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HomeMy WebLinkAbout1983-09-06 273 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 6, 1983 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 6, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Acting City Manager Barrick, Acting City Attorney Planalp and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of August 29, 1983 were approved as submitted. Action on the minutes of the regular meetings of June 20, 1983 and August 22, 1983 was de- ferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be re- moved for discussion. Introduction of new Librarian Mr. John Parker, Library Board of Trustees, introduced Mr. Steve Cottrell, Director of Libraries, to the City Commission. He indicated this was Mr. Cottrell's first day in this position. Mr. Steve Cottrell stated he is looking forward to the challenges. He also indicated he had received a warm reception at City Hall and the Library. The Commissioners welcomed Mr. Cottrell to the City staff. Discussion - letter from Low I ncome Housing Committee requesting authorization for Chris Pazder to attend seminar; request for fundmg of up to one-half of costs I Acting City Manager Barrick presented to the Commission a letter from the Low-Income Housing Committee requesting authorization for Chris Pazder to attend a seminar and requesting that the City fund up to one-half of the costs. Commissioner Anderson stated this is the letter that she had anticipated receiving last week and which had been deferred for one week. She stated the Low-Income Housing Committee has reviewed this request and feels this conference might provide a potential new method of funding development of low-income housing. Mr. Chris Pazder stated he approached the County Commission about funding a portion of his expenses for air fare and registration for this conference and received a negative response. He noted that H RDC and the City are the only funding possibilities for attendance at th is conference. He stated the Human Resource Development Council has committed one-half of the funds for air fare and registration, and he will be paid per diem by H RDC. Mr. Pazder stated the IlSyndicating Affordable Housing" conference is a follow-up to last year's conference and will place emphasis on the role of local government in providing low-income housing. He noted that topics to be covered include other sources of revenue for non-profit organizations and local governments and pitfalls in syndication. Mr. Pazder noted the conference will address local government and the private sector working together to provide safe, affordable, sanitary housing to meet the needs of the people in the community. Commissioner Anderson noted that the Commissioners did not use the monies in their Travel and Schools and suggested that the City appropriate a portion of those funds for this use. She then asked if attendance at the conference in Arlington, Virginia, would be more bene- I ficial than attendance at the conference in Oakland, California. Mr. Pazder stated he feels that the information at the conferences wi II be the same. He noted that if he were to spend one extra day in Arlington, he might be able to gather informa- tion of funding sources and possible alternative methods for providing low-income housing, but he does not foresee any great benefit to attending the session. Commissioner Mathre asked if there any legal constraints for this use of the City's monies. 09-06-83 271t Acting City Attorney Planalp stated there are not. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission appropriate not more than $350.00 from the Commission's budget unit, Travel and Schools line item, to pay one-half of the air fare and registration fees for Chris Pazder to attend the "Syndicating Affordable Housing" seminar in Oakland, California, or Arlington, Virginia. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to park wagon on Main Street in front of McCracken's for Third Annual Montana State Championship Draft Horse Show and drive rig during afternoons - Septemb-er 12-16, 1983 - Acting City Manager Barrick presented to the Commission a request for permission to park a wagon on Main Street in front of McCracken's during the Third Annual Montana State Championship Draft Horse Show during regular business hours for the period September 12 through 16, and to drive the rig during the afternoons for the period September 12 through September 15, 1983. The Acting City Manager stated the Chief of Police has reviewed the re- quest and has suggested approval be granted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission grant permission for a wagon to be parked on Main Street in front of McCracken's during regular business hours from September 12 through 16, 1983 and that permission also be granted to drive the rig on the afternoons of September 12 through 15, 1983 for the Third Annual Montana State Championship Draft Horse Show. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Staff report - proposal submitted by Bozeman Deaconess Hospital re re-aliqnment of Highland I Boulevard Acting City Manager Barrick presented to the Commission a staff report on the proposal submitted by the Bozeman Deaconess Hospital regarding the re-alignment of Highland Boulevard. The Acting City Manager recommended that the Commission acknowledge receipt of the staff report and refer it to the Technical Advisory Committee for review and a recommendation. Commissioner Weaver noted the Commission has received a letter from the Bridger Nordic Ski Club indicating concern about the proposed extension of Switzler Avenue and asked if that letter will be included in the information submitted to T AC. Acting City Manager Barrick stated it would be forwarded to TAC, along with the staff report. Commissioner Vant Hull asked when the Commission will receive estimates of the costs involved in the various changes that are necessary for the re-alignment of Highland Boulevard. She also noted there are questions that cannot be addressed by T AC, but must be resolved by the Commission. Director of Public Service (Works) Holmes stated the costs are not known at this time. He stated that more details on development of the entire area are needed before cost estimates can be made. Mayor Stiff stated that the Hospital is seeking conceptual approval at this time. He noted the Hospital is not ready to address the funding aspect of the proposal at this time. Commissioner Vant Hull stated that if the Hospital had remained at its present site, the City had anticipated their paying all costs for utility relocations and street re-a/ignment. She I indicated she feels the City cannot be expected to incur any costs for the various improvements to the new Hospital site. Mayor Stiff noted that the staff report contains reports from three of the eight Divisions contacted. He asked if reports from the remaining five Divisions could be obtained prior to the T AC meeting. The Commissioners also requested that copies of those Division reports be sub- mitted to them so their staff reports are complete. 09-06-83 27'0 It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission direct the staff report as submitted to the Commission, along with the five additional Division reports , be forwarded to the T AC for review at their next meeting. 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. I Application for one-day Wine License - Bozeman Symphony Association - September 11, 1983 Acting City Manager Barrick presented to the Commission an application, along with the required fee, on behalf of the Bozeman SY";lphony Association, for a one-day Wine License on September 11, 1983. The Acting City Manager noted that the State License has not yet been received and recommended that the Commission approve the application, pending receipt of the State License. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the application for a one-day Wine License for September 11, 1983 on behalf of the Bozeman Symphony Association, pending receipt of the State License. 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. Application for Gambling License - Haufbrau - one keno machine - through June 30, 1984 Acting City Manager Barrick presented to the Commission an application, along with the required fee, on behalf of the Haufbrau for a Gambling License to allow one keno machine for the period through June 30, 1984. The Acting City Manager recommended that the Commission approve the application and the City Attorney be directed to notify the owner of the establish- ment concerning the statutory requirements for prizes. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License submitted by the Haufbrau for one I keno machine for the period ending June 30, 1984 and instruct the City Attorney to write a letter to the owner of the establishment stating the provisions listed in the State Statute for keno games. 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. Ordinance No. 1139 - Zone Code Amendment - allow television and radio broadcast studios and day care centers as Conditional Uses in the B-2 Zone Acting City Manager Barrick presented Ordinance No. 1139, as prepared by the City Attorney, entitled: ORDINANCE NO. 1139 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.52.140 OF THE BOZEMAN MUNICIPAL CODE, ADDING TELEVISION AND RADIO BROADCASTING STUDIOS AND DAY CARE CENTERS AS CONDITIONAL USES IN THE B-2 ZONE IN THE CITY OF BOZEMAN, MONTANA. Acting City Manager Barrick stated that the Commission had provisionally adopted this Ordinance on August 22, 1983 and recommended that the Commission finally adopt the Ordinance at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1139, amending Section 18.52.140 of the Bozeman Municipal Code to allow television and radio broadcasting studios and day care centers as Conditional Uses I in the B-2 Zone. 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. 1141 - Impoundment of vehicles Acting City Manager Barrick presented Ordinance No. 1141, as prepared by the City Attorney, entitled: 09-06-83 ... 27'S ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING SECTION 10.60.020 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE IMPOUNDMENT OF VEHICLES. Acting City Manager Barrick stated that the Commission had provisionally adopted this Ordinance on August 22, 1983 and recommended that the Commission finally adopt the Ordinance I at this time. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1141, amending Section 10.60.020 of the Bozeman Municipal Code, providing for impoundment of vehicles. 