enforced. Mayor Pro Tempore Weaver stated this block party is part of the "RUSH" activity at the University. He further noted that it is University policy not to allow alcoholic beverages at rush activities due to the fact that many of those involved are minors. He suggested, however, that the Commission consider a condition in the motion that would prohibit alcoholic beverages. City Manager Evans noted that loud speakers and loud music should also be prohibited since the neighborhood is basically residential. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request for permission for Pi Kappa Alpha fraternity and Pi Beta Phi Sorority to block off the 1300 block of South fifth Avenue for a block party to be held on April 28, 1983, from 4:00 to 8:30 p.m.. subject to the following conditions: ( 1) that no alcoholic beverages be allowed; and (2) that use of amplified sound systems be prohibited. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson and Commissioner Mathre; those voting No, none. Mayor Pro Tempore Weaver abstained due to his position on the faculty at Montana State University. Request for extension of Conditional Use Permit - First Security Bank - to allow an automatic teller machine at the corner of South Eleventh Avenue and West College Street City Manager Evans presented to the Commission a request for a one-year extension of a Conditional Use Permit on behalf of First Security Bank to allow an automatic teller machine I on Lots 15-21, Block 52, of the West Park Addition, more commonly located at 1021 West College Street. City Manager Evans noted that this site is located at the corner of West College Street and South Eleventh Avenue. The City Manager further noted that the Commission approved the Conditional Use Permit at its regular meeting on October 25, 1982, subject to nine conditions. Commissioner Vant Hull suggested that the Commission include in the extension a state- ment that "any unapproved use of the remaining portion of this lot shall make the Conditional Use Permit null and void" since the building that existed when the Conditional Use Permit was granted has since been demolished. Mayor Pro Tempore Weaver stated concern about the possible addition of a condition on the conditions for the Conditional Use Permit that has not gone through the public hearing process or received input from the applicant. Acting City Attorney Planalp stated that in the past, the Commission has considered the request for extension of a Conditional Use Permit as an opportunity to review the condi- tions attached to see if they are still applicable. The Acting City Attorney stated that Com- missioner Vant Hul11s suggestion can be considered since the status of the site has changed during the past six months. City-County Planning Director John Moss stated that the statement can be considered as a reminder to the applicant that specific conditions must be met. He noted that this may help to avoid possible misunderstandings in the future. Commissioner Mathre noted that the requested extension is for a one-year period. She I stated that some extensions have a time limit and/or a limit on the number of times an ex- tension can be granted under the Zoning Code. Planning Director Moss stated that the regulations provide for a six-month extension on Conditional Use Permits. City Manager Evans then recommended that the Commission approve a six-month extension of the Conditional Use Permit, subject to the original nine conditions and incorporating the statement proposed by Commissioner Vant Hull. 04-18-83 U13 I t was moved by Comm iss ioner Anderson, seconded by Comm iss ioner Math re, that the Commission approve a six-month extension of the Conditional Use Permit for First Security Bank, to allow an automatic teller machine at 1021 West College Street, and that the applicant be reminded that "any unapproved use of the remaining portion of this lot shall make the Conditional Use Permit null and void. II The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Appl ication for Gambl in License - Rose's Cantina Card Loun e- two card tables - throu h June 30, 1983; and request for refund 0 a portion 0 the license ee City Manager Evans presented to the Commission an application for a Gambling License, along with the required fee, on behalf of Rose's Cantina Card Lounge for two card tables for the period ending June 30, 1983. He noted that Mr. Doug Hagfeldt has also requested that a portion of the license fee be refunded since the license covers a period of less than six months. Assistant City Manager Barrick stated that the Business License Ordinance provides for a one-half year Business License if a new business is started after June 30 of any year. \ However, Gambling Licenses are for the period July 1 through June 30 of the following year, thus eliminating provision for a one-half year Gambling License. The State Statute requires that all licenses be prorated. but does not specify in what segments those proratings should occur. The Assistant City Manager then recommended that the Commission authorize prorating the license fee on a one-half year basis, to remain consistent with the provisions of the Business License Ordinance. He further recommended that the Commission consider revision of the Business License Ordinance after the public he~ring on the number of electronic gaming devices to be allowed per establishment at the meeting on May 2, 1983. