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HomeMy WebLinkAbout1983-06-20 129 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 20, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, June 20, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, City . Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. Action on the minutes of the regular meeting of June 13, 1983 was deferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be removed for discussion. Recreation Director's report - short-range Master Plan for Recreation and Parks Recreation Director Mike Aune stated that the citizen1s advisory board has identified five projects that should be considered in the short-range Master Plan for Recreation and Parks. Those projects are ranked in importance as follows: (1) multi-purpose indoor loutdoor sports complex; (2) Jarrett Park in Figgins Subdivision; (3) Centennial Park; (4) ABC Park; and (5) a golf course. He stated that the priorities were based on the greatest impact on the greatest number of people. Mr. Aune stated that the Recreation Board has reviewed the proposed short- range Master Plan for Recreation and Parks but has not submitted a recommendation. Commissioner Vant Hull requested an update on the ABC Park. Mr. Aune stated that work has begun on the Park. He stated, however, the contractors have not been communicating directly with his office. Mr. Aune then stated that little thought has been given to how a golf course would operate I and how costs would be absorbed. He noted it is critical that questions be answered prior to funding of any location for a golf course. Commissioner Vant Hull noted that City residents pay a large amount in County taxes; and the City receives little funding back from the County. She feels that the County should pay $80,000.00 for the sports complex and a portion of the costs for the other parks to cover the costs of County residents using City facilities. Mr. Aune stated that the proposed projects should be City ICounty projects because they meet the needs of the entire area, not just Bozeman. Commissioner Anderson asked if any contingency plans for deficit funding have been considered for the proposed sports complex. Mr. Aune stated that the sports complex would be under the jurisdiction of the Gallatin County Sports Councilor the Recreation Department. He stated that facility fees would be cha rged to offset the costs of operation. He noted that the initial cost of the facility would be borne by the taxpayers, but they should not be requested to provide monies for operation of the facility if the facility operates as it should. Mayor Stiff asked if there will be a need to use the various school gymnasiums if a sports complex is built. Mr. Aune stated that qdditional facilities would not accommodate the demand. He noted there is more interest in the basketball program than space will accommodate. He also stated that this proposal includes construction of the outdoor portion of the complex, restrooms, parking and concessions. He stated the indoor portion of the complex would be added later. I Mr. Aune then stated that a site for the facility has not been determined. He indicated al- ternatives include sites with access off South Nineteenth Avenue and South Third Avenue. Commissioner Vant Hull suggested that a site with access off U. S. Highway 191 might be considered. She then asked if a sixteen-acre tract would be large enough to accommodate the facility. Mr. Aune stated the Recreation Department had only considered sites that are currently available. He noted that sale of possible sites currently under private ownership must be 06-20-83 130 initiated by the owner. He stated one consideration in selection of a site is that the facility will create a heavy traffic flow. Commissioner Vant Hull then asked what the next step will be. City Manager Evans stated that any potential expenditure of funds should be considered in the Capital Improvement Program. He noted other entities would be involved in funding of the project and must have an opportunity to act on the proposal. The City Manager stated the I City does not have sufficient funds to cover costs of the proposed facility. Discussion - Swim Center remaining open in July and August City Manager Evans presented to the Commission correspondence from the Pool Manager, Recreation Director and Assistant City Manager Barrick concerning the Swim Center remaining open in July and August. The City Manager recommended that the Commission approve the Swim Center remaining open in July and August because advertising has been completed, and scheduling includes closure during other portions of the year. The City Manager noted that in the past, the Swim Center has been closed during the summer, and Bogert Pool has been open. He indicated that scheduling of the pools should be reviewed, with the possibility of per- manently closing Bogert Pool. Commissioner Vant Hull noted that a two-week closure is listed in February. She asked if that is the only closure anticipated or if the Swim Center will be closed at other times during the high energy consumption period as well. City Manager Evans stated that he has not reviewed the proposal in detail. He noted he is confident that energy savings will be realized with the pool blanket and dehumidification equipment in place for the new fiscal year. He also stated that remodeling could be considered in the future, which should increase use of the facility and possibly further decrease energy consumption. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Swim Center remaining open during July and August 1983. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request for one-year extension of the approved Preliminary Subdivision Plat for Shiloh Town- house Project City Manager Evans presented to the Commission a request submitted by Band K Partnership for a one-year extension of the approved Preliminary Subdivision Plat for the Shiloh Townhouse Project. Assistant Planner Steve Lere stated that the subject site is located at the corner of South Nineteenth Avenue and West Koch Street. The Assistant Planner stated that a Condition- al Use Permit had been approved for the eighteen-unit townhouse complex; but it had expired on May 10, 1983. He then recommended that the Commission approve the one-year extension of the Preliminary Plat, noting that the applicant must resubmit his application for a Conditional Use Permit prior to development of the site. City Manager Evans concurred in the Planning Staff recommendation to approve the request for a one-year extension of the Preliminary Plat. Commissioner Vant Hull noted there is no park in that area of the city and asked if it would be possible to require a park in the development. Assistant Planner Steve Lere stated that the City could purchase land for a park. He then stated that this site was involved in a previous park requirement decision and cannot be I required to develop a park. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by Band K Partnership for a one-year extension of the approved Preliminary Subdivision Plat for the Shiloh Townhouse Project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 06-20-83 131 Update on Community Development Block Grant application; Commission Resolution No. 2458 - acknowledging blight conditions do exist in the City of Bozeman Mr. Mike Ross, Housing Development Associates. presented an update on the Community Development Block Grant application. He stated that in the application, he attempted to split the proposed project over the three years of the program. He then reviewed the proposed break- I down for the CDBG program monies, as follows: first year - rehabilitation of thirty dwelling units; funding for Centennial Park; Beall Park building; Cottonwood Street water line; engineering and design for Brady and Fridley Streets; contingencies; neighborhood advisory boards; and administration, for a total of $498,800, of which $334,000.00 would be CDBG monies; second year - rehabilitation of fifteen dwelling units; reconstruction of Brady and Fridley Streets; land acquisition; relocation of present tenants; demolition of structures; engineering and design for Perkins Place, Plum and Ida Streets; contingencies; neighborhood advisory boards; and administration, for a total of $522.100, of which $496,700.00 would be CDSG monies; third year - rehabilitation of eighteen units; water line in Perkins Place and water line and paving on Plum Street; Beall Park rehabilitation; land acquisition; relocation of present tenants; demolition of structures; water line and paving on Ida Street; neighborhood advisory boards; contingencies; and administration, for a total of $569,730.00, of which $488,650.00 would be CDBG monies. Mr. Ross then reviewed the percentage of low- and moderate-income people that would be benefited by this proposed breakdown: rehabilitation of dwelling units - 100.0 percent; reconstruction of streets and water lines - 74.3 percent; land acquisition - 74.3 percent; re- location of present tenants - 100.0 percent; engineering and design - 74.3 percent; demolition of structures - 74.3 percent; contingencies - 74.3 percent; neighborhood advisory boards - 74.3 percent, for an average of 86.8 percent of the CDBG program monies that would benefit low- and moderate-income people. Mr. Ross then noted that all of the above figures are preliminary and might vary I slightly in the final application. He then reviewed the estimate of program income over the next eighteen-year period, in addition to the initial grant