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. Commission Resolution No. 2474 - reassessment of SID No. 626 - sanitary sewer lateral - Stratford, West Main and Town Pump Annexations - $14,150.09 Acting City Manager Barrick presented Commission Resolution No. 2474, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2474 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 626 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 626. Acting City Manager Barrick recommended that the Commission provisionally adopt Commis- sion Resolution No. 2474 and set September 19, 1983 as the public hearing date. Commissioner Mathre asked how many years of assessments have been paid on this Special Improvement District. I Director of Finance Swan stated that this SID was assessed at an estimated amount in 1981, and that amount was revised to actual costs paid out in 1982. The project was not yet complete and one claim had not been paid at the time the 1982 assessment was made due to a conflict between the City Engineer and the contractor. The project has now been completed and all claims have been paid. It was moved by Commissioner Mathre. seconded by Commissioner Weaver, that the Commis- sion provisionally adopt Commission Resolution No. 2474, relevying and reassessing the taxes in Special Improvement District No. 626, and set September 19, 1983 as the public hearing date. 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. Commission Resolution No. 2475 - reassessment of SI D No. 627 - sanitary sewer main - Triangle Area Annexation - $26,741.97 Acting City Manager Barrick presented Commission Resolution No. 2475, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2475 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 627 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID I SPECIAL IMPROVEMENT DISTRICT NO. 627. Acting City Manager Barrick recommended that the Commission provisionally adopt Commission Resolution No. 2475 and set September 19, 1983 as the public hearing date. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution No. 2475, relevying and reassessing the taxes in Special Improvement District No. 627, and set September 19, 1983 as the public hearing date. 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. 09-06-83 . 271 Commission Resolution No. 2476 - reassessment of SI D No. 629 - water and sewer main _ South 22nd Avenue, University Square - $65,780.01 Acting City Manager Barrick presented Commission Resolution No. 2476, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2476 , A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, I RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 629 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 629. Acting City Manager Barrick recommended that the Commission provisionally adopt Commis- sion Resolution No. 2476 and set September 19, 1983 as the public hearing date. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Commission Resolution No. 2476, relevying and reassessing the taxes in Special Improvement District No. 629, and set September 19, 1983 as the public hearing date. 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 vot i ng No, none. Commission Resolution No. 2477 - Assessments for Sprinkling Districts Acting City Manager Barrick presented Commission Resolution No. 2477, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2477 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, I M. C. A., 1981. Acting City Mgnager Barrick recommended that the Commission provisionally adopt Commission Resolution No. 2477 and set September 19, 1983 as the public hearing date. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission provisionally adopt Commission Resolution No. 2477, levying and assessing costs for the Special Improvement Sprinkling Districts, and set September 19, 1983 as the public hearing date. 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. Commission Resolution No. 2478 - Assessments for Special Improvement Lighting Districts Acting City Manager Barrick presented Commission Resolution No. 2478, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2478 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELEC- TRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M. C. A. , 1981 . Acting City Manager Barrick recommended that the Commission provisionally adopt Commission Resolution No. 2478 and set September 19, 1983 as the public hearing date. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Commission Resolution No. 2478, levying and assessing costs for the Special Improvement Lighting Districts, and set September 19, 1983 as the public hearing date. 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. 09-06-83 27'8 . Appointment to Low-Income Housing Committee Commissioner Vant Hull stated that Claud Matney had submitted an application for this Committee quite some time ago. She has contacted Mr. Matney, and he has indicated that he is still interested in serving. She then suggested that Mr. Matney be considered for appointment to the Committee, to replace Mr. Robert Border. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint Mr. Claud Matney to replace Mr. Robert Border on the Low-I ncome Housing I Committee. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. SID No. 641 - sanitary sewer, Graf's First Sub- Acting City Manager Barrick presented Commission Resolution No. 2479, as prepared by the Acting City Attorney, entitled: COMMISSION RESOLUTION NO. 2479 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 641 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTE- NANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTE- NANCES, ON KENYON DRIVE, ANDERSON DRIVE AND O'CONNELL DRIVE, ALL IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. Acting City Manager Barrick stated that the Commission has adopted the Commission I Resolutions for the intention to create this Special Improvement District as well as for the next three SID's, has conducted the required public hearings, and has made a decision to' proceed with the creation of the SID's. He recommended that the COrflmission adopt the Commission Resolutions to create those SID's at this time. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion adopt Commission Resolution No. 2479, creating Special Improvement District No. 641. 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. Commission Resolution No. 2480 - creatin SID No. 642 - water, and sidewalks, Graf's First u division, econd Filing, Acting City Manager Barrick presented Commission Resolution No. 2480, as prepared by the Acting City Attorney, entitled: COMMISSION RESOLUTION NO. 2480 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 642 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A WATER MAIN, STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES ON KENYON DRIVE AND SERVICE STUBS TO THE I PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. 09-06-83 279 Acting City Manager Barrick recommended that the Commission adopt Commission Resolu- tion No. 2480. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2480, creating Special Improvement District No. 642. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commission Resolution No. 2481 - creating SID No. 643 - water, paving and sidewalks, Graf's First Subdivision, Second Filing, Phase II Acting City Manager Barrick presented Commission Resolution No. 2481, as prepared by the Acting City Attorney, entitled: COMMISSION RESOLUTION NO. 2481 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 643 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A WATER MAIN, STORM DRAIN AND APPURTENANCES,AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL ON O'CONNELL AND ANDERSON DRIVES IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. I Acting City Manager Barrick recommended that the Commission adopt Commission Resolu- tion No. 2481. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2481, creating Special Improvement District No. 643. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commission Resolution No. 2482 - creating SID No. 644 - water, paving and sidewalks, Graf's First subdivision, Second Filing, Phase III Acting City Manager Barrick presented Commission Resolution No. 2482, as prepared by the Acting City Attorney, entitled: COMMISSION RESOLUTION NO. 2482 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 644 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A WATER MAIN, STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: SIX (6) INCH WATER MAIN AND APPURTENANCES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AS ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES ALL ON SWEET STREET AND ANDERSON DRIVE IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. I THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. Acting City Manager Barrick recommended that the Commission adopt Commission Resolu- tion No. 2482. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2482, creating Special Improvement District No. 09-06-83 28U 644. 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. Report on Senior Citizen Advisory Council meeting - Commissioner Vant Hull Commissioner Vant Hull stated she requested this item be added to the agenda due to I her attendance at the Senior Citizen Advisory Council meeting. She stated volunteers from the Good Sams organization have painted the exterior of the Senior Center. She stated that the Senior Citizen Advisory Council has requested that the Commission send a letter of appreciation to the Good Sams. The Commission directed Commissioner Vant Hull to draft a letter to the Good Sams organization, to be signed by the Mayor. Discussion - Commission's education program on self-government powers Commissioner Vant Hull stated she had requested this item be added to the agenda because she feels the Commission should discuss and prepare an outline for an education program on sel f-government powers. She noted that this would aid the Commissioners in presenting the same basic information to various groups requesting presentations, rather than presenting the appearance of a divided Commission. Commissioner Vant Hull also suggested the possibility of preparing hand-outs on self-government, perhaps to be funded out-Of-pocket by the Commissioners. Commissioner Vant Hull asked if City monies could be used for such a program. Acting City Attorney Planalp stated that City monies cannot be used for support of a specific ballot issue, but the Commissioners could use their personal monies. He also noted the Commissioners must first determine how involved they wish to get philosophically and functionally. Commissioner Mathre indicated that not every Commissioner may wish to speak on this matter. She noted that City monies could be used to develop a brochure for educational purposes, but not a brochure that would promote the approval of the self-government powers issue. I Mayor Stiff stated he has reservations about spending City monies in this manner. He stated he also feels it is inappropriate for the Commissioners to write personal checks to fund this proposal. The Mayor stated that a format for the Commissioners to follow when addressing various groups is important. He noted the problem appears to be what to say about the bed tax and its connection to the self-government powers issue. Commissioner Weaver stated a list of advantages and disadvantages of self-government powers would be helpful. He noted the Commissioners' philosophical differences will remain, but it is important that the Commissioners have a collective understanding of the facts. Commissioner Mathre stated she has a summary paper on what could be done on non- economic issues, which is shorter than the list of items concerning taxation. Mayor Stiff then requested that Commissioner Weaver and Commissioner Vant Hull prepare a draft outline for review by the Commission at next week's meeting. Consent Items Acting City Manager Barrick presented to the Commission the following items: Authorize Mayor to sign - Contract Documents for tractor with mounted rotary mowers for Waste Water Treatment Plant - Western Equipment Company Authorize Mayor to sign - EPA Assistancel Amendment - WWTP, Phase II - increasmg-qrant monres by $178,828.00 Building I nspectlon DiviSIOn report for August 1983 Claims It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I above listed items be approved; and the appropriate person be authorized and directed to take the necessary action. 