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission approve the application for a Gambling License on behalf of Rose's Cantina Card Lounge for two cards tables for the period ending June 30, 1983; and that the City Staff be authorized and directed to refund one-half of the license fee in compliance with State Law. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Appointment - Judicial Coordinating Committee Mayor Pro Tempore Weaver requested that this item be deferred for a period of one week, due to the fact that Mr. John Scully and Mayor Stiff are out of town. Proposal for Centennial Park - Proposed Centennial Park Committee City Manager Evans stated that the Proposed Centennial Park Committee has requested an opportunity to submit to the Commission a proposal for the Centennial Park, to be located on the parkland from which the old American Legion housing was recently removed. This property is bordered by North Tracy Avenue, North Grand Avenue, West Cottonwood Street and West Tamarack Street. Mr. Robert Lashaway, an architect who resides on the north side, presented to the Commission the Committee's concept for the park. He noted that the proposal includes an active area on the west side and a passive area on the east side of the park. He noted that the plan would require minimal contouring, mostly where the housing was removed, and the I installation of a sprinkling system, and would include saving as many of the existing trees as possible. Mr. Lashaway then presented to the Commission an estimate of the costs involved in developing the park in the proposed manner. The $59,500.00 estimate includes the costs of the materials and labor for installation of the improvements. These costs could be reduced through donations of materials and volunteer labor. Mr. Lashaway stated that the Committee has presented its proposal to the Recreation Board and the Centennial Committee, and both bodies have given their approval. He further stated that the proposal has been submitted to the Community Development Block Grant Committee because a prior CDBG program had included 04-'8~83 . . , . u14 $10,000.00 for development of a park at that location. However, the American Legion housing was not removed in time to use those funds, so they were diverted to other projects. Mr. Lashaway then requested that the Commission approve the proposed concept for the Centen- nial Park and appropriate $59,500.00 for funding of the project. Mayor Pro Tempore Weaver asked Mr. Lashaway when they would like to begin working on the park. He also asked if the Proposed Centennial Park Committee has considered the I possibility of improving the park in phases. Mr. Lashaway stated that it would be best if work on the park could begin sometime between May 15 and June 15. He noted that this would allow the trees as much time as possi- ble to become establ ished prior to the winter season. Mr. Lashaway then stated that the major items to be completed this summer are regrading of the area, installation of the underground sprinkler system, seeding or sodding the park and planting the trees. He then stated that the people in the neighborhood have not organized a labor force to work on the park; and they have no funds available to contribute toward the park. Mayor Pro Tempore Weaver noted that a softball field is located in the northeast por- tion of the parkland. He further noted that the softball field is being used as a part of the softball program and asked if the Proposed Centennial Park Committee intends to incorporate that area into the park. Mr. Lashaway stated that the area where the softball fields are located should be left open for a play area. He further noted that a softball field for organized league play and a park are not compatible uses; and the softball field should be eliminated. However, he rea- lizes that the softball field cannot be quickly phased out due to the need for such facilities in the area. Commissioner Vant Hull noted that a large portion of the proposed expenditures is for the purchase of trees, at a cost of $275.00 per tree. She suggested that smaller trees be installed. Mr. Bill Gibson, 803 North Grand Avenue, stated that the softball fields create a I problem in the area. He stated that garbage is strewn in his yard and cars park on his lawn during softball games. Also, loud music is often played during and after the games. Often sanitary facilities are not provided at the site, and people use lawns in the area for their needs. Mr. Gibson feels that sanitary facilities should be provided in areas where organized sports are being conducted. Mr. Roger Stokes, 619 North Willson Avenue, stated that restrooms should be provided in all parks. He indicated that perhaps restroom facilities should be incorporated into the plans submitted by the Proposed Centennial Park Committee. Mr. Byron Erickson, Director of the Green Thumb program, stated that the program hires workers over 55 years of age with limited