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HomeMy WebLinkAbout1983-12-19 L+5B MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 19, 1983 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 19, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner I 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 December 12, 1983, were approved as corrected. Action on the minutes of the regular meetings of October 3, 1983; October 17, 1983; October 31, 1983; November 14, 1983; and December 5, 1983; and the special meetings of November 26, 1983; December 7,1983; December 8,1983; and December 10,1983; was deferred until a later date. None of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Award bid - purchase of two (2) police vehicles This was the time and place set to award the bid for the purchase of two police vehicles. City Manager Evans stated the staff has reviewed the bids received and recommends the bid be awarded to Bozeman Ford, Inc., in the bid amount of $10,506.00 per unit, it being the lowest and best bid received. The City Manager stated this bid is $506.00 per unit higher than the amount budgeted in the Capital Improvement Program. He noted the staff has learned since adoption of the ordinance that the amount budgeted for foam conversion equipment for the Fire Division was high and recommended that the Commission authorize the Mayor to sign a Budget I Amendment to cover the cost of two police cars. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission award the bid for two police vehicles to Bozeman Ford, Inc., Bozeman, Montana, in the bid amount of $10,506.00 per unit, it being the lowest and best bid. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Yant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign a Budget Amendment to transfer $1,012.00 from the Capital Improvement Program - Fire Division to the Capital Improvement Program - Police Division to cover the cost of the vehicles. 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. Abatement of special assessments for Fiscal Year 1984 City Manager Evans presented to the Commission a summary of the requests for abate- ment of special assessments for Fiscal Year 1983-84. The City Manager stated Director of Finance Swan has reviewed the requests for abatement and has found them to be correct. The City Manager then recommended the Commission approve the following requests for abatement: NOTICE NAME LOT BLOCK ADDITION AMOUNT TYPE REASON 3245 Michael 1-3 D Tracy's 2nd $ 81. 60 Garbage private collection I Anderson 7/5/83 - 11/5/83 150 Peace, Inc. 2A-l 7 Babcock- 41. 60 Garbage no collection; Amended, Davis billed in error Plat C 19B 159 Charles Tract 2 7 Babcock- 46.80 Garbage House vacant Osborne 114 Davis 160 Alfred Tr 1 L 6 7 Babcock- 57.20 Garbage House vacant Schnider Tr 3 L 4 Davis Tr 3 L 7 12-19-83 1+59 NOTICE NAME LOT BLOCK ADDITION AMOUNT TYPE REASON - - 291 Bozeman 1-2 4 Beall's 3rd 62.40 Garbage House moved Medical Arts Center 292 Bozeman 3-4 4 Beall's 3rd 72 . 80 Garbage House moved Medical I Arts Center 293 Bozeman 5-6 4 Beall's 3rd 78.00 Garbage House moved Medical Arts Center 310 Helen 8-10 6 Beall's 3rd 46.80 Garbage House vacant McKenney 338 Sadie Wilton 29-30 7 Beall's 3rd 25.00 Garbage House vacant 10/7/83 - 3/30/84 588 Montana 11-16 3 Butte 41. 60 Garbage No collection Alpha of S .A. E. 640 Rose Eagle 21-22 11 Butte 39.00 Garbage House vacant Menzel 7/1/83 - 11/3/83 4/12/84 - 6/30/84 971 Charles & N20' 21. C Dawes 79.56 Garbage House moved Judith Kamp all 22 July 1982 less 25 x 40'. NE corner of 21-22 1042 John & Pat S10' of 6 Fairview 54.08 Garbage House vacant Powers 2. all 3. NI0' of 4 1551 Loren Winks 1-4 & C Hoffman 33.00 Garbage House vacant I W89' of 5 10/17/83 - 5/15/84 1559 Con lie 3-5 E Hoffman 67.60 Garbage House torn down Daphne May 1981 Gilliam 1670 Richard 1-3 44 Imes 10.40 Garbage Room count changed Mewes from 5 rooms 1 unit to 3 rooms 1 unit 2078 Mrs. George 3 22 Normandy 5.20 Garbage Room count changed Ingalls Rearr. from 8 rooms 1 unit to 7 rooms 1 unit 2239 Mildred 20 lie 22 101 Northern 5.20 Garbage Room count changed Jenni Pacific from 8 rooms 1 unit to 7 rooms 1 unit 2267 Velma Lee 13-18 118 Northern 5.20 Garbage Room count changed McMeekin Pacific from 7 rooms 1 unit to 6 rooms 1 unit 2645 Martha Tr 18 1 Perkins lie 17 .16 Garbage No collection Christen Stone Arnold Jacobs 2960 Carolyn W20' of E Story's 120.64 Garbage No collection Badura 4. all 5 3211 Galla tin 34-35 D Tracy's 62.40 Garbage No collection County I 3823 Terry J. 18 5 Westridge 62.40 Garbage No collection Coghlan 3826 Donald 2105 Fairway Drive Westridge 42.00 Garbage Private collector Weaver Meadows 3827 Donald 2111 Fairway Drive Westridge 42.00 Garbage Private collector Weaver Meadows It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the applica- tions for abatement of special assessments listed above be approved, and the Director of Finance 12-19-83 45U be authorized to enter the abatements on the tax record. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commis- sioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - snow removal policy City Manager Evans presented to the Commission a memorandum from Director of Public Service (Works) Holmes, along with supporting information, concerning the current policy for I snow removal and the existing ordinance, which was adopted in 1920. He noted the Di rector of Public Service (Works) has suggested the ordinance be revised, and that the fine be increased. Commissioner Vant Hull noted the Commission has just received a letter from Mr. John Barsness describing the snow removal policy used in Madison, Wisconsin, and asked if the staff would review the letter and possibly include some of the provisions in a revised snow removal policy. City Manager Evans stated he has not had an opportunity to review the letter. However, he questions whether additional responsibility should be placed on the Police Division, which is already short on personnel. The City Manager then gave the Commissioners copies of a new statute adopted by the 1983 Legislature which allows for assessment of snow removal costs in maintenance districts, including sprinkling districts. He cautioned that the creation of maintenance districts should be carefully considered before any action is taken to implement such a program. City Attorney Crumbaker-Smith stated Ordinance No. 502, the current ordinance, is not enforceable and should be revised. She also stated the landlord must be cited, not the tenant. Commissioner Vant Hull noted the memo from Engineering Officer Neil Mann indicates a contractor was hired to remove the snow and ice accumulation from five sidewalks during the past winter. However, the property owners were not assessed those costs on this year's assess- ments. She asked if those assessments can be made on next year's notices. City Attorney Crumbaker-Smith stated she will pursue the matter. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion authorize and direct the City Attorney to rewrite Ordinance No. 502 so it is enforceable and direct the staff to prepare an estimate of costs of implementing and enforcing the revised ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Weaver, Commissioner Yant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - participation in 1984 Olympic Torch Relay City Manager Evans presented to the Commission a memorandum from Interim Recreation Director Curt Shook concerning the 1984 Olympic Torch Relay. He noted this item was placed on the agenda at Commissioner Weaver's request. Commissioner Weaver stated he has reviewed the information submitted by the Los Angeles Olympic Organizing Committee concerning the 1984 Olympic Torch Relay. He noted that for every $1,000.00 donated by a community, one local resident can carry the torch for one mile. The Commissioner stated he forwarded the request to the Interim Recreation Director for review and to gather additional information. Arrival of Santa Claus Santa Claus made his annual appearance before the Commission at 4:35 p.m. Following his presentation, with candy canes for all and gifts for City Manager Evans, Director of Finance Swan and Mayor AI Stiff, Santa Claus departed at 4:45 p.m. I Discussion (continued) - participation in 1984 Olympic Torch Relay Interim Recreation Director Shook stated he has talked to members of the Olympic Committee to gain additional information on the Relay. He noted the Olympic Committee will accept donations in increments of $3,000.00 during the period January 15, 1984 through March 15, 1984. He noted 88 percent of the funds submitted to the Olympic Committee will be returned to the community, to a group that is nonprofit and nondiscriminatory for release to various groups in the community for use in promoting and expanding amateur sports training programs. 12-19-83 1 ('1 to___ The Interim Recreation Director stated the route for the run will be finalized on Feb- ruary 1, 1984; and is now proposed to run through Butte and Missoula, then west to Washing- ton. He noted Missoula is the only city in the state now participating in the 1984 Olympic Torch Relay. Mr. Shook then stated the Chamber of Commerce indicated they had reviewed the infor- I mation on the 1984 Olympic Torch Relay and had decided not to pursue the matter since the route does not go through Bozeman. They have indicated a willingness to help if requested to do so. Commissioner Anderson suggested that KBOZ or another group equally interested in pro- moting recreational activities be the ones to decide whether or not the 1984 Olympic Torch Relay is something they would like to pursue. Following a brief discussion, the Commission determined that the City should not become involved in such a fund raising program, but the Recreation Advisory Board may wish to consider it. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission forward the information concerning the 1984 Olympic Torch Relay to the Recreation Advisory Board for disposition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Yant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commission Resolution No. 2491 - intent to create SID No. 645 - sanitary sewer line along Kagy Boulevard - to serve Grafls Second Subdivision City Manager Evans presented Commission Resolution No. 2491, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2491 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROYEMENT DISTRICT NO. 645 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTENANCES TO SERVE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPUR- TENANCES, FROM A POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTERSECTION OF KAGY BOULEYARD AND SOURDOUGH ROAD, TO SERVE PROPERTY LOCATED WITHIN GRAFIS SECOND SUBDIYISION AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. 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. City Manager Evans recommended that the Commission adopt this Commission Resolution and set January 16, 1984, as the public hearing date on the creation of SID No. 645. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2491, declaring the intention to create SID No. 645, to construct a sanitary sewer line along Kagy Boulevard to serve Grafls Second Sub- division, and set January 16, 1984, 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 voting No, none. FYI items - letter re mass transit study; request for input from newly-appointed City Manager Wysocki; letter from the Committee for the Arts I City Manager Evans stated Commissioner Vant Hull had requested these items be added to the agenda. The Commission then considered each of these three items separately. (1) Letter from the MSU Department of Civil Engineering and Engineering Mechanics re mass transit study. Commissioner Vant Hull noted she and Mayor Stiff have heard a presenta- tion by the students who wish to conduct a mass transit study. The study would be funded through the Urban Mass Transit Administration, in the amount of 80 percent of the costs; and matching funds through the Engineering Experiment Station of Montana State University would . 12-19-83 l.6L be requested for the remaining portion. The group has requested that a letter of endorsement be submitted by the City for the proposed study. The Commission directed Commissioner Vant Hull to prepare a letter of endorsement for Mayor Stiff's signature. (2) Request for input from newly-appointed City Manager James Wysocki. Commissioner Vant Hull noted the Commission has received a memo requesting that each Commissioner list any I strengths he/she sees in the City organization as well as problems and any solutions that have been tried and failed. She suggested the Commission consider the goal setting process prior to responding to this request. Commissioner Anderson indicated she has spoken to Mr. Wysocki, and he has indicated he wants individual responses rather than a collective response from the Commission. The Commissioner then stated she feels a reception should be held for Mr. Wysocki and his family during the third week of February so he can meet members of the community. She indicated she will organize the reception if requested to do so. (3) Letter from the Committee for the Arts re use of the Beall Park Building. Commis- sioner Yant Hull noted the Commission has received a letter from the Committee for the Arts indicating they will accept the Commission's conditions for use of the Beall Park Building as a community arts center. She asked if the staff should now work on a formula for payment of the utilities. City Manager Evans stated a contract must be prepared for lease of the bui Iding. City Attorney Crumbaker-Smith indicated she wi II prepare a draft lease, to be reviewed by the Commission prior to submittal to the Committee for the Arts. Consent Items #728 1983 I n - Chan e Order No. 1 - Water System Improvements, nderground Utilities add 2,256.00 It was moved by Commissioner Weaver, seconded by Commissioner Yant Hull, that the items as listed above be approved, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre and Mayor Stiff; those voting No, none. Recess - 5: 1 0 p. m . Mayor Stiff declared a recess at 5:10 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. of This was the time and place set for the public hearing on the Zone Map Change request- I ed by Kroh Brothers Development Company for a Zone Map Change from B-2-T to R-O on Lots 1, 2 and 3, Block 1, University Square Subdivision. This property is more commonly located west of South 22nd Avenue and south of West Koch Street. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He noted this item was on the Consent Items before the Zoning Commission; and the Zoning Commission recommended approval of the request. 12-19-83 1+53 Mr. Mike Coil, attorney for Kroh Brothers Development Company, stated there are several reasons for granting of the request: (1) need for a buffer between the University Square Mall and the housing developments being constructed south of the mall; (2) the property could be sold easier with an R-O designation, including a pending sale; (3) the property is not suitable for B-2-T because it is not in a high visibility area; and (4) it appears the R-O zoning is more I compatible with the existing development of surrounding parcels. Mr. Coil then requested that the Commission waive the customary one-week waiting period prior to reaching a decision if no protests are received, so that the applicant can proceed with sale of this parcel. No one was present to speak in opposition to the granting of the requested Zone Map Change .' Mayor Stiff closed the public hearing. Mayor Stiff expressed concern about waiving the customary one-week interval because of the reason submitted. He noted no hardship has been indicated; and he does not feel the rule should be suspended to expedite commerce. Commissioner Weaver noted there were no protests, and there is little information to take under advisement for a one-week waiting period. He stated it is difficult to justify intervening in commerce or delaying it. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week interval as requested by the applicant's attorney. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Weaver and Commissioner Vant Hull; those voting No being Commissioner Anderson, Commissioner Mathre and Mayor Stiff. A decision will be forthcoming in one week. - Conditional Use Permit - Hruska-Lan el - allow a PUD on Section 5, T2S, R6E, I S nnexation I This was the time and place set for the public hearing on the Conditional Use Permit requested by Hruska-Langel to allow a Planned Unit Development on Section 5, Township 2 South, Range 6 East, MPM. This property is more commonly located in the west one-half of the Story I-ij lis Annexation. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He noted the requested Conditional Use Permit would allow development of a Planned Unit Development on 207 acres, containing 107 single-family lots, 16,000 square feet of commercial leasing space and 17 PUD townhouse blocks which could contain 245 residential townhouses. The Assistant Planner noted the developers have asked for minimum and maximum guidelines for the proposed development. He also stated the developers have prepared a set of covenants. He stated a homeowners association will also be established with an architectural review committee to review all proposed development within the Planned Unit Development. Assistant Planner Lere stated the proposal provides for an equestrian development; and the question of allowing horses within city limits has been raised. The City Attorney has reviewed the issue and has indicated the area must be determined unique, with specific criteria established for allowing horses in the development. The Assistant Planner then stated the Zoning Commission has recommended conditional approval of the Conditional Use Permit. Assistant Planner Lere then stated the City-County Planning Board has conducted the Preliminary Plat Review on this phase; and the item has been scheduled for the Commission meeting to be held January 3, 1984. He noted several of the questions that might be raised I during this public hearing are possibly addressed in the twenty-four conditions recommended by the Planning Board for approval of the Preliminary Plat. Commissioner Anderson asked if the proposed covenants have been reviewed. Assistant Planner Lere stated the City Attorney has completed a preliminary review of the proposed covenants and made several comments, which have been forwarded to the developers. Mayor Stiff stated concern about the problems the City could face if City services are extended to the area and this Conditional Use Permit is approved. Commissioner Weaver noted that one of the criteria for approval of a Conditional Use 12-19-83 l+ 6 L:_ Permit, as listed in Section 18.52.010(8)(2) of the Bozeman Municipal Code, stipulates liThe proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity". The Commissioner then stated concern that the access streets to the area could be impacted by the traffic created by the proposed Planned Unit Development. I Assistant Planner Lere stated improvement of the access roads is one of the conditions recommended for approval of the Preliminary Plat for this site. He noted those conditions must be met before construction of the Planned Unit Development begins. Commissioner Anderson asked for the projected cost of improvement of "L" Street. The Assistant Planner stated the preliminary cost estimates for improvement of "L" Street are $585,000.00 and the estimates for Story Mi II Road are $385,000.00. He noted the developers have just developed a formula for funding of those improvements, but the formula has not been submitted to the City administration for review. Assistant Planner Steve Lere then stated the sixty-day period for action on the Pre- liminary Plat expires on January 14, 1984. He also noted the developers will install a water system built to City standards; and the water for the development in the annexation will be provided through wells dri lied by the developers. He indicated the sewer will also be a private system built to City standards. The sewer line for this development is to be connected to Sebena's private trunk line, which will then connect to the City system. He noted the Director of Public Service (Works) has reviewed the proposal and has indicated he has no problems with it. Commissioner Anderson asked if the gradient problems have been solved with the re- alignment of streets in the proposal. She also asked if the proposed drainage plans are ad- equate or if erosion will become a problem. The Assistant Planner noted that if the streets are built to City standards, they will meet the gradient requirements. He then stated the Engineering Officer and Director of Public I Service (Works) have reviewed the conceptual design for run-off and are conceptually satisfied. He noted one of the recommended conditions for approval of the Preliminary Plat is that a study of the soils in the area be completed. Mr. Dan McGee, surveyor and geologist for Christian, Spring, Sielbach and Associates representing the developers, noted the City-County Planning Board has recommended conditional approval of the Preliminary Plat for Phase I of the Story Hills development; and the Zoning Commission has recommended conditional approval of the Conditional Use Permit. He stated the developers accept all of the ten conditions on the Conditional Use Permit and the twenty-four conditions on the Preliminary Plat, as recommended to the City Commission. Mr. McGee stated the engineering firm has contacted the Forest Service and obtained information on construction and maintenance of horse trails through the Planned Unit Develop- ment. He stated he has also reviewed a formula for the number of horses which could roam free through the free land in the development and determined that 50 horses could roam free in the development for six months of the year. He noted that does not include potential develop- ment of stables for horses. Mr. McGee then stated the engineering firm has been involved in the development of three equestrian theme subdivisions. Review of statistics on the number of people owning horses within such subdivisions indicate that five percent of the people do own horses, which would be 42.5 horses within the subdivision. Mr. McGee then noted the water system wi II be private. He stated the wells for this system will be able