monies. He noted that the City will receive $775,000.00 back from the program in addition to the initial funding through loan repayments. Commissioner Weaver asked if the monies received through paybacks on loans is to be used for programs that qualify under the CDBG guidelines of if the monies are to return to the target area, including improvement of Plum Street. Mr. Ross stated he has just begun to write that portion of the application. He noted that it will contain a provision to use the CDBG monies for eligible activities within the re- development area to foster the goals of housing rehabilitation and public facilities infra- structure. Mayor Stiff asked about the administration line item in the proposed use of CDBG monies. Mr. Ross stated that the Department of Housing and Urban Development allows twenty percent of the CDSG monies to be used for administration. He stated that the State has taken two percent of the grant monies for administration, leaving eighteen percent for the City to use for administration costs. He noted that the application lists seventeen percent for the first year, fourteen percent for the second year and fifteen percent for the third year. Mr. Ross stated that if the City receives the grant and Housing Development Associates is retained to help administer the program, they would probably request sixty to seventy percent of adminis- tration monies the first year, forty-five to fifty percent the second year and none the third year. I Mr. Ross then stated that they have received several letters of support from the redev- elopment area about Centennial Park. He stated that additional letters of support 'for the program would be helpful in the application. Mr. Ross then stated adoption of a resolution stating that bl ight conditions do exist in the target area will not create problems. He indicated that this program cannot be compared to the tax increment financing proposal that was submitted to the City in 1981. Commissioner Vant Hull asked if a new program, such as street lighting, can be started once the application is approved. 06-20-83 132 ~ Mr. Ross stated that monies would have to be transferred from a requested program to a new program. He noted this process is not easy. He stated, however, after the third year of the program, any eligible program may be instituted for the proceeds from the CDBG program. Mr. Ross then noted that the public facilities and infrastructure is the strongest part of this application. He stated the target area contains 872 sub-standard structures that should be rehabilitated; and the program addresses 63 of those units in the first three years. He stated I that the loan programs are usually based on a twenty-year repayment schedule. Mr. Ross then stated the public hearing on the application will be held next Monday evening. He stated the hearing will probably be lengthy and suggested that the Commission could conduct a work session on the application during the afternoon session if they so desire. The Commission set a work session to begin at 3:00 p.m., prior to the regular Commis- sion meeting. City Manager Evans then presented Commission Resolution No. 2458, entitled: COMMISSION RESOLUTION NO. 2458 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THAT BLIGHT CONDITIONS DO EXIST IN THE CITY OF BOZEMAN, MONTANA. Mr. Ross stated some of the numbers in the body of the resolution are incorrect. He noted that the reference to 70 percent of the houses in the target area being substandard should be changed to 71.7 percent; the reference to 19.5 percent concentration should be changed to 22.0 percent; and the reference to the concentration of low- and moderate-income households should be changed from 78 percent to 74.3 percent. City Manager Evans recommended that the Commission adopt Commission Resolution No. 2458 with the changes as recommended by Mr. Ross. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission revise the percentage figures in the Resolution as listed by Mr. Ross and adopt the revised Commission Resolution No. 2458, establishing that blight conditions do exist in the City I of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. B rea k - 5: 1 0 to 5: 1 5 p. m . Mayor Stiff declared a five-minute break at 5:10 p.m., to reconvene at 5:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Absence of Commissioner Mathre - meeting of June 27, 1983 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the absence of Commissioner Mathre from the June 27, 1983 meeting 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 Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Authorize transfer of $141,892.13 from SID Revolving Fund to various SID accounts City Manager Evans presented to the Commission a request on behalf of the Director of Finance to transfer $141,892.13 from the SID Revolving Fund to various SID accounts. Commissioner Anderson noted the memo from the Director of Finance indicates that after the requested transfer, the SID Revolving Fund balance will be 3.8 percent of the total out- standing SID bonds. She asked if the current balance is 5.0 percent of the outstanding 51 D I bonds. Director of Finance Swan gtated that later on the agenda, the Commission will consider two resolutions authorizing the sale of bonds for SI D Nos. 615 and 632. She noted that one of the questions asked by the financial institutions is the balance of the SI D Revolving Fund and the percentage of that balance to the total outstanding SID bonds. She stated that the ideal SID Revolving Fund balance is 5.0 percent of the outstanding SID bonds. Commissioner Weaver asked if the SID Revolving Fund balance could affect the interest rate on the new bond issues. 06-20-83 133 Director of Finance Swan stated that it could. Commissioner Anderson asked how the SID Revolving Fund would be funded if amounts are transferred from the SID Revolving Fund to various SID accounts without those monies being replaced. The Director of Finance stated that the City can assess a mill levy to fund the account; I 3 percent of the amount of a newly created SID is placed in the SID Revolving Fund; interest earnings on the Revolving Fund can be used; and the SID Revolving Fund may borrow from the General Fund upon approval by the City Commission. She noted that five of the SID's on this list involve raw land and are currently involved in litigation. She stated that the litigation has delayed what would have been a timely process and would have created no drain on the SID Revolv- ing Fund. City Manager Evans recommended that the Commission authorize the requested transfer from the SID Revolving Fund to the various SID funds. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the request submitted by the Director of Finance to transfer funds from the SID Revolving Fund to various SI D funds as follows: Interest Due Transfer SID No. Description July 1, 1983 Needed 605 Graf's First Subdivision $ 18,315.00 $ '867.59 619 Lea A venue 1,123.88 1,122.22 621 Valley Unit Subdivision 26,701.25 26,686.13 622 Valley Unit Subdivision 15,426.25 10,869.22 623 Valley Unit Subdivision 24,343.75 16,916.47 624 Valley Unit Subdivision 23,318.75 20,582.03 625 Valley Unit Subdivision 85,382.50 60,033.21 630 22nd Street and University 4,837.50 4,815.26 TOTAL $199,448.88 $141,892.13 I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Reconsider Commission action on deferral of annexations Mayor Stiff requested that the Commission reconsider its action taken at their meeting of June 13, 1983 concerning the proposed one-year deferral of annexations. He stated that the Commission has indicated it will continue to consider annexations while requesting the City Manager to review the criteria used for consideration of annexations. He noted that not on Iy the Commissioners are concerned about the impression that potential developers and businesses may receive. The Mayor stated that several items must be addressed, such as the City1s legal ability to charge impact and hook-up fees for City water and sewer. Mayor Stiff then stated that the Commission should consider possible funding of a study to develop a formula for charg- ing impact and hook-up fees. He indicated that the City cannot adequately address annexation issues until some of the items have been studied and definite criteria established. Mayor Stiff indicated that the Commission could fund a large portion of the study on impact and hook-up fees through its budget. City Attorney Crumbaker-Smith expressed concern about the decision-making process which the Commission currently uses on consideration of annexations. Commissioner Weaver stated one of the items that should be addressed is the City's current water supply. He also noted that he feels the study should be conducted by a third I party because he does not feel the City has expertise in any of the above-mentioned areas. Mayor Stiff concurred that an independent study should be conducted. Commissioner Vant Hull stated concern that a person conducting an independent study might miss some items the City feels are important. Mayor Stiff questioned what length of time the study should be given. He suggested possibly ninety days. Commissioner Weaver suggested that the City Manager be allowed time to address resource needs and allow staff time to respond on study and funding requirements. 