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. Recess - 5: 00 p. m . Mayor Stiff declared a recess at 5:00 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. 09-06-83 281 Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of conduct- ing the scheduled public hearings. Public hearing - Proposed Revised Bozeman Area Master Plan I This was the time and place set for the public hearing on the proposed Revised Bozeman Area Master Plan. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented a brief synopsis of the Planning Staff's work on the Revised Bozeman Area Master Plan. He stated the Planning Staff has been working on the revised Plan for the past two and one-half years. He noted the City is currently operating under the 1972 Master Plan. The new Plan addresses a number of issues and problems that have surfaced in the past ten years while using the 1972 Master Plan. Mr. Lere stated that goals and policies are listed in the new Plan. The Assistant Planner stated that during the past year a number of tours for the public and various governing bodies have been conducted. He stated the Planning Staff has also given twenty presentations to various groups and clubs during the past year. He noted the Bozeman Daily Chronicle ran a series of news articles for three months, addressing the various elements of the Plan. Mr. Lere stated the Planning Board conducted numerous special meetings, at which the public was invited to submit comments. On April 28, the City-County Planning Board con- ducted a public hearing on the proposed Bozeman Area Master Plan. Following the public hearing, the Plan was revised; and on July 28, 1983 the City-County Planning Board adopted the Revised Bozeman Area Master Plan. Commissioner Anderson commended the Planning Board and Planning Staff on the work they have done in preparing this Plan. She noted three items of importance have emerged in the Plan: (1) establishing the goal that any development should pay all costs incurred; (2) I that transportation is a major item for the community at this time; and (3) that a water inventory is needed. Mayor Stiff noted that the Master Plan provides a guider ine and must be reviewed constantly. Mayor Stiff then noted that portions of the Transportation Plan have been in- corporated in the Master Plan. He asked if the Transportation Plan, Revised Bozeman Area Master Plan and Montana State University Master Plan are compatible. Assistant Planner Lere stated the plans are compatible. He noted timing of various proposed events is the only possible area of conflict. Commissioner Anderson asked if extension of Greek Way is considered in the Master Plan. Planning Director John Moss stated several proposals are being considered for street extensions in that area. He noted that South Seventh Avenue currently extends south of Kagy Boulevard to Summit Engineering. One option is to extend Greek Way south to South Third Avenue. The problem with that option is that a second major intersection would be created approximately 350 feet from an existing major intersection. Another possibility is the extension of South Willson Avenue from its intersection with South Third Avenue and West Kagy Boulevard, past Summit Engineering and south to South Third Avenue. This extension would provide gentle curves, eliminating the sharp curves which currently exist on South Third Avenue. Commissioner Vant Hull asked if any changes will need to be made in the Plan because of the new Hospital site. Planning Director Moss stated that a Plan must be developed with a procedure to allow I for change and adaptation. He stated that changing the Plan requires a formal amendment pro- cedure, including public hearings. The Planning Director stated the new Hospital site was selected after the Plan was written; and the Hospital must now go through the formal amend- ment procedure. Mayor Stiff asked if periodic reviews and updates of the Plan should be done after the Plan is adopted. The Planning Director stated the Plan should be updated every three years. He noted that the Planning Staff has major work items to be performed during the next two fiscal years to implement the new Plan. 09-06-83 . 