incomes. Under the program, they cannot perform work that would eliminate a position for someone else; and they avoid areas in which unions are working. Mr. Erickson stated that the program is federally funded under the Title V program. He then indicated that he would be able to provide three to five people for twenty hours per week to help prepare the park for improvement. However, they do not perform maintenance tasks once a project is completed. Mr. Erickson also stated that someone from the City would have to train and supervise the Green Thumb employees during their work on the Centennial Park. Mr. Wayne Gorski, 624 North Willson Avenue, noted that there is approximately $70,000.00 in the City's Parkland Trust Fund, to be used for the purchase or improvement of park areas. He feels that these funds could be utilized for the improvement of the Centennial Park. Mr. Gorski further stated that when the softball fields are in use, quite often the I balls are hit far enough that people in the park area would need to be careful. Ms. Joanne Jennings, Chairperson of the Recreation Board, stated that the Recreation Board supports the improvement of the Centennial Park. She further noted that the Recreation Board would like to phase out the use of the North Grand ball fields for league play. How- ever, there are a large number of softball teams this year, and the ball fields are needed. Mayor Pro Tempore Weaver stated concern about the lack of sanitary facilities at the North Grand ball fields. 04-18-83 Ul~ Mr. Mike Aune, Recreation Director, stated that the Gallatin Valley Softball Association must provide porta potties at the North Grand ball fields for this season and must consider the traffic in this residential neighborhood. The Association has been requested to disperse from the site after the games have been completed. Policing will be handled by the Police Division; and anyone in violation of the open container ordinance wi II be cited. Mr. Aune noted that the Gallatin Valley Sports Committee has just been formed. Their I first priority is the construction of a multi-purpose facility. Mr. Aune noted that there is a large demand for recreation facilities in this area. He does recognize that a neighborhood park is not the ideal location for a softball field. Commissioner Vant Hull asked if this might be the last year for using the North Grand ball fields. Mr. Aune stated that one facility cannot be eliminated until another facility has been provided. He then noted that a master plan for parks and recreation facilities should be completed. He stated that this process will probably require quite a bit of time and effort to complete. City Manager Evans recommended that the Commission refer the request for funding of the park improvements to the staff for a recommendation. He indicated that the staff is now working with proposed capital improvements; and improvement of a park must compete with other proposed projects. He further recommended that some of the Commissioners become in- volved in the master plan for parks and recreation facilities. He stated concern about boards comprised of people living outside the city limits determining the use of City assets. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the concept for the Centennial Park as submitted by the Proposed Centennial Park Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. I It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission direct the staff to complete a funding analysis of the project as soon as possible and submit a recommendation to the Commission for consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Mayor Pro Tempore Weaver then requested that Commissioner Anderson be the Commission- er I iaison on the master plan for parks and recreation projects. Break - 5:15 to 5:20 p.m. Mayor Pro Tempore Weaver declared a five-minute break at 5:15 p.m. to reconvene at 5:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Update on Community Development Block Grant Application - Planning Staff City Manager Evans presented to the Commission a memorandum from Planning Director Moss indicating the cost of preparing the CDBG appl ication for last year. Assistant Planner Mike Money presented to the Commission a memorandum summarizing the activities of the CDBG Committee to date. He stated that the Committee has reviewed the needs assessment that was prepared last year, and they feel that the information is up to date. The Planning Staff placed an advertisement in the newspaper to solicit suggestions I from the public. The Proposed Centennial Park Committee submitted their proposal at the second CDBG Committee meeting; and that was the only proposal received. The Assistant Planner stated that the Centennial Park was submitted because it had been included in prior CDBG funding and because it lies in, the northeast sector of the city. The CDBG Committee considered the possible projects and suggested that housing be the Number One priority for the 1983 appl ication. The Committee also noted the decrease in available low- and moderate- income housing since last year. 04-18-83 UlG Assistant Planner Money noted that CDBG funds can be used for site acquisition and