06-20-83 134 Mayor Stiff noted that the study is more the Commission1s responsibility than the City Manager's. He stated that this process involves basic policy changes. Commissioner Anderson stated the water supply will limit the growth of the city. Commissioner Vant Hull noted the Planning Staff has indicated that the development of one-acre lots along the city's perimeter will create problems when the City considers future expansion. I Mayor Stiff stated that the Commission must determine how to select someone to conduct an independent study who is well qualified to do the study. Commissioner Weaver stated that, although the study will be funded through the Commis- sion's budget, the City Manager will implement the findings of the study. City Manager Evans stated that an independent study would be beneficial. He stated that management could recommend the hiring of an individual or firm. He also stated a sub- committee of the Commission could help in the selection process. The City Manager stated that if the entire Commission were to become involved in the selection process, it would become more lengthy and allow less time for the actual study. He then indicated that if the Commission wishes, the management wi II select the fi rm to complete the study. Mayor Stiff once again noted that impact and hook-up fees are important to the City. He stated the legality of these fees and the amount that can be charged must be determined; and he feels that an independent firm1s opinion will help in the decision-making process. Commissioner Weaver stated the critical question on several annexation requests is the immediate water supply. He noted an uncertainty about whether or not the supply is adequate for further annexation. Mayor Stiff stated he feels the City Manager can combine the information received from the independent study with the staff's recommendation on water, transportation and infra- structure needs that is to be completed within sixty days. City Manager Evans stated that the City has identified the problems to be addressed and should move forward in getting the answers. He noted that hook-up fees are important in con- I sideri ng the futu re of the water and sewer uti! ities. He also stated that impact fees for water, sewer and streets which are reasonable and equitable should be established as soon as possible. The City Manager stated if the City can answer the problems on a shortterm basis in a manner that everyone can understand, the City will have criteria upon which to base decisions and will be able to move forward on development of long-term needs. Mayor Stiff stated he would prefer to have the City Manager advertise and select a con- sultant, with all recommendations submitted to the entire Commission, possibly in ninety days. Commissioner Weaver asked how a decision on this matter will affect the public hearings to be held during the evening session. City Manager Evans stated that the Commission must proceed with the public hearings since they have been advertised. He indicated the decision process may be deferred until the studies have been completed. The City Manager also stated that three previously denied requests for annexation are I isted on the agenda for reconsideration of the previous action. He suggested that the staff prepare a budget amendment, to be submitted at next week's meeting, to obligate monies from this year's budget. Mayor Stiff indicated a portion of the monies to be transferred could be taken from the reserve in the Commissioners' salaries. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- mission authorize and direct the City Manager to proceed to seek consultants, and to come back to the Commission within ninety days with recommendations concerning hook-up fees, impact fees and short-term water assets and needs of the City. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Break - 5:55 to 6:00 p.m. Mayor Stiff declared a five-minute break at 5:55 p.m., to reconvene at 6:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 06-20-83 13S Executive Session - Personnel and Labor Negotiations Mayor Stiff called an Executive Session of the Commission at 6: 00 p.m. for the purpose of discussing personnel and labor negotiations and requested that all persons except the Commissioners, City Manager Evans, City Attorney Crumbaker-Smith and the Clerk leave the room. I Mayor Stiff declared the Executive Session of the Commission closed at 6: 20 p. m. and reconvened the meeting. Recess - 6:20 p.m. Mayor Stiff declared a recess at 6:20 p.m., to reconvene at 7:00 p.m. for the purpose of conducting public hearings and completing the routine business items. Reconvene - 7:10 p.m. Mayor Stiff reconvened the Commission meeting at 7: lOp. m. for the purpose of conduct- ing public hearings and completing the routine business items. Public hearing - Conditional Use Permit - White's Land Company for Gene Cook - allow mobile home display and sales on Lot 5, Block 1, Triangle Area Annexation (West Main Street) This was the time and place set for the public hearing on the Conditional Use Permit requested by White's Land Company for Gene Cook to allow a mobile home display and sales on Lot 5, Block 1, Triangle Area Annexation. This parcel is located on West Main Street. City Manager Evans stated that the Zoning Commission had continued this public hearing. He then recommended that the Mayor open and continue the public hearing to July 5, 1983, to allow the Zoning Commission an opportunity to conduct its public hearing and submit a recommen- dation to the Zoning Commission. Mayor Stiff opened the public hearing and continued it to July 5, 1983. I Public hearing - Conditional Use Permit - Gallatin County Commissioners - allow a 100-foot communications tower at the Law and Justice Center, 615 South Sixteenth Avenue This was the time and place set for the public hearing on the Conditional Use Permit requested by the Gallatin County Commissioners to allow a 100-foot communications tower at the Law and Justice Center located at 615 South Sixteenth Avenue. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated that the original application listed an 80-foot communications tower to be placed on top of the Law and Justice Center. He stated, however, the stress would have been too great, so the application is now to place a 100-foot communications tower on the ground at the southwest corner of the Law and Justice Center. Mr. Lere stated that this is a temporary location for the communications tower until the tower is moved to its permanent location and a microwave dish is installed on top of the Law and Justice Center. The Assistant Planner stated that the PLI District, in which the Law and Justice Center is located, has no height restrictions. Assistant Planner Lere stated that the Zoning Commission had" considered the requested Conditional Use Permit and recommended approval on the condition that it be only located at the Law and Justice Center for eighteen months. County Commissioner Wilbur Visser stated this Conditional Use Permit has been requested until the tower can be moved to its permanent location west of the Gallatin River. He stated this tower will provide for communications throughout the County. I No one was present to speak in opposition to the granting of the Conditional Use Permit. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that, in view of the imperative need of the communications tower and due to the fact no opposition has been expressed, the customary one-week interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by the Gallatin County Commissioners 06-20-83 . 13C to allow a 100-foot communications tower at the Law and Justice Center located at 615 South Sixteenth Avenue, subject to the following condition: 1. That a Conditional Use Permit be issued and that it be valid for a period of only eighteen (18) months following approval of the use. Prior to ex- piration of the permit at the end of that period, the application must be reviewed to determine if any changes have been made in the plans as originally proposed. An on-site inspection will be made and a report made to the City Commission for their action. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Public hearin - Commission Resolution No. 2451 - intent to annex Westrid e Meadows Planned eve opment, Phase I This was the time and place set for the public hearing on Commission Resolution No. 2451, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2451 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the tract of land being considered is approximately two acres in size and is located south of Kagy Boulevard, adjacent to and west of the Valley View Golf Course. He stated this tract is the second phase of the Westridge Meadows Planned Unit Development, for which the Master Plan was approved on April 19, 1982. He stated that water and sewer services are available to the site. He stated I the plan for this tract contains eight condominium units in three structures. Mr. Lere stated this request for annexation is for two of the twelve acres in the Planned Unit Development which are currently outside the city limits. Mr. Don Weaver, applicant, 2404 Spring Creek Drive, stated that the schedule for develop- ment of the Planned Unit Development lists beginning of development of Phase II in 1983 or 1984 with completion of Phases I and II by the end of 1985. Mr. Weaver stated he does not intend to begin development of Phase III until 1990 or later. He stated that last year, he had signed an Improvements Agreement which required construction of water, sewer and street improvements for Phase I by December 31, 1983. He stated he was also required to extend Valley Drive through Phase II and construct a secondary emergency access to Spring Creek Drive. He stated that since the water and sewer lines are located under the street, it seemed best to also extend those services. Mr. Weaver stated concern about being included in a Special Improvement District as a minority after constructing improvements to his own development. He also indicated concern about constructing the improvements entirely at his expense, with the improvements becoming a part of the City's water and sewer systems, and new developments hook- ing into the system without any reimbursement for his expenses. Mr. Weaver then stated that Director of Public Service (Works) Holmes has requested that he write a letter for an easement through his property which would be binding on his assigns and heirs to be recorded so that future condemnation would not be required. He indicated he does not want the street through the Planned Unit Development to become a through street, but feels an emergency access should be maintained as well as the private street. I Mr. Mike Nash stated he is not opposed to the requested annexation. He stated he does oppose a private street which would isolate an area of the city with potential of being developed from some of the City's major streets. He noted that the isolated areas would be required to enter on Sourdough Road, South Third Avenue or Goldenstein Lane. Commissioner Vant Hull stated that the Master Plan for Westridge Meadows Planned Unit Development has been previously approved. 