282 Mayor Stiff asked if the City Commission should adopt the Plan at this time or wait until the County Commission has conducted its public hearing. Planning Director Moss stated that the State Statutes do not require that the City Commission and County Commission conduct public hearings on the Master Plan. The City-County Planning Board is required to conduct a public hearing and to submit a recommendation to the City and the County, which has been done. The Planning Director then stated that the City I does not need to defer its decision until the County is prepared to make a decision on the Plan. Joel Shouse, Chairman of the City-County Planning Board, stated that a significant amount of public input has been accepted and considered in preparing the Master Plan. He stated the City-County Planning Board has unanimously recommended that the Plan be adopted. Mr. Shouse stated that adoption of the Plan is the first step rather than completion of the process. He noted the plan must be kept viable. Mr. Shouse stated the most important facet of the plan is the concentration of development in and around the City of Bozeman because pro- liferation of development in the jurisdictional area is not economically feasible for the community. Mr. Shouse urged the Commission to give the Master Plan favorable consideration as soon as possible. Ms. Phyllis Wells, Land Use Chairperson for the Bozeman Area League of Women Voters, presented a prepared statement to the Commission, stating support for the adoption of the Plan. Mr. Rich Brenden asked if the Hospital would be required to use the amendment process it its new location. Planning Director Moss stated the Hospital has not submitted its proposed plans to the City Commission or the City-County Planning Board. He stated the Hospital will be treated like any other land owner and must follow the proper procedure. Mr. Craig Roloff, Montana State University, stated he is impressed with the dedication the Planning Staff and City-County Planning Board have shown in preparing the Plan. He stated that Montana State University basically supports the Plan. He noted there are always issues on which various entities will disagree, but he feels those can be worked out. Mr. Roloff stated I the Commission must play an active part in implementation of the Plan rather than providing passive support. Mr. Roloff also stated that he would like to see MSU and the City work to- gether as they have recently, rather than in an adversary role, as in the past. Mr. John Parker raised three questions concerning the Plan: (1) what are transfer development rights and how are they negotiated; (2) how does the Plan address the placement of mobile homes inside city limits; and (3) the issue of a land owner developing his property for his personal economic benefit versus community-desired development. Planning Director John Moss addressed the questions, indicating that (1) the concept for transfer development rights is to delineate areas desirable for development and areas where development should be discouraged, providing incentives for developing in desirable areas; (2) the Commission has approved a Zone Code Amendment allowing mobile homes in specified residen- tial districts; and (3) the private rights of a citizen and the City's responsibilities to the public must be considered in all development matters. The Planning Director noted that the City has recently invested $6.5 million in a new Waste Water Treatment Plant to serve the community's needs for the next thirty years; and the City now has a responsibility to see that development which occurs in the surrounding area is compatible with that investment. Break - 8:00 to 8:05 p.m. Mayor Stiff declared a five-minute break at 8:00 p.m., to reconvene at 8:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Proposed Revised Bozeman Area Master Plan I Joel Shouse stated the City-County Planning Board reviewed the administration of trans- fer development rights and possible incentives to be offered. Mr. Shouse stated it is difficult to make such a program work inside the city limits, but it should work well in the rural area. He also stated that development of this type of program is one of the work items for the Plan- ning Staff during this fiscal year. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. 09-06-83 283 Public hearing - Zone Code Amendment - U-Haul - allow mini-storage rental in the B-2 Zone This was the time and place set for the public hearing on the Zone Code Amendment re- quested by U-Haul to allow mini-storage rental units in the B-2 Zone. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated approximately one I year ago, the Planning Staff submitted a similar Zone Code Amendment to the Zoning Commission and the City Commission; and it was denied. The Assistant Planner stated that the Zoning Commission has recommended that the current Zone Code Amendment also be denied. Commissioner Vant Hull noted that increased security problems have been cited as the reason for the recommended denial and asked if the Chief of Police has had any input in the matter. She noted that concern about converting units to office space has also been mentioned. The Assistant Planner stated that when the original Zone Code Amendment was being prepared, the Chief of Police indicated that mini-warehouses would be a highly visible item in the B-2 Zone. He stated concern that this would prompt break-ins and questioned what security measures would be followed. Mr. Money also noted in larger cities the units are often con- verted into office space. He stated that in a B-2 Zone the mini-warehouses would be more visible, which might encourage conversion to office space or the establishment of flea markets. Commissioner Anderson noted in 1982, the minutes reflect that the M-l and M-2 Districts are easily accessible from any area in Bozeman. She asked if that fact has been considered on this request also. Assistant Planner Money stated it has. Mrs. Mildred Mills, Manager of U-Haul, stated that storage is a valuable asset. She noted there are currently over 700 storage units in the valley, and they have been full for over one year. She stated people coming into the area cannot find storage space and are hav- ing difficulty finding a place to live. Mrs. Mills stated that mini-warehouses