preparation for construction of housing or can be used for rehabilitation of existing housing. He also noted that the ceiling for the grant monies is $400,000.00. Commissioner Anderson noted that this year's application will be more complicated than last year's and noted that the staff needs as much time as possible to prepare the application. Discussion of FY I items for agenda I Mayor Pro Tempore Weaver requested that discussion of FYI items for the agenda be deferred for a period of one week. Request to establish the Special Historic Survey Fund City Manager Evans presented to the Commission a request from Director of Finance Swan to establish the Special Historic Survey Fund. The City Manager noted that the Commis- sion must grant permission for the establishment of funds under the State Statutes and rec- ommended that the Commission approve the request. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Director of Finance to establish the Special Historic Sur- vey Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voti ng No, none. Special Assessment settlement with Milwaukee Railroad City Manager Evans presented to the Commission a proposed Special Assessment settle- ment with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company. He noted that this settlement offer is for 90 cents on the dollar. The offer is to pay $2,810.65 on Special Im- provement District No. 613, for paving on North Broadway Avenue. The actual bill was $3,122.94, so the City will absorb a $312.29 loss. The City Manager noted that the I $19,554.00 assessment is disputed; and the agreement has excluded that amount. City Manager Evans recommended that the Commission authorize either the Acting City Attorney or the City Manager to sign the settlement offer. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the City Manager to sign the Special Assessment settlement agree- ment with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, in the amount of $2,810.65. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Pledged Securiti'es as of March 31, 1983 In compliance with the provisions of Section 7-6-201 to 7-6-612, M. C.A., Commissioner Mathre and Commissioner Weaver had examined the receipts of Depository Bonds and Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The Depository Bonds and Securities were found to be in order. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Depository Bonds and Pledged Securities be approved and a list of these set forth as follows: DEPOSITORY BONDS AND SECURITIES AS OF MARCH 31, 1983 I RATE MATURITY RECEI PT NO. TOTAL AMOUNT FIRST BANK Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: 04-18-83 Ulf RATE MATURITY RECEIPT NO. TOTAL AMOUNT MA Ser A 1972 Housing Finance Agency 5.25 4/01/84 9020-6892 50,000.00 MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 II 30,000.00 Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 II 100,000.00 Gallatin Co, MT, Ser 1978 Airport Auth. 8.00 1/01/86 I 70,000.00 Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 140,000.00 Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00 I NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00 Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 Bozeman, MT, GO 4.70 1/01/90 45,000.00 Bozeman, MT, GO 4.80 1/01/91 45,000.00 Bozeman, MT, GO 4.90 1/01/92 45,000.00 WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 115,000.00 WASt Ser R GO 5.40 4/01/93 185,000.00 Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 75,000.00 Hawaii St Var Purp 7.00 9/01/83 50,000.00 TOT AL - First Bank - Bozeman $1,832,000.00 FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with United Bank of Denver: State of MT, Ex Officio Reg.. Mont. Univ. System 4.625 1/01/86 3819 15,000.00 Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 I 5.50 12/30/86 3822 13,000.00 5.20 12/30/84 3823 2,000.00 Chouteau Co., MT, Sch. Dist. #1" Bldg. Bd. 5.60 12/30/87 3824 18,100.00 5.50 12/30/86 3825 18,100.00 5.20 12/30/84 3826 18,100.00 Kenai Peninsula Bor., Alaska, GO School Bd. 5.70 5/01/83 3951 25,000.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co" MT; S.I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #287 7.00 1/01/91 6524 8,000.00 City of Bozeman, Gallatin Co., MT; S. I. D. Bonds #560 7.40 1/01/96 6570 21 ,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00 Town of Belgrade 6.60 1/01/88 6771 -SK201 895 39,000.00 City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK688S7-688S8 50,000.00 6.90 6/01/93 II II 50,000.00 Summit Co., CO Sch. Dist. No. RE-1 5.50 12/01/94 S K72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77SS9 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 Vail, CO, Land Transfer Tax I Anticipation Warrants 8.75 12/01/87 SK119286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S .1. D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK149S4S 120,000.00 Bozeman, MT, S.1. D. #625 9.75 1/01/2001 SK1S5026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK1SS028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 04-18-83 (jiB RATE MATURITY RECEIPT NO. TOTAL AMOUNT Trusteed with Northwestern National Bank of Minneapolis: Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00 Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 4.50 8/01/85 5020 30,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 I 4.50 4/01/2000 5022 35,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOTAL - First Security Bank - Bozeman $2,217,300.