06-20-83 137 Mr. Weaver stated he had not considered the possible development of Mr. Nash's proper~ ty and potential desire to use the private road. He indicated he had spoken to Mr. Gene Graf about the private road. Mr. Gene Graf, III, stated that Mr. Weaver has indicated Graf Street is platted as the primary access to Graf1s Fourth Subdivision, which is located south of the subject property. I He stated he does not feel that a private street through Westridge Meadows Planned Unit Development is in the best interests of the City because it effectively eliminates any north/ south streets between Sourdough Road and South Third Avenue. Mr. Graf indicated that, if the Commission has approved the private road through the Westridge Meadows Planned Unit Development, he would like an indication from the Commission that they feel Graf Street will provide adequate access to Graf's Fourth Subdivision, since it is currently annexed and zoned R-2. Mr. Graf then stated that he and Mr. Nash have an agreement that their two properties will be connected to provide an east/west traffic flow between Sourdough Road and South Third A venue. Commissioner Weaver asked Mr. Graf how much of his property is located north of Graf Street. Mr. Graf stated that about 100 acres is north of Graf Street. In the current zoning, that would allow for 400 to 500 new residences. Commissioner Mathre noted that it is usually unwise to have only one access to a large development. She indicated that the Commission should be aware of the situation on Mr. Graf's property and the reason for limited access. She noted it would be unfair to the developer to deny development on the basis of I imited access when that situation was created by the City Commission. Assistant Planner Steve Lere stated that the Master Plan shows access from Mr. Graf's property to Sourdough Road and to Goldenstein Lane. Mr. Clair Daines, building contractor for the Westridge Meadows Planned Unit Develop~ I ment, stated that during the public hearings on this development, the neighbors indicated they wanted a quiet area, and not a thoroughfare. He stated that the private street was established partially because the neighbors felt it was a good idea. He also stated that the access shown in the Master Plan is a better long-term access than through Westridge Meadows Planned Unit Development to Kagy Boulevard. Mr. Don Weaver stated that when Graf's Fourth Subdivision was annexed, he understood that Graf Street would be the access. He indicated that in the past there was no suggestion of having a public road through Westridge Meadows. Mr. Weaver then stated that he cannot agree to installing a public road through Westridge Meadows because he has created the Westridge Meadows Ownersl Association, which has responsibility for the road and which excludes the possibility of dedicating the roadway for public use unless all of the property owners agree to the proposal. He then indicated that at no time in the past has the possibility of a north/south arterial through Westridge Meadows been discussed. Mayor Stiff closed the public hearing. A decision will be forthcoming in two weeks. B rea k - 7: 55 to 8: lOp. m . Mayor Stiff declared a break at 7:55 p.m., to reconvene at 8: 10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties This was the time and place set for the public hearing on Commission Resolution No. 2452, I as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2452 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN , THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. 06-20-83 138 Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated that this property is to be developed as single-family homes on 9,000-square-foot lots. The site plan contains 91 lots on approximately 31.714 acres located in the SEt, Section 24, Township 2 South, Range 5 East, MPM, more commonly located between South Third Avenue and Wagon Wheel Road, across South Third Avenue from Figgins Addition. He noted that the developer has requested a Zone I Map Change from RS-l to R-2, which is compatible with the Master Plan. He noted that the developer has also requested a Zone Map Change from RS-l to R-l for this site. Mr. Lere stated that the Allison Annexation and Graf1s Fourth Subdivision are located in the same general area and contain 250 acres of undeveloped land. Grafls Fourth Subdivision is currently zoned R-2; and Allison Annexation is zoned AS. He noted that the Allison Annexa- tion will probably be zoned for residential use in the future. Mr. Lere stated that if the subject property were rezoned R-2, the supply of lots would exceed the demand. .Iowever, there are few R-1 zoned lots in the city at the present time. The Assistant Planner stated that RS-l zoning is not a compatible zoning for property near the city limits and is difficult to annex because of the cost of providing City services to the potentially developed lots. Mr. Lere stated the land should be rezoned to city density at the time of annexation of this tract of land. Assistant Planner Lere stated that sewer is available to the site; and the system has adequate capacity for development of this property. At the current time, there is not suffi- cient water avai lable to support the development. The Staff recommends that ingress/egress to the property be from Wagon Wheel Road and that access from South Third Avenue be denied. He stated the City Engineer has recommended that the intersection of South Third Avenue and Wagon Wheel be made a "T" intersection rather than the present curve. Mr. Lere stated there is high seasonal groundwater on the property, but no potential flooding. The County Road Office recommends that the property to the east of the subject property also be annexed because it would be surrounded. The Chief of Police has indicated that response time to the area could I be slow. The Fire Chief has stated there is not an available supply of water for firefighting purposes in the area. Mr. Clair Daines, applicant, 104 Heritage Drive, stated that the question to be answered is whether the requested annexation is in the best interests of the entire community. He stated the four areas to consider are fairness, appropriateness, impact and need. Mr. Daines indicated appropriateness is the significant question, and the only significant issue is water. Mr. Daines then stated that he has requested Ben Berg, Jim Dobrowski, Linda Brock and Joel Shouse to present testimony concerning various aspects of the annexation request. Mr. Ben Berg, Attorney, stated he has reviewed the water rights currently owned by Mr. Carter Williams, owner of the Sourdough Creek Properties, that are pertinent to the land proposed for annexation. Mr. Berg noted in a letter dated June 15, 1983, Mr. Williams offered the City five shares of Mystic Lake water. He stated those five shares will provide 347 acre feet of water. Mr. Berg noted that 185 acre feet, or 2.66 shares, are needed to provide suffi- cient water for the requested annexation, which means that Mr. Williams is offering the City 2.34 shares more than is required for development of the annexation. Mr. Berg stated water rights in a reservoir are more desirable than water rights in a flowing stream because most flowing water has been appropriated for agricultural use. He stated that to convert the water use from agricultural to municipal requires approval from the Water Bureau in the Department of Natural Resources and Conservation. Mr. Berg noted the City initiated a transfer of the Lichtenberg water rights several years ago, and the transfer has not yet been completed. Mr. Berg then stated if Mr. Will iams' five shares are transferred to the City, the City will then own I three-fourths of the shares in Mystic Lake Reservoir. He stated he can understand the City's apprehension about the liability that could be involved in owning that large a percentage in Mystic Lake due to the status of rebuilding of the dam. Mr. Berg then stated Mr. Williamsl offer will be open until October. Commissioner Anderson asked how the water rights would be affected if it is found that Mystic Lake Dam cannot be restored. Mr. Berg stated