are one of the cleanest businesses and do not degrade an area. She stated if the Zone Code Amendment is I approved, U-Haul would provide double security for the mini-storage units. She also stated individuals would be required to sign in and out when going to their storage units, which would be located behind locked fences. Mayor Stiff asked how many units U-Haul would install. Mrs. Mills stated approximately 75 to 100 units would be installed. She stated these units would be rented for storage of personal belongings only. No one was present to speak in opposition to the requested Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Allen J. Visocan - allow forty-two additional apartment units on Lots 13 and 14, Durston Subdivision (between Durston Road and Villard Street at North Eighth A venue extended) This was the time and place set for the public hearing on the Conditional Use Permit requested by Allen J. Visocan to allow forty-two additional apartment units to be constructed on Lots 13 and 14 of Durston Subdivision. This parcel is located between Durston Road and Villard Street at North Eighth Avenue extended. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated the proposed Planned Unit Development includes forty-two apartment units in three buildings, and would increase the total number of apartment units on the site to eighty-four. The Assistant Planner stated that Mr. Visocan has requested that the Commission continue the public hearing for a period of two I weeks because there is an error in the site plan. Mayor Stiff continued the public hearing to September 19, 1983. Public hearin - Conditional Use al ow a day care center on ots This was the time and place set for the public hearing on the Conditional Use Permit requested by Jan Druckenmiller for Steven and Nancy Lindsey to allow a day care center on Lots 18-20, Block 3, Fairview Addition. This site is more commonly located at 402 South Third Avenue. 09-06-83 28 L~ Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the Conditional Use Permit would allow a day care center for eighteen to twenty children with two adult super- visors. The Assistant Planner stated the Planning Staff and Zoning Commission have recommended conditional approval of the request, and thereupon reviewed the conditions. He noted that loading and unloading of children might be difficult in the area. I Commissioner Mathre asked if only one level would be used for the children. The Assistant Planner stated there are currently other people renting the basement unit. Mrs. Jan Druckenmi Iler stated she has been the Director of Pooh Corner for eight years. She stated the current fad I ity is full; and she has a long waiting list. She stated that the children are dropped off and picked up gradually, with not more than two or possibly three cars at the house at anyone time. Mrs. Druckenmiller stated the main floor of the house at 402 South Third Avenue is usually rented as an apartment, and can accommodate up to six college students, who might each have a car. Mrs. Druckenmiller also stated her current facility is located less than one block away from this site; and the neighbors have indicated they are satisfied with the day care center in its present location. Mr. Ray Erickson stated his daughter has attended Pooh Corner for three years; and he feels it is probably the best child care facility in Bozeman. He noted if one of the parents creates a disruption in the area, such as double-parking, when picking up a child, the Druckenmillers police the situation and immediately solve the problem. Mr. Erickson stated support for the requested Conditional Use Permit. Mrs. Amy Anderson, 213 South Third Avenue, stated support of the request. She stated that Pooh Corner has been located next door for seven years, and she has had no complaints. She stated the facility is well supervised, and there have been no traffic problems created by the facility. Mr. Craig Druckenmiller stated he works for ERA Property Management. He stated the main floor apartment in the structure at 402 South Third is usually rented to six college I students, each with a car. I f the Conditional Use Permit is approved, the main floor tenants wi II have two cars. The basement is currently rented to five students, with a total of two cars, so the parking situation will be improved in the area. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. - Conditional Use Tract plat of portions 0 venue) This was the time and place set for the public hearing on the Conditional Use Permit requested by Barbara Pomeroy to allow a Montessori School on Tract B of amended plat of portions of Lots 1-12, Block 20, Butte Addition. This parcel is more commonly located at 1422 South Willson Avenue. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the school would accommodate fifteen to twenty-five children with two staff members. He then stated the Plan- ning Staff has recommended conditional approval of the request and reviewed those conditions. He noted the third condition requires a paved walkway from South Willson Avenue to the house. Mrs. Pomeroy has requested that large rounds of wood be installed to the side fence and around the house, rather than the paved walkway to the front of the house. The Zoning Commission has recommended denial of the requested Conditional Use Permit because it will cause an in- crease in traffic congestion and traffic hazard on Willson Avenue while the children are loading I and unloading. Commissioner Anderson noted that the proposed location appears to have better visibility than the present location