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HomeMy WebLinkAbout1983-11-07 381 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 7, 1983 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, November 7,1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commis- sion Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of October 24, 1983, were approved as corrected. Action on the minutes of the regular meetings of October 3, 1983; October 17, 1983; and October 31, 1983 was deferred for a period of one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Award bid - supplying materials for irrigation systems in two City parks This was the time and place set to award the bid for supplying materials for irrigation systems in Kirk Park and Cooper Park. City Manager Evans stated the Director of Public Service (Works) has reviewed the bids and recommends that the bid be awarded to Mountain Supply Company, Bozeman, Montana, in the amount of $13,809.67, it being the lowest bid received. The City Manager concurred in that recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid for supplying materials for irrigation systems in two City parks be awarded to Mountain Supply I Company, Bozeman, Montana, in the bid amount of $13,809.67, it being the lowest bid received. 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. Preliminary Plat Review - Amber Meadows Townhouse Planned Unit Development Subdivision (Lot 9, Block 4, Valley Unit Subdivision) This was the time and place set for the Preliminary Plat Review of the Amber Meadows Townhouse Planned Unit Development to be located on Lot 9, Block 4, of the Valley Unit Sub- division. Assistant Planner Mike Money presented the Staff Report. He stated the City-County Planning Board has reviewed the Preliminary Plat and recommended approval. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Preliminary Plat for Amber Meadows Townhouse Planned Unit Development Subdivision, to be located on Lot 9, Block 4, of the Valley Unit Subdivision. 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. Status of Annexation and Utility Development Charges City Manager Evans stated he feels it is in the City's best interests to develop the most I fair formula for charging annexation and utility development fees. The City Manager noted a discrepancy exists in the formulas being considered by the various larger cities around the state. He stated that last week representatives from the City of Helena and the City of Billings met with representatives of Bozeman to discuss the Brown and Caldwell report that was prepared for the City of Bozeman. He noted another meeting has been set for December 2, at which time representatives from the City of Missoula and the City of Great Falls will also be invited to attend. The City Manager stated he feels it is important for the larger cities to use basically 11-07-83 38) the same formula in establishing these two types of fees, especially since the establishment of annexation fees has not previously been assessed by any city in the state. Commissioner Anderson noted the City-County Planning Board reviewed the Brown and Caldwell study and indicated interest in a joint meeting which would include the City Commis- sioners, County Commissioners and City-County Planning Board to discuss the report and the desirability of implementing either set of fees. She questioned if that meeting should be conducted prior to December 2. I Commissioner Weaver noted that Brown and Caldwell is currently preparing a report for the City of Billings; and that report suggests a different formula for utility development fees than is listed in the City of Bozeman report, which was just completed. He noted unique situations may exist in the various cities, but expressed concern that the formula suggested for the two cities is so different. The City Manager noted the value of the utility.s assets at the present and at a future time is used in determining the amount to be charged for hooking into the system. He stated he recognizes the differences between cities, but does not feel the formula used by the various cities should differ to any great extent. Commissioner Weaver stated the meetings with the various cities should hopefully produce an agreed-upon formula which is a rational, legally defensible, fair basis for calculating the fees as a starting point for each city. The Commissioner also noted the memo from the City Manager on this item suggests that a committee be appointed to prepare a proposed policy for implementation of utility development fees. He noted this item is not directly related to an- nexation because the fees would be charged at the time a building permit is issued, and not at the time of annexation. Mayor Stiff noted action on the annexation requested by Mr. Clair Daines has been de- ferred for an extended period of time to allow the City an opportunity to develop a policy and criteria for annexations. He noted that work has not been completed; and the Commission still has no basis for charging impact or hook-up fees. He stated, however, he feels a decision must I be made on this requested annexation. Commissioner Weaver stated it appears a proposed policy on utility development fees will be prepared in the near future. He noted the memo from the City-County Planning Board indicates the relationship between impact fees