the water rights would not be worth much. 06-20-83 133 Mr. Jim Dobrowski, Thomas, Dean and Hoskins, Inc., stated water and sewer lines are available to the area. He stated an eight-inch water line and a sewer line currently extend to development along Wagon Wheel Road. He noted the sewer line runs along the east boundary of the property, and stubs could be installed from that line to the subject property. Mr. Dobrowski stated if the developer does connect to that line, he should reimburse the Special Improvement District which extended the line. Mr. Dobrowski then stated when the 24-inch I water trunk line is installed along Graf Street, the water pressure to the site will be sufficient. Ms. Linda Brock, Architect, 2525 Landoe, presented to the Commission a site plan for the proposed Planned Unit Development which would be developed on this site if it is annexed. Ms. Brock noted she had previously reviewed the character of the development during the public hearing on the request for a Zone Map Change. Ms. Brock stated the development would include approximately 90 single-family lots; and the houses would range in the $80,000.00 category. Ms. Brock stated the proposed development has three unique features: (1) the streets run east and west, so approximately 90 percent of the lots would have solar access; (2) the developer will maintain control over the design of the entire development; and (3) the aesthetics of the development will be provided through green belts and a fully developed park. Ms. Brock stated the plan has potential and would provide a quality addition to Bozeman. Mr. Joel Shouse, 35 East Mendenhall, stated the Master Plan has attempted to stop the sprawl around Bozeman and concentrate development in areas where that development will have the least impact on the community. He noted that development impacts the City even when it is located outside the city limits. Mr. Shouse stated both the current Master Plan and the pro- posed Master Plan identify the subject area as being annexed and developed in a low-density residential character. Mr. Shouse then stated two areas of concern have been expressed, those being water and transportation. Mr. Shouse stated a new water transmission line is currently being constructed along Sourdough Road. He stated this line is anticipated to increase the water supply to the City because it will eliminate the leakage which exists in the current I transmission line. Mr. Shouse stated the Transportation Plan has clearly identified that South Third Avenue does not currently have problems and is anticipated to handle growth in the area through the year 2000 with no needed improvements. He noted the majority of the concerns formerly expressed concerning transportation deal with the mix of pedestrian, bicycle and vehicular traffic on the same roadway. He suggested alternative routes for pedestrians and bicycles could be utilized through Figgins Addition and possibly Westridge. Mr. Shouse has also stated the owner of the property has indicated he would participate in Special Improvement Districts for the area. Mr. Shouse stated the subject site is one which can be absorbed into the city without any major impact if the water rights can be transferred. Commissioner Anderson noted the City has a duty to provide services to the land which has already been annexed but not yet developed. Mr. Shouse stated water and sewer lines are adjacent to the subject parcel and is bounded by streets on three sides. Also, the developer is offering the City a substantial amount of water, which will help to meet the City's needs. Mr. Shouse further stated this parcel can be more readily and easily developed than many of the parcels which have been previously annexed. Commissioner Weaver noted the request for annexation and the development of a Planned Unit Development on the site have been linked together. The Commissioner stated that develop- ment of a parcel cannot be directly tied to an annexation, although the developer indicates that is his intention. Mr. Shouse stated the next step in this particular development, after annexation and re- I zoning, is approval of the preliminary plat for the Planned Unit Development. He stated if the preliminary plat proposes a development which is determined undesirable, the Commission may deny that plat. Mr. Clair Daines stated the Master Plan provides for planned growth. He noted growth of the city has been primari Iy to the south. He further noted that sewer and water lines have been extended so this parcel of land can be easily added. Mr. Daines then reviewed eight issues that have been listed as obstacles to future annexations, including sanitary sewer, water, storm drainage, transportation, soils, sanitation, police and fire. Mr. Daines stated the Waste Water 06-20-83 14U Treatment Plant has been recently expanded. He noted that water is always a big issue; but Mr. Will iams is offering water rights to the City, which would offset the development's impact on the water supply. Also, the storm water would be retained on site, which has been recommended in the Storm Water Master Plan. The Transportation Plan states the traffic counts along South Third Avenue do not seem to prevent development in the area. Mr. Daines then stated most of the structures in this development could be built with basements, which people in the area seem I to desire. Mr. Daines noted the need for police protection is less in a residential area than in commercial areas. He then stated if the parcel is developed as a Planned Unit Development, the streets will be private; and the City would not be responsible for snow removal or street main- tenance. Mr. Daines then stated a study completed by the National Association of Home Bui lders indicated that in no case did residential development provide a negative impact on the integrity of the community. He noted the problems that do appear concern budgeting. Mr. Daines then reviewed the taxes a homeowner would pay on an $83,000.00 house, which is the anticipated value of the units in the PUD. Mr. Daines then noted the issue of availability of city lots to construct 10,000 houses has been raised. He stated the City has no obligation to incur costs to develop any of those lots. Mr. Daines then stated that people, rather than the property, cause the need for police protection. Also, the houses, rather than the property, need fire protection. He then noted the real issue becomes where the houses will be built, and whether people want to live in the city or in the country. Mr. Daines then noted two things bring people to Bozeman to live: the University and the quality of life. He then stated the Commission's decision on the re- quested annexation won't affect the number of houses built, but may affect the location of those houses. Mr. Don Weaver stated the question to be answered on this issue is what is good for Bozeman. He noted the proposed development is good; but that should not be considered in making the decision on annexation of the parcel. Mr. Weaver stated the present zoning is I inconsistent with the Master Plan; and annexation and rezoning would eliminate that potential problem. He then noted development of the land would increase the tax base for the City. Mr. Weaver also stated the subject annexation is one of the best prepared and best presented annexation proposals. 1\1r. Weaver stated the City's proposed deferral of annexations is sending the message to businesses to stay away from Bozeman. He then stated the City must project a more positive image and should attract more people. Mr. Weaver stated denial of annexations whi Ie studying the various problems is not a good approach. Mr. Lloyd Mandevi lie, 411 West Arnold, stated he is a realtor representing the buying public. He stated with the lots in Figgins Addition selling rapidly I available lots will soon be difficult to find. Mr. Mandeville stated if the subdivision is not annexed and subdivided, it will hurt the people trying to purchase their first home as well as second home buyers who wish to live within the city limits. He stated if the city does not continue to grow and provide additional properties for homes, the costs of existing houses will escalate. Break - 9:30 to 9:35 p.m. Hayor Stiff 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. Public ~earing (continued) - Commission Resolution No. 2452 - intent to annex Sourdough Creek PropertIes Mr. Ron Miller, 3305 Sundance Drive, reminded the Commission that the residents along I Wagon Wheel Road and Sundance Drive have submitted a petition I containing approximately 150 signatures, stating opposition to annexation and rezoning of this parcel of land. Mr. Miller stated the people in that area enjoy the quality of life that currently exists. He noted ninety percent of the people in the area oppose the annexation. Mr. Allen Anderson, 3302 Wagon Wheel Road, stated concern about the proposed Planned Unit Development which Mr. Daines has indicated he wishes to construct in the subject annexation. 