of a day care center across from the SAE House on South Willson Avenue. Mrs. Barbara Pomeroy stated she has found that working in a residential area is important in the Montessori education process and the transition from home to school. She stated the subject location would provide a "homey" atmosphere in which to perform early educational 09-06-83 285 functions. She also stated a number of parents have indicated support for leaving their children in a nice location for the early learning activities. Mrs. Pomeroy stated she lives in the residence at 1422 South Willson Avenue and would conduct the school on the ground level. She stated she has recently uncovered a sidewalk to the front door, but may install wood rounds to the side fence. She stated the children would be dropped off between 8: 30 a. m. and 9: 00 a. m. and would be picked up at noon. Mrs. Pomeroy stated the traffic is not heavy at I those times along that portion of South Willson Avenue. She also noted the street is quite wide at that point; and she does not foresee problems with loading and unloading of children. She also noted this site would be good for this type of activity because there is a vacant lot on one side, a house on one side and a house across the street. She stated this should provide little disturbance for any of the people in the area. Mrs. Pomeroy then presented to the Commission a statement of support with three signatures from those owning or residing on the immediate properties. Mr. Richard Mine spoke in support of the Conditional Use Permit. He stated his six-year old child has had three years of Montessori training; and his four-year old child has one year of Montessori training. He feels this training is a valuable part of a child's growth. He suggested addressing this type of activity on a broad scale. Commissioner Vant Hull asked why day care centers are listed as conditional uses in the various zones. Assistant Planner Steve Lere stated that the conditional use category provides protection of the neighbors in residential areas and provides for traffic safety in the B-2 Zone. Mrs. Peggy Bond stated support for the Montessori school. She stated her older child has attended a Montessori school for three years, and she feels it has been good. She noted the main concern seems to be traffic safety. She stated that parents are careful to place their children in safety seats while transporting them and will be equally careful in delivering and picking them up from a school. She also noted that a child learns safety through a parentis actions. I Mrs. June Safford, teacher at Bozeman Senior High School, stated support for Mrs. Pomeroy's request for a Conditional Use Permit. She stated that she lives behind the Pilgrim Congregational Church pre-school, and she stated the children have not created any disturbance. She also stated the neighborhood property values have not suffered because of the pre-school. Ms. Harriett Taylor, educator and mother of three children, stated support for the Montessori school. Ms. Taylor stated there is a need for quality education in a home atmosphere. She stated South Willson Avenue is wide enough to accommodate traffic and parking to load and unload children. Ms. Taylor noted there has also been concern expressed about the historic area of South Willson Avenue, but she does not feel this school would present any problem for the area. Mrs. Elizabeth Mine stated that Mrs. Barbara Pomeroy has taught her children, and she is satisfied with the education they have received. She noted Mrs. Pomeroy is proposing to offer alternative child care to babysitters without licenses, who cause traffic problems and disturbances in neighborhoods. She stated support for the requested Conditional Use Permit. Mr. Don Webb, educator for twenty years, stated support of Mrs. Pomeroy's requested Conditional Use Permit. He noted the kind of education provided in a Montessori school is important. He noted the important issue should be the character of the "directoress". He stated Mrs. Pomeroy is a very capable person and would run the school well. Mrs. Donna Murdock, South Willson Improvement Association, stated opposition to the proposed Conditional Use Permit. She feels that locating another commercial venture along South Willson Avenue will increase traffic and detract from the historic nature of the area. I Mr. Mike Bond stated support for the Conditional Use Permit. He stated he is committed to Montessori education, and Mrs. Barbara Pomeroy can provide that education. He also stated there is a long waiting list for children to get into a Montessori school. Mrs. Pomeroy noted there is a child development center on South Willson Avenue across from the SAE House, a child development center on South Tracy Avenue, and the World Family School on East Story. She stated that her proposed Montessori school would be consistent with those uses. 09-06-83 285 Mr. Craig Druckenmiller stated support for the Conditional Use Permit. He indicated he has been a director for the 4-C's program and has been involved in Pooh Corner. He noted child care and early education are needed in Bozeman. He stated that child care does not detract from an neighborhood. Mr. Druckenmiller also stated that to deny this Conditional Use Permit on the basis of parking is not realistic. Commissioner Vant Hull noted that 1422 South Willson Avenue is not located within the historic district. I Mayor Stiff closed the public hearing. A decision will be forthcoming in one week . Adjournment - 9:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission I I 09-06-83