and implementation of the Master Plan is important and must be discussed with the staff prior to adoption of a policy that includes such fees. Commissioner Weaver then noted the third question to be addressed when considering annexa- tions is the availability of water. He noted the Commission has requested that Engineering Officer Neil Mann prepare an outline for requesting proposals from consultants concerning the existing water supply and possible water acquisition. He stated the City is still waiting for an answer from the Department of Natural Resources and Conservation concerning the Lichtenberg water rights and asked if any additional information is available on that issue. The City Manager stated the attorney on that matter has attempted to reach the office in Helena, but has been unable to get any answers. Commissioner Anderson questioned whether the water rights that have been proffered in the Clair Daines annexation request could be transferred to the City for municipal use. She noted if the water rights cannot be transferred, the City has gained nothing of value. Commissioner Vant Hull asked if the Public Service Commission would submit a deter- mination on the legality of impact and utility development fees. City Manager Evans stated the PSC will not submit a determination on any item that has not been formally submitted for their approval or disapproval. Commissioner Weaver asked when a recommendation will be submitted on utility develop- I ment fees. City Manager Evans stated the recommendation wi II be made on December 12, 1983, if possible. Commissioner Anderson stated she feels the joint meeting suggested by the City-County Planning Board is important and should be conducted as soon as possible, possibly in a Satur- day morning work session. Mr. Joel Shouse, Chairman of the City-County Planning Board, stated the Planning Board 11-07-83 383 feels the County Commission should be involved in discussions concerning possible implementation of impact fees and the effect such fees may have on implementation of the Master Plan as well as growth in and around the community. Mr. Shouse stated he feels the members of the City- County Planning Board would be willing to meet at any time to discuss the matter. Mr. Shouse also stated the Southwest Montana Home Builders' Association has prepared a cost analysis of building a home inside city limits and outside city limits. He noted that information could also I be helpful in the discussion. The Commission concurred that a joint meeting to discuss the matter must be held as soon as possible. The Commission then authorized and directed Commissioner Anderson to coordinate a meeting of members of the City Commission, County Commission and City-County Planning Board as soon as possible. Commissioner Anderson indicated she will attempt to set the meeting for Saturday, December 3, 1983. Decision - Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties This was the time and place set for the decision on Commission Resolution No. 2452, 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 PAR- TICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Evans stated the Commission had adopteq Commission Resolution No. 2452, stating the City's intention to annex the Sourdough Creek Properties, on May 23, 1983. The Commission conducted a publ ic hearing on this Resolution on June 20, 1983 and deferred a decision for 90 to 120 days on July 5, 1983. The 120-day time period has now expired; and the I Commission should consider action on the intent to annex this parcel of land. M,ayor Stiff stated Mr. Carter Williams has submitted a letter indicating a willingness to transfer five shares of Mystic Lake water rights to the City; and Mr. Clair Daines has indicated a willingness to participate in a Special Improvement District to install a sidewalk along South Third Avenue to provide more safety for pedestrians, bicyclists and motorists. He asked if the additional water to be provided could be used to offset the other costs the City will face with the annexation. City Manager Evans stated the impact fees could be implemented at the time the property is subdivided, rather than at the time of annexation. He noted at this time, the City does not know how the property will be developed, so the costs of that development cannot be determined. He stated after the proposal for subdividing has been submitted, the City wi II have the necessary information for determining potential costs. The City Manager stated the Commission must determine whether annexation of the subject parcel of property is in the best interests of the community. He indicated he is concerned about stretching the City's resources, including water, streets, police and fire services by annexing additional properties at this time. He also stated annexation of undeveloped land creates a liability for the City; and that type of annexa- tion'does not begin to pay for itself until much of the development is complete. Commissioner Vant Hull stated Mr. Carter Williams' offer to transfer water rights to the City was val id to October 15, 1983. She asked if that offer is still open. City Attorney Crumbaker-Smith stated Commission Resolution No. 2452 contains a provision in Section 1 that II... subject to the condition that the provision of services to the contiguous I tract hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the freeholders of the tract ...11 and noted that agreement has not been done. She also stated the Montana Code Annotated requires that a Certificate of Surveyor subdivision plat be filed with the Clerk and Recorder prior to annexation; and that condition has not been met. She noted the Commission must determine what items are to be addressed in the agreement; and the applicant must fi Ie a Certificate of Surveyor subdivision plat prior to annexation of the subject parcel. . 