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis. MT. SWR Constr. Bd. 4.45 09/01/83 H9S0 6,250.00 4.45 09/01/84-86 H9S1 18,750.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/84 H 14239 13,600.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/83 H28329 12,600.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 County of Petroleum, MT Sch. Dist. #159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00 City of Boulder. MT, GO Bd. 4.71 2/15/84-87 H9S8 16,800.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/83-89 H790 7,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 Snohomish, Co" WA, GO Admin. Bldg. & Parking Fac. Bd. 1970 4.70 1/01/84 H29472 10.000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/84 H29971 3,750.00 6.00 1/15/87,89 H29972 7,500.00 I Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR Proj No-1 Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co" School Dist. Bd. 5.00 11/01/83-87 H694 12,500.00 New York City V 187 6.50 1/15/85 H731 10,000.00 New York City R 187 6.50 1/15/85 H729 90,000.00 North Slope, Alaska 6.75 11/01/88 H728 100,000.00 Matanuske-Susitana 6.30 2/01/92 H726 100,000.00 Boston, MA., 1973 Muni Purp LN 5.80 09/01/83 H 1072 200,000.00 SUBTOTAL $ 761,375.00 Pledging Amendment to Repurchase Agreement: Federal National Mortgage Assn. 7.95 7/10/86 200,000.00 U.S. Treasury Notes 9.25 5/15/84 300,000.00 TOT AL - Montana Bank of Bozeman - Bozeman $1,261,375.00 FI RST CITIZENS BANK OF BOZEMAN - Bozeman I Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First National Bank of Minneapol is: U.S. Treasury Notes 9.625 2/28/85 9886 100,000.00 Federal Natll Mtg Assn Residential Fin. 1" 375 9/07/83 9078 300,000.00 U. S. Treasury Bills 12/29/83 9172 150,000.00 04-18-83 U13 RATE MATURITY RECEIPT NO. TOT AL AMOUNT Federal Natll Mtg Assn Residential Fin. 14.50 6/14/83 9444 50,000.00 TOT AL - First Citizens Bank of Bozeman - Bozeman $ 600,000.00 I This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, and the United Bank of Denver, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of March 31, 1983, by the several banks of Bozeman and approve and accept the same. Kenneth L. Weaver, Mayor Pro Tempore Mary B. Vant Hull, Commissioner Anne Fowler Anderson, Commissioner Judith A. Mathre, Commissioner The motion carried by the following vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Legislative Update City Manager Evans stated that the gas tax bill, which will levy a 1 t-cent-per-gallon tax on gasoline for local governments, was approved by the House of Representatives, during the third and final reading of the bill. The revenues from this source are earmarked monies I and can be used only for the maintenance or construction of streets. The City Manager further stated that the bill for local option taxes was defeated on Wednesday; and the Governor's Block Grant proposal was reduced from the proposed $6 million to $3 million. He then noted that a portion of the funding for the Governor's Block Grant comes from Oil Severance Tax Funds; and if the price of oil decreases, there may not be sufficient monies to fund the replacement for motor vehicle license fees. Commissioner Vant Hull noted that the Governor's Block Grant proposal was passed by the House in the original amount of $6 mi llion. The Senate approved the proposal, but red uced the fu nd i ng to $3 million. The Governor's Block Grant will now be reviewed by a Conference Committee, comprised of members of the House of Representatives and the Senate, to determine the amount to be funded. Commissioner Anderson noted that there is considerable concern in the Legislature about the potential shortfall in funding during the upcoming biennium. Consent Items following items: 1-7,1983 ssociatlOn of Retired Persons Western Plumbin , Inc. for 56 .00 I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. 04-18-83 . U2U Executive Session at 5:55 p.m. - litigation Mayor Pro Tempore Weaver called an Executive Session of the Commission at 5: 55 p. m. for the purpose of discussing the litigation and complaint on the Special Improvement Districts in Valley Unit Subdivision and requested that all persons except the Commissioners, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Planalp and the Clerk leave the room. I Mayor Pro Tempore Weaver declared the Executive Session of the Commission closed at 6: 1 0 p. m. and reconvened the meeting. Recess - 6:10 p.m. Mayor Pro Tempore Weaver declared a recess at 6:10 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:05 p.m. Mayor Pro Tempore Weaver reconvened the Commission meeting at 7:05 p.m. for the purpose of conducting the scheduled public hearing. Public hearing - Zone Map Change - RS-1 to R-2 - tract of land in the SEt of Section 24, T2S, RSE, MPM (approximately 32 acres between South Third ana Wagon Wheel Road, across Trom -Figgins Addition) This was the time and place set for the public hearing on the Zone Map Change from RS-1 to