06-20-83 141 He stated the number of homes proposed for thirty acres is high and will create high traffic levels on Wagon Wheel Road. Mr. Anderson stated joggers, walkers and bicyclists also use Wagon Wheel road as a recreational roadway. He then noted many issues have been brought forth during the public hearings on this parcel of land. Mr. Anderson stated he feels strongly that the proposed annexation is not in the best I interests of the City at this time. He stated the number of people who have expressed opposi- tion to the annexation and the reports submitted by the City staff indicating the problems to be faced as a result of annexation should be sufficient basis for denial of the annexation request. Mr. Clair Daines stated much of the opposition to the proposed annexation is being presented by residents in the unannexed areas around the subject property. He noted the subject property provides a buffer between those areas and the city; and annexation could cause them to feel threatened with potential annexation also. Mr. Daines then requested favorable considera- tion of the annexation request. Mayor Stiff closed the public hearing. A decision will be forthcoming in two weeks. Public hearing - Commission Resolution No. 2453 - garbage collection fees for FY 1983-84 This was the time and place set for the public hearing on Commission Resolution No. 2453, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2453 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the public hearing. Director of Finance Amy Swan stated Commission Resolution No. 2453 establishes the garbage I collection assessments for Fiscal Year 1983-84. This Resolution provides for the garbage collection assessments for each establ ishment serviced by City collection, and is based on a four-room, one-dwelling unit schedule. The Controller and Assistant City Engineer have pre- pared a report analyzing the costs of garbage collection and projecting the costs for Fiscal Year 1983-84. She noted the projected costs include the landfill fees for City garbage trucks. Director of Finance Swan stated the report indicates the base rate required to break even during Fiscal Year 1983-84 is $49.00 for four-room, one-dwelling unit structure. Commissioner Vant Hull stated a lower hardship fee for single elderly people living in large homes was suggested. She noted this Resolution provides for a $4.00 decrease in the garbage collection fees for this type of situation, and asked if that assessment could be de- creased further. Director of Finance Swan stated the calculations in the staff report indicate it costs a minimum of $45.00 for a garbage truck to haul the garbage from a residence for one year. She noted that the Garbage Fund is an enterprise fund and must pay its own way. I f the rate for hardship cases is lowered too much, the General Fund will then be required to subsidize the Garbage Fund, through a loan, or the base rate will need to be increased to eliminate an operat- ing deficit. The Director of Finance noted the Garbage Fund has carried a deficit balance for several years, and the proposed rate would hopefully eliminate that deficit. She stated the proposed fee for hardship cases would not place an undue strain on the other utility users or the taxpayers. Mr. Dave Cotting, Manager of Convenience Disposal, stated he has reviewed the staff I report and indicated concern about some of the figures listed in that report. He stated for approximately three years, the management people of Convenience Disposal have talked to the management of the City concerning a final determination of what the City will and will not service. He stated the City currently services over one hundred commercial entities. Since the City's assessment schedule is based on the number of rooms on a dwelling, the collection rates for those commercial entities are significantly lower than if a commercial hauler were to service those businesses. Mr. Cotting also stated the City picks up the garbage at some 06-20-83 142 apartment bui Idings but does not at other apartment buildings. He also stated some of the fraternities and sororities, churches, real estate offices and doctor's offices are serviced by the City and some by private haulers. Mr. Cotting stated that Convenience Disposal has been request- ing a determination on what type of structures the City will service and what type of structures the commercial haulers will service. He then formally requested that the Commission make that determination. Mr. Cotting then stated the law stipulates that if the government infringes upon areas I that have been relinquished to private haulers, the government must reimburse the private business for capital losses and profit losses due to the infringement. The law also stipulates that the government may notify a private hauler that it intends to infringe upon the territory currently serviced by that hauler and provide five years for phasing out of the private hauler's service. Mr. Cotting then requested the City determine the maximum number of dwelling units in a structure that the City will service. Mr. Cotting stated that when the landfill fees were increased by 300 percent, the private haulers were led to believe that all haulers would be treated equally and assessed on the same basis. He stated the report indicates this has not been done. Mr. Cotting also stated the estimated costs for operation of City trucks listed in the report appear to be low. He a I so stated that depreciation costs, based on a fifteen-year replacement period, should be included in the garbage collection costs. Mr. Cotting then addressed the City's efficiency in garbage collection. He stated the City employs six garbage collectors, who operate two trucks. He stated in the private sector, one man operates each truck and makes almost the same number of stops each day. Mr. Cotting then stated the staff report estimates that garbage collection from each residence costs approximately $4.00 per year in dumping fees at the landfill. I f the average residence produces two cans of garbage per week, the City will be faced with a deficit of slightly more than $30,000.00, based on the staff report. He then suggested that the Commis- sion consider utilizing private haulers for garbage collection in the future. I Mr. Neil Mann, Assistant City Engineer, stated the estimated costs of operating the garbage trucks is based on a review of the fuel consumption and maintenance costs for the past year. He stated the projected transfer from the Garbage Collection Fund to the Landfill Fund is $42,000.00 to cover the costs of City trucks dumping at the landfill. This is slightly more than $10.00 per unit which the City garbage collection services. Mr. Mann stated the base rate of $45.00 should cover all costs of the garbage collection operation, including the transfer to the Landfi II Fund. Commissioner Vant Hull asked why the City services over one hundred commercial entities if the private haulers are to service commercial enterprises. City Manager Evans stated no definition of a commercial entity exists for garbage col- lection purposes. He stated the City1s collection of garbage at commercial entities has gradually happened over the years as residences have converted to commercial uses. The City Manager stated the City would need to define commercial uses and mark them on a map to determine which areas the City would service and which would be available for commercial haulers. Commissioner Weaver asked if privatization of garbage collection should be considered at this time. City Manager Evans stated the union contracts for Fiscal Year 1983-84 have just been settled. Also, the City must make a determination on liquidation of its capital resources for garbage collection. The City Manager then stated the City has requested the County to develop a refuse district. If the County forms a refuse district which includes Bozeman, the City will no longer be involved in landfill operation. He then stated any effort by the City to change I procedures at this time may be wasted effort if the refuse district is formed. Break - 10:30 to 10:35 p.m. Mayor Stiff declared a five-minute break at 10:30 p.m., to reconvene at 10:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 06-20-83 143 Public hearing (continued) - Commission Resolution No. 2453 - garbage collection fees for FY 1983-84 Director of Finance Swan stated the garbage collection service currently operates under Ordinance No. 696, which was adopted in 1940. She stated this ordinance provides that premises may be eliminated from garbage collection services if the owners so request, or they may con- tract with private haulers for garbage collection services. She stated the commercial haulers I have picked up business accounts. However, through time, the initial uses of some buildings have changed, but the change in status has not been recorded in the garbage collection books. The Director of Finance stated that if someone comes in now to request garbage collection service, the address is checked to see if it falls within the City's collection district. Director of Finance Swan stated the number of commercial entities receiving City collec- tion has not been verified. She noted at this time the City has not defined what is considered a commercial entity. She then suggested the staff could submit a recommendation to the Commission which defines the areas to which City garbage collection will extend and which areas wou ld be open to private haulers. The Director of Finance noted this issue should be addressed. Mrs. Susie Haggerty, Convenience Disposal, stated several inconsistencies exist in the proposed fee structure. She also noted that some commercial accounts are being picked up by the City and some by private haulers. She stated that she has asked the City to define commer- cial and residential units and stipulate which the City garbage collection service will pick up. Commissioner Weaver asked Mrs. Haggerty if she feels the City is unfairly competing with commercial haulers in the collection of garbage from commercial firms. Mrs. Haggerty