11-07-83 3811' Mr. Joel Shouse reviewed Mr. Wi II iamsl offer to transfer water rights to the City. He noted Mr. Williams owns shares of Mystic Lake, as well as in-stream water rights. He stated engineering calculations indicate 185 acre feet of water would be required by the entire 90-acre parcel each year. He stated this converts to 2 2/3 shares of the five shares of Mystic Lake water rights being offered to the City; and Mr. Daines is proposing to develop approximately 1/3 of that land at this time. Mr. Daines stated Mr. Williams will honor his offer of water rights. He noted it has I been Mr. Williams' intention to transfer water rights with development of this property; and he does not anticipate any change in the offer. Break - 5:00 to 5:17 p.m. Mayor Stiff declared a break at 5:00 p.m., to reconvene at 5:17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1'983. Decision (continued) - Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties Commissioner Weaver suggested that the agreement between the City and the freeholders of the tract of land define the anticipated water requirements of the tract and stipulate the offsetting water rights of the applicant which he will convey to the City. Mayor Stiff stated concern about the legality of using flood irrigation water for municipal use. He also noted the value of water rights in Mystic Lake could be zero or could provide a liability for the City rather than an asset. Commissioner Mathre noted the assumption being used during the discussion is that the water rights being offered the City are proven useful. She noted the applicant has indicated a willingness to participate in improvement of South Third Avenue and asked if that item should also be addressed in the agreement. Mayor Stiff noted the manner in which costs of a Special Improvement District are I assessed will provide that a portion of the costs be borne by the development. City Attorney Crumbaker-Smith stated Commissioner Weaver1s suggestion for the item to be covered in the agreement stipulates that the freeholders of the tract of land being con- sidered for annexation provide adequate water for the development only. She asked if that is the Commission's intent. Commissioner Weaver stated the City has negotiated on this annexation process with the applicant and is setting the type of precedent which the City wishes to establish. He noted future annexations will be completed on the City.s terms. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the intent to annex the Sourdough Creek Properties, as established in Commission Resolution No. 2452, subject to the conditions that (1) a written agreement be negotiated by the City and the freeholders of the tract of land that defines the anticipated water requirements of the subject property and requires offsetting water rights be conveyed to the City by the appl icant and (2) a Certificate of Surveyor a subdivision plat that describes the subject property be filed by the applicant with the Gallatin County Clerk and Recorder; and direct the City Attorney to prepare an ordinance annexing the subject property, contingent upon completion of these two conditions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver abstained because his residence lies within a Special Improvement District which may be repaid by this development, resulting in pecuniary advantage to the Commissioner. I Discussion - general procedure to be followed in handling of pending and future annexation req uests City Manager Evans stated the Commission should adopt a policy for considering future annexation requests. He stated the matter has been discussed in the past, but no policy has been adopted. The City Manager then recommended that the Commission appoint a committee to assist in developing a policy for consideration of future annexation requests. He noted his 11-07-83 , 38S memo to the Commission indicates that it is not desirable for the executive branch of govern- ment to formulate policy, since the executive branch must then defend that policy to the legislative branch. Mayor Stiff noted the staff had indicated that adoption of a policy for considering annexations once a year might be helpful. He stated he had been under the impression that I policy was about to be established. The Mayor then stated he does not feel a committee is needed to help prepare the policy. City Manager Evans stated a policy for considering requests for annexation should be developed so that all requests are given the same consideration. He noted at the present time, the people in the community and the City staff don't know what to expect. The City Manager then noted the policy should include the responsibilities of the developer and the City in considering a request for annexation. The Commission requested this item be placed on next week's agenda for further discus- sion. Update