R-2 as requested by Clair Daines and Carter Williams for that parcel of land located in the SEt of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The approximately 32-acre site is designated as being on the southwest corner of South Third Avenue and Wagon Wheel Road, across from Figgins Addition. Mayor Pro Tempore Weaver opened the public hearing. Assistant Planner Steve Lere presented the Staff report. He stated that the current RS-1 zoning is not consistent with the Master Plan, but the proposed R-2 zoning would be I consistent with the Master Plan. He also noted that the demand for R-2 zoned lots appears to be greater than the supply. Mr. Lere stated that the requested Zone Map Change could have a negative impact on the water supply and on the traffic generated on Wagon Wheel Road and South Third Avenue. The Assistant Planner stated that a petition containing 134 signatures stating opposition to the requested Zone Map Change was presented to the Zoning Commission. A copy of that petition has been forwarded to the City Commission. Also, two letters of opposition were received by the Zoning Commission. Assistant Planner Lere then stated that the Zoning Commission recommended denial of this application. Commissioner Vant Hull asked if RS-1 zoning with septic tanks and wells would create any sanitary problems in the area. She also noted that residents of the area were not antici- pating the requested density and asked if they should have been aware of the possible change. Assistant Planner Steve Lere stated that he foresees no problems created by wells and septic tanks in the area if the zoning remains as it is currently. He then noted that the 1972 Master Plan has listed the subject area as medium- or low-density residential. Commissioner Anderson asked what would be the difference between the number of allow- able dwelling units in an R-1 and an R-2 zoning on this parcel of land. Assistant Planner Lere stated that 150 units could be constructed in an R-2 Planned Unit Development and 115 units in an R-1 Planned Unit Development. Commissioner Anderson asked if the impact on the water supply could be serious. The Assistant Planner stated that in a dry year, the City does not have sufficient water rights at the present time. He then suggested that the Commission defer action on this I Zone Map Change unti I the request for annexation has been considered. Mr. Clair Daines, 104 Heritage Drive, stated that he has submitted an application for a Zone Map Change because he believes it is the proper zoning for the area. He stated that he has filed an application to rezone the subject site from RS-1 to R-1 due to the public protest received at the Zoning Commission. He noted that a rezoning takes approximately two and one-half months, and he wishes to have a final decision as soon as possible. 04-18-83 U21 Ms. Linda Brock, Architect for the project, residing at 2525 Landoe Avenue, presented to the Commission the proposed plat for the Planned Unit Development to be placed on this site. She noted that the plan contains 89 lots, and the development would be unique because 90 percent of the lots would provide direct solar access and because the individual units would have architectural design control. I Commissioner Mathre noted that the Commission must consider the Zone Map Change request on its own merits, rather than a specific design for a specific development on that site. Commissioner Anderson asked how much the design would need to be revised to fit an R-1 Zone rather than an R-2 Zone. Ms. Brock stated that no changes would need to be made. She stated that the density shown in the plan would meet the requirements of the R-1 Zone. Mr. Carter Williams, current owner of the property, residing in Great Falls, stated that he has owned this parcel of land for the past seventeen years. He stated that previous plats for this site have shown commercial development on the north side of the parcel and multi-family dwellings on the south side of the parcel. He also noted that it is not in the best interests of the city to have one-acre tracts developed along a portion of the southern boundary because it would prohibit further growth. Also, development of one-acre tracts in this area is not economically feasible, so denial of the application would create a parcel of undevelopable property on the edge of the city limits. Mr. Joel Shouse, Planning Consultant and currently a member of the City-County Planning Board, stated that he feels this site is one of the most logical places for develop- ment. He noted that recent growth has occurred along the south and west sides of the city. Mr. Shouse stated that for the new Waste Water Treatment Plant faci Iity to operate most effi- ciently, the Plant needs to be run at its maximum capacity. He also noted that the developer wishes city services for this site, which would make this site undevelopable under the current I RS-1 zoning. Mr. Shouse then presented to the Commission a report on the proposed Westwood PUD for this site. Included in that report are several pages of the new Master Plan. which is not yet adopted, and several pages of the Bozeman Area Transportation Plan, which was recently