stated the City is charging fees based on residential units, and those rates are lower than the rates for commercial units. She stated if the private haulers had a broader base and more customers, they could handle landfill rate increases better and could reduce the amount of increase to each customer. Commissioner Weaver noted there appears to be some need for clarification of what types I of commercial accounts the City will service. City Manager Evans stated a survey of the location of commercial and residential units could be made and a determination of service areas prepared from that information. The City Manager noted this proposal would take time and would be an additional cost to the City. He also stated any legal questions would need to be addressed by the City Attorney. The City Manager noted that commercial haulers initially serviced only the downtown area. As the city expanded, the City garbage collection service opted not to service some of the annexations, which were then serviced by commercial haulers also. The City Manager also noted the uses of various structures have changed over the years, resulting in inequities. Mr. Clyde Jordan, Di rector of Environmental Services for Bozeman Deaconess Hospital, stated the Hospital is currently being serviced by a private hauler. He stated the Hospital is oppo'sed to any increase in residential garbage collection fees or landfill fees that will require the private haulers to increase the fees to their customers. Mr. Dave Cotting stated a board has been authorized to hire a private firm to study the matter of solid waste disposal in Gallatin County. He stated the study is anticipated to be completed in eight months, with the County Commission possibly adopting a policy within six months after completion of the study. Mayor Stiff closed the public hearing. A decision will be forthcoming in two weeks. Public hearing - Commission Resolution No. 2454 - landfill fees for FY 1983-84 This was the time and place set for the public hearing on Commission Resolution No. 2454, I as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2454 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFI LL. Mayor Stiff opened the public hearing. Director of Finance Amy Swan stated the proposed fees are based on the staff report re- ferred to in the previous public hearing. She stated the Assistant City Engineer has estimated 06-20-83 141+ the costs of operating the landfill for Fiscal Year 1983-84; and the fees are based on those calculations. Mr. Dave Cotting, Convenience Disposal, stated the company services 650 commercial enter- prises in Bozeman. He stated the rates adopted last year increased the company's landfill fees by 300 percent; and those costs were passed on to the customers. He noted that Convenience Disposal was notified in mid-August that the new rates would become effective September 1. I Mr. Cotting stated the short amount of time between notification and increase of the fees created problems for the company and its billing system. Mr. Cotting also stated the landfill operation was supported in part through the annual assessments. However, the rates implemented last year eliminated annual assessments for the landfill and shifted to increased gate fees at the landfill. He stated that shift in the funding support for the landfill created a 300 percent increase to commercial haulers and a 23 percent reduction in the annual assessment for residences. He then stated the proposed fee schedule would implement a 59 percent increase for commercial haulers and a 5 percent increase for residences. Mr. Cotting then stated the staff report estimates operation of the landfill wi II cost $182,000.00. He noted the Logan landfill receives approximately the same amount of garbage each year and operates on a budget of $100,000.00. He then stated the City uses different methods for assessing commercial haulers, City trucks and residents who haul refuse to the landfill. Mr. Cotting requested that all landfill assessments be equitable for all users and be based on volume and classification. He further noted the current method of assessing landfill charges has caused need for two gatekeepers, at an additional cost of approximately $25,000.00 per year. Mr. Cotting stated the records indicate 15,000 vehicles entered the landfill last year, of which 7,000 were cars and pickups. He noted, even though static costs are involved with each vehicle, the proposed fee schedule would decrease the charge for pickups and cars. Mr. Cotting then indicated the landfill has an expected seven-year life span. He noted the City should be setting aside monies in a fund for purchase of a new landfill site when the I current site is no longer usable. He noted another problem is the littering created by un- covered vehicles traveling to the landfill. He stated this problem should be addressed. Mr. Cotting then stated an increase in the fees to make the landfill operation self- supporting is justified. However, Convenience Disposal feels the increase should be fair and equitable for all users of the landfill. Mayor Stiff asked how much garbage Convenience Disposal hauls to Livingston. Mr. Cotting stated the company took documents for one of the banks to Livingston to be incinerated because their paper shredder had broken. He stated they do not intend to take garbage to Livingston because the cost is prohibitive. Break - 11 :35 to 11 :40 p.m. Mayor Stiff declared a five-minute break at 11: 35 p. m., to reconvene at 11: 40 p. m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Commission Resolution No. 2454 - landfill fees for FY 1983-84 Director of Finance Swan stated the City does not have a data base from which to prepare a fee schedule. She noted last year is the first year the garbage collection assessment and landfill fees were separated and isolated. She further stated that, historically, 30-yard packers have been charged $6.50 per load. The Director of Finance stated the proposed fee schedule appears to be more equitable and should provide the revenues needed to fund the landfill operation. I The Director of Finance then noted the reduction in the assessment for residential customers to which Mr. Cotting referred is the result of elimination of the annual landfill assessment. Director of Finance Swan then stated the most equitable method for assessing landfill costs would be through use of a scale. However, the City does not have the capital funds to purchase the necessary equipment for such a process. She stated the proposed fee schedule is the most defensible method of assessing landfill fees that is currently available to the City. 06-20-83 145 Commissioner Weaver noted the landfill provides a place for disposal of solid waste. He further noted the volume of solid waste directly affects the cost of the landfill operations. Mr. Cotting asked if it costs more for a gatekeeper to write out a slip for a 20-yard packer than for a car. The Director of Finance stated that cost is the same per ~ustomer. However, the amount I by which that load of solid waste is depleting the City's resources must also be considered. She noted that is the premise on which this fee schedule is based until more data on the landfill operation can be obtained. Mayor Stiff closed the public hearing. A decision will be forthcoming in two weeks. Reconsider decision to deny request for annexation submitted by James and Donna Edgerley (1.22 acres just north of city limits at intersection of Oak and L Streets) City Manager Evans recommended that, in view of the Commission action taken earlier this evening concerning the deferral of annexations during a 90-day study, the Commission not reconsider their decision of May 9, 1983 concerning the request for annexation submitted by James and Donna Edgerley at this time. City Attorney Crumbaker-Smith stated that no action by the Commission at this time will allow the original motion of May 9, 1983, to deny the request, to remain on the record. She stated that if the Commission wishes to reconsider that decision at a later time, it can once again be placed on the agenda. The Commission concurred in the City Manager's recommendation and did not reconsider their decision to deny the requested annexation. Reconsider decision to deny request for annexation submitted by William J. Sebena (2.2 acres in Section 8, T2S, R6E, MPM; east of the 1-90 interchan e on the north side of City Manager Evans recommended that, in view of the Commission action taken earlier I this evening concerning the deferral of annexations during a 90-day study, the Commission not reconsider their decision of May 9, 1983 concerning the request for annexation submitted by William J. Sebena at this time. The Commission concurred in the City Manager's recommendation and did not reconsider their decision to deny the requested annexation. Reconsider decision to deny request for annexation submitted by Bridger Canyon Townhouses (22.47 acres in the SEt, Section 32, T1S, R6E, MPM; between Bridger Drive and Hillside Lane) City Manager Evans recommended that, in view of the Commission action taken earlier this evening concerning the deferral of annexations during a 90-day study, the Commission not reconsider their decision of May 9, 1983 concerning the request for annexation submitted by Bridger Canyon Townhouses at this time. The Commission concurred in the City Manager1s recommendation and did not reconsider their decision to deny the requested annexation. for annexation - Roger H. and Rosalind I. Smith (41.6 acres in M; north of urston Roa and west of North ineteenth venue City Manager Evans presented to the Commission a request for annexation on behalf of Roger H. and Rosalind I. Smith for 41.6 acres located in the Et of Section 2, Township 2 South, Range 5 East, MPM. This parcel is located north of Durston Road and west of North Nineteenth I Avenue extended. The City Manager recommended that the Commission acknowledge receipt of the request at this time and defer any action on the request until the criteria for annexations have been developed. Commissioner Weaver noted that the Commission has approved a 90-day deferral of annexations while a study is completed. He stated reluctance to take a different action on this request than the actions taken on previous requests for annexation. City Manager Evans noted the City has received several request for annexations recent- ly. He stated he is hesitant to devote staff time to preparation of a staff report on the 06-20-83 146 annexation requests until the criteria for annexation have been developed and adopted by the Commission. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the petition for annexation on behalf of Roger H. and Rosalind I. Smith for 41.6 acres located north of Durston Road and west of North Nineteenth Avenue extended. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner I Mathre and Mayor Stiff; those voting No, none. City Manager Evans presented to the Commission a request for annexation on behalf of Stephanie Volz, Clarence "Buck" Bos, Norman Wallin and David Wallin for approximately 14.6 acres located west of the U.S. 191/West Babcock intersection, running north of West Babcock Street. The City Manager recommended that the Commission acknowledge receipt of the request at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the request for annexation on behalf of Stephanie Volz, Clarence "Buck" Bos, Norman Wallin and David Wallin for approximately 14.6 acres located west of the U. S. 191/West Babcock intersection, running north of West Babcock Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Appl ication for Raffle License - Headwaters Crimes toppers , I nc. - September 10, 1983; and request for waiver of fee City Manager Evans presented to the Commission an application for a Raffle License, I along with the required fee, on behalf of the Headwaters Crimestoppers, Inc., for a raffle to be held September 10, 1983. To be raffled is one three-minute shopping spree, valued at $500.00. City Manager Evans noted that Headwaters Crimestoppers, Inc., has also requested a waiver of the license fee. The City Manager recommended that the Commission approve the application for the Raffle License and deny the request for waiver of the license fee. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Raffle License submitted by the Headwaters Crimestop- pers, I nc., and deny the request for a waiver of the license fee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. City Managerls report - recommendations from Judicial Coordinating Committee City Manager Evans presented to the Commission his report on the recommendations sub- mitted by the Judicial Coordinating Committee. The City Manager requested that the Commission acknowledge receipt of his report. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the City Manager's report on the recommendations submitted to the Commission by the Judicial Coordinating Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I Pro osed Commission Resolution No. 2459 - requestin Commission to a ree to a .oint stu y on relocation 0 City ourt City Manager Evans presented Commission Resolution No. 2459, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RE- QUESTING THAT THE COUNTY COMMISSION UNDERTAKE A JOINT STUDY 06-20-83 147 CONCERNING THE POSSIBLE RELOCATION OF THE CITY COURT TO THE LAW AND JUSTICE CENTER. City Manager Evans noted this Resolution is based on the recommendations submitted by the Judicial Coordinating Committee and recommended the Commission adopt Commission Resolution No. 2459. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2459, requesting the County Commission to agree to a joint study on possible relocation of the City Court to the Law and Justice Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Ordinance No. 1134 - License fee for carnivals City Manager Evans presented Ordinance No. 1134, as revised by the City Attorney, entitled: ORDINANCE NO. 1134 AN ORDI NANCE OF THE CITY OF BOZEMAN, MONT ANA, AMENDI NG CHAPTER 5.06.170(B) OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR LICENSE FEES FOR CARNIVALS, STREET FAIRS, TENT SHOWS AND THE LIKE. City Manager Evans noted that on June 13, 1983 the Commission voted to reduce the license fee for carnivals from $30.00 per unit per day to $10.00 per unit to day. The City Manager then recommended the Commission provisionally adopt Ordinance No. 1134 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Ordinance No. 1134 and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Ander- son and Mayor Stiff; those voting No, none. Commission Resolution No. 2456 - cash-in-lieu of parking stalls City Manager Evans presented Commission Resolution No. 2456, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2456 A RESOLUTION OF THE CITY OF BOZEMAN ESTABLISHING A FEE OF $1,200.00 AS THE CASH-IN-L1EU PAYMENT OPTION TO THE OFF-STREET PARKING REQUIREMENT UNDER THE ZONING TITLE OF THE BOZEMAN MUNICIPAL CODE. City Manager Evans stated the Commission had considered this Resolution at last week's meeting and had submitted proposed revisions. The City Manager stated the City Attorney has reviewed the revisions and recommended the Commission finally adopt Commission Resolution No. 2456, providing a payment plan for the cash-in-Iieu payment for off-street parking spaces. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission finally adopt Commission Resolution No. 2456, providing a payment plan for the cash-in-lieu of off-street parking spaces. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commission Resolution No. 2460 - authorize sale of bonds for SID No. 615, sanitary sewer in I Burrup Annexation City Manager Evans presented Commission Resolution No. 2460, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2460 A RESOLUTION AUTHORIZING AND DIRECTING THE ADVERTISEMENT AND SALE OF SPECIAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS FOR PAYMENT FOR WORK AND MATERIAL IN SPECIAL IMPROVEMENT DISTRICT NO. 615 FIXING THE NUMBER, DATE, DENOMINATION AND MATURITY OF SUCH BONDS, AND PRESCRIBING THE FORM THEREOF. 06-20-83 148 City Manager Evans recommended the Commission adopt Commission Resolution No. 2460. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2460, authorizing the sale of bonds for Special Improvement District No. 615. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Commission Resolution No. 2461 - authorize sale of bonds for SID No. 632, sanitary sewer in Shawnee Industrial Park City Manager Evans presented Commission Resolution No. 2461, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2461 A RESOLUTION AUTHORIZING AND DIRECTING THE ADVERTISEMENT AND SALE OF SPECIAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS FOR PAYMENT FOR WORK AND MATERIAL IN SPECIAL IMPROVEMENT DISTRICT NO. 632 FIXING THE NUMBER, DATE, DENOMINATION AND MATURITY OF SUCH BONDS, AND PRESCRIBING THE FORM THEREOF. City Manager Evans recommended the Commission adopt Commission Resolution No. 2461. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2461, authorizing the sale of bonds for Special Improvement District No. 632. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. Appointment to Library Board of Trustees Mayor Stiff re~appointed the following to the Library Board of Trustees: Tom Crumbaugh, 5-year term to expire June 30, 1988 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Commission concur in the Mayor1s re-appointment of Tom Crumbaugh to the Library Board of Trustees with a term to expire on June 30, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Appointment to Parking Commission Mayor Stiff recommended the following re-appointment to the Parking Commission: Harry W. Newlon, 4-year term to expire June 30, 1987 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission re-appoint Harry Newlon to the Parking Commission with a term to expire on June 30, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Appointment to Zoning Commission Mayor Stiff recommended the following re-appointment and appointment to the Zoning Commission: Richard M. Shanahan, 2-year term to expire June 30, 1985 Dennis E. Jordan, 2-year term to expire December 31, 1985, to replace Ron Newvi lie It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission re-appoint Richard Shanahan, with a term to expire June 30, 1985, and appoint Dennis E. Jordan to replace Ron Newville, with a term to expire December 31, 1985, to the Zoning Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 06-20-83 llt 9 Consent Items City Manager Evans presented to the Commission the following items: Request for waiver of the open container ordinance - First National Bank, Lindley Park, June 28, 1983, 5:30 p.m. Acknowledge receipt of letter from HRDC re the Community Development Block Grant ap~lication Acknowled e recei t of memo from ssistant Planner Mike Money I - re attendance at ommu nI ty conomic evelopment orkshop It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the above-listed items and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 12:22 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 06-20-83 ------------ .~.._.- ---