from Low-Income Housing Committee City Manager Evans stated this item had been placed on the agenda at the request of Commissioner Anderson. Commissioner Anderson stated the Low-Income Housing Committee is in the process of completing reports and has found it is a complex and time-consuming task. She stated the Committee feels if a consultant could be hired to complete the reports and organize the various information that is currently being gathered, it would be helpful. Rev. Thomas Heafield-Mordan, Chairman of the Low-Income Housing Committee, reviewed the items for which a consultant would be responsible. He stated it is difficult and frustrating for the Housing Committee members to research and write applications as well as keep all other activities moving forward. He stated it would be more efficient if one person were assigned the I task of directing the Committee's activities for the next six months as well as doing the necessary research and writing. Rev. Heafield-Mordan requested that the Commission approve the request to appropriate $7,500.00 to cover the costs of hiring a consultant for the Low- Income Housing Committee for a six-month period. Mayor Stiff stated the Committee has been a hard working committee; and the members have contributed hours to the effort. He indicated a hesitance to add more costs to the City at this time, and stated the City should possibly consider formation of a housing authority if such needs arise. The Mayor stated the cost/benefit relationship should be carefully reviewed prior to approval of the request. Commissioner Anderson stated the requested funding would be for an interim situation before a housing authority might be established. She noted if a consultant were hired to do the necessary writing and preparation of appl ications, the Committee could continue to move ahead rather than face the potential of foundering. Rev. Heafield-Mordan stated the "Summary Findings and Recommendations on Housing Development Options for Bozeman," prepared by Kent L. Mollohan, Helena, Montana, and the presentation by Mr. Stanley Knock in August both indicate the hiring of a staff person would be extremely beneficial for the Low-Income Housing Committee. CommissiQner Anderson stated a consultant could prepare Committee reports and assist in preparing an application for CDBG monies. She stated a consultant could also organize the efforts of the Committee so it could move forward in an orderly manner and as rapidly as possible. She noted the time period for the consultant is to be reviewed after six months; and I she feels the upcoming six-month period is critical for the effort to meet housing needs. Commissioner Weaver stated it is difficult to know what the pay-off would be for the $7,500.00 expenditure. He then asked if the housing situation in Bozeman would be improved by the expenditure. He stated he does not want to spend $7,500.00 to get another report that says there is not enough low-income housing in Bozeman. Rev. Heafield-Mordan stated it is necessary to have someone who is aware of funding sources and who has time to write applications to get funding for low-income housing. He stated the Committee members do not have time to complete the necessary research and write 11-07-83 3BG applications. He stated the Committee members feel that if a consultant were hired for six months, the effort could be coordinated; and the members would have a clearer direction to follow in pursuing the matter. Commissioner Anderson noted a Budget Amendment will be necessary if the request is approved. City Manager Evans recommended that the Commission make a decision on the request. I He stated if the expenditu re is approved, he wi II review the budget and submit a proposed Budget Amendment to the Commission for consideration. Mayor Stiff noted the minimum qualifications for hiring of a consultant would require a person with education and experience. He questioned whether the Committee could find someone with those credentials who would be willing to work for a six-month period only. The Commission deferred action on the request for a period of one week. Recess - 6:15 p.m. Mayor Stiff declared a recess at 6:15 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and work session and completing the routine business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings and work session and completing the routine business items. Public hearin - Conditional Use Permit - allery with offices and storage - tract in the S This was the time and place set for the public hearing on the Conditional Use Permit requested by John Mandeville to allow an auction gallery with offices and storage on a tract of land located in the SWL NEt of Section 36, Township 1 South, Range 5 East, MPM. I City Manager Evans stated the applicant requested that the Zoning Commission continue the public hearing on his application; and the Zoning Commission continued its public hearing u nti I November 22, 1983. The City Manager recommended that the Commission open and continue the public hearing until a recommendation is received from the Zoning Commission. Mayor Stiff opened the public hearing. Mayor Stiff then continued the public hearing until a recommendation is received from the Zoning Commission. Public hearin - Conditional Use Permit - and retai I sa es building on Lot 19 , Mc This was the time and place set for the public hearing on the Conditional Use Permit requested by Jim Brown for Dr. A. E. McChesney to allow an office and retail sales building on Lot 19A, McChesney Industrial Park. The site is more commonly located in the northeast quadrant of the intersection of North Seventh Avenue and Nikles Drive and is more commonly known as 2006 North Seventh Avenue. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted the subject lot is a part of the overall Master Plan for the area that was approved at the time the building which contains Leisure Time Sales was being remodeled. The Assistant Planner stated the Zoning Commission reviewed the request and recommended that conditional approval be granted. Mr. Jim Brown, representative of the applicant, stated that Condition No.5, as recom- I mended by the Planning Staff and Zoning Commission, was listed on the Conditional Use Permit for Lot 18A, upon which the Leisure Time Sales building is located. He stated there was a misunderstanding between the applicants and the City concerning that condition on the previous Conditional Use Permit. He stated he and Dr. McChesney had talked to one of the City employees about the drainage ditch and were told by the City employee that he could not require the drainage ditch be installed but would strongly recommend it. Mr. Brown stated he and Dr. McChesney do not feel the drainage ditch is necessary until the subject site and one . 11-;)7-83 . .' 38T more lot have been developed and had decided to install the ditch when the next adjacent lot is developed. He then noted the other conditions attached to the previous Conditional Use Permit have been met except completion of the landscaping requirements. Commissioner Vant Hull stated concern that a City employee would eliminate a condition for approval of a Conditional Use Permit. I Assistant Planner Mike Money indicated if the City Commission establishes specific conditions for approval of a Conditional Use Permit, those conditions can be waived only through action of the Commission. He also stated minor modifications to the site plan can be made through authorization of the Planning Director. Mr. Money stated in this instance, the Planning Director was not aware that another City employe,e had indicated to the applicants that the drainage ditch was not required at this time. Commissioner Weaver asked if the Planning Staff feels installation of a drainage ditch is necessary for use of the subject lot. Assistant Planner Money stated the Planning Staff and Zoning Commission have recom- mended the condition because the Engineering Office had suggested the installation of the drainage ditch during review of the application for Lot 18A, and that condition was brought forward to this application because it was not installed. He also noted when water runoff leaves the site, it is uncontrolled. Mr. Brown stated the applicant would prefer to install the drainage ditch when either Lot 21 A or Lot 22 is developed. He indicated he does not feel development of Lot 19A wi II increase the drainage from the site. Mr. Brown also noted Dr. McChesney owns all of the lots being discussed. Commissioner Weaver asked wha.t installation of a drainage ditch will cost. He also asked if the applicant has faced additional costs as a result of misinformation from City staff members. Mr. Brown stated installation of a drainage ditch would have cost roughly $2,000.00 one year ago, when the condition was originally placed on Lot 18A. He stated Dr. McChesney has I actually realized a savings because he was under the impression that the drainage ditch would not be required until the next lot is developed. Mr. Corbin Ross, Architect, stated the drainage ditch is to run between Lot 21 A and Lot 22. He noted at the present time, those lots are undeveloped; and there is a possibility someone will want to construct one large building in the middle of those two lots. If the drainage ditch is installed at this time, it could create the potential need of relocating that ditch in the future. Mayor Stiff asked Mr. Brown if he wishes to address any of the remaining conditions. Mr. Brown stated the other conditions are justifiable, and he has no problems with those recommendations. Mr. Corbin Ross requested that the Commission waive the one-week interval because the applicant would like to begin construction this fall. No one was present to speak in opposition to the granting of the requested Conditional Use Permit. Mayor Stiff closed the publ ic hearing. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that, due to the fact no protests were received and the applicant wishes to begin construction yet this fall, the Commission waive the customary one-week interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission I approve the Conditional Use Permit requested by Jim Brown for Dr. A. E. McChesney to allow an office and retail sales building on Lot 19A, McChesney Industrial Park, more commonly known as 2006 North Seventh Avenue, subject to the following conditions as recommended by the Zoning Commission. 1. That the legal description and lot size be included on the final site plan. 2. That a landscaping schedule be provided on the final site plans. 3. That the signing detail be included on the final site plans, and that 11-07,.,83 388 it be reviewed and approved by the Building Official prior to final site plan approval. 