completed. Mr. Shouse noted that South Third Avenue is not listed as a problem area, either now or in the year 2000. He did note that the mixture of vehicles, bicycles and pedestrians along South Third Avenue is a problem because of the lack of curbs. gutters and sidewalks in the area. Mr. Clair Daines stated that he got a copy of the petition stating opposition to the proposed Zone Map Change and split the signatures into the various zones in the area. He then allowed one vote per lot in each zone. He noted that 90 percent of the lots in the ad- jacent RS-1 zone registered protests; 9 percent of the lots in the adjacent R-1 zones regis- tered protests; and 9 percent of the lots in the adjacent R-2 zone registered protests. Mr. Tim Warner, 3400 Wagon Wheel Road, stated that he does not oppose the individuals involved. but does oppose the requested Zone Map Change. He stated that the current sub- division is one of the finest in and around the city, and he does not want to see a higher density located next to the subdivision. Mr. Warner stated that there is a definite traffic problem on South Third Avenue, largely due to the fact that South Eleventh Avenue has not been extended to the south. He noted that the 1972 Master Plan may have indicated that the zoning should be changed on the subject site. However, when he purchased his home, he checked and found the surrounding land was zoned RS-1, with no proposals to change the I zoning. Mr. Warner stated that the RS-1 zoning provides a buffer to the city. He further stated that a sufficient amount of R-2 zoning currently exists in the city. Commissioner Anderson asked if there was any major protest when Woodridge was zoned R-1. Mr. Warner stated that the area did not protest that rezoning; and the development is a nice one. However, the residents in the RS-1 zone now feel that the existing RS-1 zoning in the area should be maintained rather than rezoning the property to R-1 or R-2. Mr. Ron Miller, Sundance Drive, noted that several people thought this Zone Map Change request was a dead issue and, therefore, are not attending the Commission meeting. Mr. Miller 04-18-83 U22 stated opposition to the requested Zone Map Change because of the traffic congestion, air pollution, noise pollution, increased crime and additional demands on the water supply that the rezoning would create. Mr. Miller stated opposition to any rezoning and feels that the zoning should be left as RS-1. B rea k - 8: 30 to 8: 35 p. m . I Mayor Pro Tempore Weaver declared a five-minute break at 8:30 p.m. to reconvene at 8:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Zone Map Change - RS-1 to R-2 - tract of land in the SEA- of S-ection 24, T2S, RSE, MPM (approximately 32 acres between South Third and Wagon Wheel Road, across from Figgins Addition) Mr. Bob McKenzie, 17 Trails End, stated opposition to the requested Zone Map Change. He noted that the existing traffic situation on South Third Avenue is bad because of the mixture of vehicles, bicycles and people walking or jogging. He noted that the question of how far the city should expand becomes the main issue when considering this type of rezoning. Mr. McKenzie stated that he purchased his home in the RS-1 district because he likes the neighborhood and does not wish to see it change. Mr. McKenzie further noted that projections indicate that 50 percent of the existing subdivided lots will be utilized by the year 2000. He then stated that once the parcel of land is rezoned from RS-1 to R-2, the developer is not required to utilize the drawing that has been presented to the Commission, but could greatly increase the number of units in the development. Mayor Pro Tempore Weaver noted that with the Planned Unit Development proposal, as it is proposed, the plans for the entire area would be approved through the plat approval process. Commissioner Anderson asked Mr. McKenzie if the R-1 zones in that area appear to be I crowded. Mr. McKenzie stated that the R-1 zones in the area are attractive because of the open land which is immediately adjacent. Mr. McKenzie noted that Mr. Daines has indicated the percentages in the different zones that have protested the development, and further noted that no one has indicated support of the requested Zone Map Change. Planning Director John Moss noted that one of the items mentioned in the public testi- mony is the availability of subdivided lots. He noted that within the city limits there are some areas of vacant land that can be developed as R-1 or R-2 parcels. However, there are not many R-1 lots currently available; and the available R-2 lots are mostly concentrated in the Valley Unit Subdivision. Mr. David Young, 3416 Wagon Wheel Road t noted that at the Zoning Commission meeting t concern was expressed for the aesthetics in the area. He stated opposition to the proposed Zone Map Change, but stated that he would support a proposal between the current proposal and the current RS-1 zoning. Mr. Allan Taylor, 13 Trails End, noted that the subdivision went through basically this same type of public hearing six years ago, when a proposal for multi-family dwellings was submitted. He stated that at that public hearing, concerns about the adequacy of R-2 lots; the traffic pattern on South Third Avenue, including the pedestrian/traffic interaction; sewer avai labi Iity and water avai labi Iity were expressed. Mr. Taylor then requested that the Commission deny the proposed Zone Map Change. I Mayor Pro Tempore Weaver noted that if growth continues, another proposal on this parcel of land could be submitted to the Commission in the future. He further noted that the Master Plan indicates that this property should be developed with R-1 or R-2 zoning. Mr. Taylor stated that the protestors are talking about a way of life and what they expected. He further noted that they have paid for the RS-l type of living. Mr. Ron Miller asked what an R-1 zoning would allow. 