4. That the northern tier of parking stalls be moved to the north to provide additional landscaping between the stalls and structure. This will help the total commercial area, satisfying the landscaping requirements for the parking area, and it will better define the driving aisle that has access only to North Seventh Avenue. 5. That the drainage ditch be provided to conduct the runoff from the I commercial area to the east that will connect with the existing drainage ditch. 6. That additional security lighting be provided for the northern parking area. 7. That the location of the garbage enclosure be reviewed and approved by the Street Superintendent prior to final site plan approval. 8. That the paving and drainage plans be reviewed by the City Engineering Officer prior to final site plan approval. 9. That the developer enter into an improvements agreement with the City of Bozeman. The structure may not be occupied until all required improvements have been installed, and inspected and accepted by the City of Bozeman. If occupancy is to occur prior to the installation of the required improvements, the developer shall secure the Improvements Agreement with an acceptable method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements. 10. That three (3) copies of the final site plan containing all the condi- tions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Division; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 11. All on-site improvements (i.e. paving, landscaping, etc.) shall be I completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - action to be taken on pending annexation requests City Manager Evans presented to the Commission the staff recommendation for action to be taken on the four pending annexation requests which have been acknowledged by the Commis- sion. The City Manager concurred in the staff recommendation that the Commission table action on the four pending annexation requests. He stated the requests include (1) M. N. Nash, for portions of Lot 4, Lots 5 through 8, Lots 10 through 23 and Lot 24, and all of Lot 9, all located in Bulens Subdivision, which is located along the southeast side of the city, bordered by Graf's Fourth Subdivision and Gardner Park Subdivision; (2) Roger H. and Rosalind I Smith, 41. 6 acres in the E!, Section 2, T2S, R5E, MPM, which is located north of Durston Road and west of North Nineteenth Avenue extended; (3) Stephanie Volz, "Buck" Bos, Norman Wallin and I David Wallin, 14.6 acres west of the U. S. 191/West Babcock intersection, lying north of West Babcock Street; and (4) James W. and Mabel L. Stephens, 2.027 acres located along north side of West Main Street, immediately west of the EconoLodge. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- mission table any and all action on the above-listed four annexations until an annexation policy is adopted. The motion carried by the following Aye and No vote: those voting Aye being 11-07-83 389 Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No. none. of South Ninth Avenue and West Koch City Manager Evans presented to the Commission three letters requesting installation of I stop signs at the intersections of South Ninth Avenue and West Koch Street and South Tenth Avenue and West Koch Street. The City Manager indicated the Commission has also received copies of a memo from Director of Public Safety Don Barrick recommending that the Commission acknowledge receipt of these. requests and forward them to the Pedestrian/Traffic Safety Committee for review and a recommendation. The City Manager then concurred in that recommen- dation. Commissioner Vant Hull stated she has received a verbal request for installation of a stop sign at the intersection of South Sixth Avenue and West Olive Street. She asked if that request could also be submitted to the Pedestrian/Traffic Safety Committee. Following a brief discussion, the Commission determined that all intersections along Olive Street from South Rouse Avenue to South Eleventh Avenue should be reviewed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the three requests for stop signs at the intersections of South Ninth Avenue and West Koch Street and South Tenth Avenue and West Koch Street and refer those requests, as well as the Commission's concerns about the need for stop signs at intersections of Olive Street from South Rouse Avenue to South Eleventh Avenue, to the Pedestrian/Traffic Safety Committee for review and a recommendation to be submitted as soon as possible. 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 Break - 8:05 to 8:10 p.m. Mayor Stiff declared a five-minute break at 8:05 p.m., to reconvene at 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request for extension of Community Garden Program in Langohr Park, with addition of ten plots, for the 1984 growing season City Manager Evans presented to the Commission a request submitted by Interim Recrea- tion Officer Curt Shook for the extension of the Community Garden Program in Langohr Park, with the addition of ten plots, for the 1984 growing season. The City Manager stated this year's program was a success, with all available lots being rented for the growing season. He then recommended the Commission approve the request to continue the program and add ten more lots due to the community interest shown in the program. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request submitted by Interim Recreation Officer Curt Shook for an extension of the Community Garden Program in Langohr Park for the 1984 growing season and the request for the addition of ten garden plots at this site. 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 meeting - November 8, 1983, 11 :30 a.m., I City Manager Evans stated that he, Assistant City Manager Don Barrick, City Attorney Mary Crumbaker-Smith and Building Official Gene Yde will attend the Zoning Commission meet- ing, to be held on November 8,1983 at 11:30 a.m. in the King Gallatin Room at the Baxter Hotel. The City Manager stated the Commissioners are also invited to attend the meeting. He indicated the purpose of the meeting is to discuss zoning enforcement. Commissioner Mathre said she would be able to attend. Commissioner Vant Hull indicated she will be meeting with another group for a portion of the lunch hour but will attend this meeting as much as possible. 11-07-83 3~U . Appointments to Construction Codes Board of Appeals City Manager Evans stated the Commission has created a Board of Appeals. The Clerk of the Commission has advertised the appointments; and the deadline for applications has passed. Each Commissioner then submitted the names of five individuals for the Board of Appeals. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission appoint Gene Brooks, Robert V. Lashaway, J. Paul Petersen, Corbin Ross and Paul I A. Schofield to the Board of Appeals. 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. Continued discussion - public education program on self-government powers Commissioner Weaver and Commissioner Vant Hull reviewed the talks they have given during the past week. Commissioner Weaver indicated he remains optimistic about the vote which is to be taken tomorrow. Review of draft letter to Darlinton Manor City Manager Evans stated the staff has reviewed the draft letter submitted by Com- missioner Vant Hull. He noted the staff had indicated approval of most of the letter but had indicated concern about mentioning creation of a Special Improvement District for installation of a sidewalk along the east side of North Fifth Avenue. He stated the City owns Westlake Park, which has a large portion of the frontage along North Fifth Avenue between Durston Road and West Tamarack Avenue. He indicated the funding for the City's portion of a Special Improvement District for sidewalks would need to be considered in the Capital Improvement Program each year. Commissioner Anderson noted many of the residents of Darlinton Manor walk to Van's IGA; and there are no sidewalks along North Fifth Avenue or along North Seventh Avenue. She stated she feels sidewalks should be installed for pedestrian safety. I The Commission concurred that the letter should be sent to the residents of Darl inton Manor as drafted by Commissioner Vant Hull. Consent Items City Manager Evans presented to the Commission the following items: Application for Raffle License - Fraternal Order of Eagles Auxiliary No. 326 - December 7, 1983 Application for Raffle License - Bozeman Deaconess Hospital Auxiliary - December 20, 1983 Authorize Ma or to si n - Contract Documents - SID No. 632, Schedules I and ig y aving ompany - 62,814,48 Authorize Mayor to sign - Contract Documents - construction of lay-down curbs in the downtown area - Concrete Specialties, Inc. - $11,500.00 Report - Building Inspection Division for October 1983 It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the items as listed above, 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. Work session - review of City Manager applications City Manager Evans, Assistant City Manager Barrick and City Attorney Crumbaker-Smith were excused from the remaining portion of the meeting. I Commissioner Weaver noted the Commission is now working with a pool of twelve appli- cants and suggested that the Commission direct the Clerk of the Commission to send letters to the applicants who have been eliminated in the second cut as well as to those applicants who have withdrawn their applications to date. The Commission concurred in that suggestion. Commissioner Weaver suggested the Commission rank order the remaining twelve appli- cants and select the top ones as those on which to conduct telephone reference checks. Commissioner Mathre indicated she had thought telephone reference checks would be conducted on all of the top twelve candidates. 11-07-83 391 Commissioner Weaver stated checking references on each of the candidates could jeop- ardize the positions of eleven applicants. The Commissioners then rank ordered the twelve applicants. Following the tallying of those sheets, the Commissioners discussed each candidate. The Commissioners selected five candidates upon which they wished to conduct telephone reference interviews. They then I instructed the Clerk of the Commission to prepare a list of telephone references for each Commissioner. Commissioner Weaver stated he would prepare a telephone interview tally sheet for the Commissioners to use when making the telephone calls. The Commissioners will discuss these telephone reference interviews at next week's meeting. Adjournment - 10:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No. none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 11-07-83