04-18-83 U23 Planning Director John Moss stated that R-2 lots must be at least 7,500 square feet in size; and R-1 lots must be at least 10,000 square feet. He also stated that townhouses and condominiums are permitted in either zone. The density for R-2 zoning is up to 7 units per acre; and the density for R-1 zoning is up to 3.4 units per acre. Mr. Ed Long, Figgins Addition, noted that something must be done with the land under I consideration. He further noted that there might be too much development being done outside the city limits; because he feels that the City needs the revenues received from growth. He suggested that rather than developing the property as R-2 lots, that larger lots be developed and nice homes be placed on the property. Mr. Long noted that traffic along South Third Avenue is a problem; and an R-2 subdivision would only add to those problems. He then suggested that whoever develops that property should also be responsible for the upgrading of South Third Avenue. Mrs. Joy Schendel, Figgins Addition, presented to the Commission a letter from Robert and Mary Ann Brown, also residents of Figgins Addition, expressing opposition to the proposed Zone Map Change. Mrs. Schendel then expressed opposition to the proposed Zone Map Change also. She also stated that orderly growth should be considered, rather than the manner in which Figgins Addition has been constructed. Mr. Paul Baker, Wagon Wheel Road, asked if the proposed 24-inch water main will increase the water volume and pressure to that area of the city. Mayor Pro Tempore Weaver noted that the new water main will increase the pressure, but wi II not alleviate the water availabil ity to the city. Mr. Baker also stated that several houses are located along Wagon Wheel Road. He expressed concern for the safety of children in the area if the proposed Zone Map Change is approved. Break - 9:30 to 9:35 p.m. I Mayor Pro Tempore Weaver declared a five-minute break at 9:30 p.m. to reconvene at 9:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ms. Linda Brock, 2525 Landoe Avenue, stated that she is part of the 91 percent in the R-2 zoning who does not oppose the proposed Zone Map Change. She also noted that there are better ways for a subdivision to grow than the way in which Figgins Addition has developed. She stated that Mr. Daines' proposal would provide for better growth. She noted that the subdivision would be completely developed initially, rather than in pieces. She also noted that many of the comments have addressed the quality of life in Bozeman. Ms. Brock stated that the quality of life is not in building on one-acre tracts; but is the preservation of the air and water, which can' be accomplished through denser concentrations within the city. Mr. Daines noted that the safety of children must be considered. He further noted that there is a demand for R-2 lots within the city. He noted that the housing market has been stagnant for the past three or four years, but the demand for new homes is now beginning to increase. Mr. Daines also stated that if this parcel of land is not developed as a first- class area, the houses will not sell. Mr. Daines once again noted that the Master Plan indicates that this property should be developed in an R-1 or R-2 zoning district. Also, the Planning Staff has recommended I that the property be developed in accordance with the Master Plan. Mr. Daines further noted that he could accept an R-1 zoning rather than the requested R-2 zoning. The plan for Westwood Planned Unit Development that Ms. Brock submitted to the Commission will require no changes to place in an R-1 zone. Mr. Tim Warner stated that one of the major concerns of the residents in the RS-1 district is what the proposal for the sixty acres adjacent to the thirty-two acres will be if this proposal is approved. He feels that the entire ninety-plus acres should be included in 04-18-83 02L} one proposal. Mr. Warner that this approach could alleviate a lot of fears and objections in the area. Mr. Carter Williams noted that it would be nice to develop this entire area as RS-1 zoning. However, this type of development could present problems for future City Commissions when they consider proposed annexations. Mayor Pro Tempore Weaver closed the public hearing. A decision will be forthcoming I following consideration of the request for annexation on this parcel of property. Adjournment - 10:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 04-18-83