to pump at least 500 gallons per minute. He noted the wells can be drilled with no effect on the groundwater in the area. Mr. McGee stated that the developers have not I indicated a desire to have the City own the water system or provide water for the development. Mr. McGee then stated the sewer system will be private, with the sewage collected from the subdivision being transferred through Sebena's private sewer line and into the City's system to the Waste Water Treatment Plant. He noted the sewer system will be charged for the sewage dumped into the City's sewer. He then stated the developers have contracted with an engineering firm which specializes in traffic studies. That firm has just completed a proposed formula for assessment of costs for 12-19-83 465 improvement of off-site roads, which will be submitted to the Planning Staff for review and comment prior to submitting the proposal to the Commission. Mr. McGee stated the 1972 Master Plan designates L Street as an arterial. The developers feel the adjacent property owners should pay their proportionate cost of improving the street to arterial standards. He a I so stated the developers do not feel any improvements should be made at this time; but that the I improvements should be made after the usage increases. Commissioner Weaver stated improvement of Story Mill Road and L Street is important and critical for the proposed traffic load. He also stated concern about the one-lane bridges that exist on those roads with the estimated 400 average daily trips at the present time. Commissioner Mathre stated improvement of Story Mill Road and L Street is important and should be considered in the Preliminary Plat review. Commissioner Vant Hull noted the parkland areas are not very large and do not provide adequate space for active sports. Mr. McGee noted there are larger parkland areas proposed for Phase II of the develop- ment of the Story Hills Annexation. Mr. Dave Tone, representing the developers, stated there is no land in Story Hills that is flat enough for active sports. He noted this development is to be an equestrian subdivision; and the developer will install a running track and cross country ski trails. Also, the developer plans to construct tennis courts and an area for volleyball. Assistant Planner Lere stated the Preliminary Plat in Phase II contains a parkland area selected by the former Planning Director to address the need for areas for active sports. He noted this site is not suitable for sports which require large flat areas, such as baseball, but should meet the recreational needs of the development. The Assistant Planner then noted the parkland in the Story Hills Annexation will be dedicated to the homeowner's association for use as a private park, and will not be available for public use. I B rea k - 8: 25 to 8: 30 p. m . Mayor Stiff declared a five-minute break at 8:25 p.m., to reconvene at 8:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. - Conditional Use Permit - Hruska-Lan el - allow a PUD on Section I s nnexatlon Mr. Mike Nash, attorney for the developers, expressed appreciation for the concerns expressed by the Commissioners. He then gave a brief history on the State Law concerning extension of City services to new annexations. He noted the City must stipulate which services it will provide within five years after annexation. However, the Statute does not require that any services be extended to that area after the five-year period has elapsed. Mr. Nash then stated the Story Hills Annexation is an experimental development of poor agricultural ground rather than the prime agricultural ground which is usually developed. He then stated an increase in traffic volume will require improvement of the roads leading to the development. He indicated the internal roads in the development will be constructed to City standards; but the roads leading to the site are self-limiting. He noted it is in the developers' best interests to cooperate in developing a formula for payment of improvements to the off-site roads which provide access to this development. Mr. Nash then noted the City has legal limits on requirements for off-site improvements, but the developers have agreed that the access roads must be improved and are willing to share some of those costs. Mr. Nash then stated any uses approved for this site cannot be implemented until the I Preliminary Plat has been approved. He then suggested the Commission may wish to wait until after action has been taken on the Preliminary Plat before taking action on the Conditional Use Permit request. Mrs. Lyn Taylor, 624 East Griffin Drive, noted the proposed Planned Unit Development is currently located on a tract of land for which there is no plat at this time. She a I so noted the site requires access, and several questions about off-site street improvements should be answered prior to making a decision on the Conditional Use Permit. Mayor ~tiff continued the public hearing to January 3, 1984. 12-19-83 468 Public hearing - Master Plan Amendment - Bozeman Deaconess Foundation This was the time and place set for the public hearing on the Master Plan Amendment requested by the Bozeman Deaconess Foundation. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He noted the requested Master Plan Amendment would change the land use on 92.5 acres located in the SWt of Section 8, and I the NEt of Section 18, Township 2 South, Range 6 East, MPM. This is the proposed site for the new Bozeman Deaconess Hospital. The Assistant Planner noted the site is now listed in the Master Plan for low- and medium-density residential development, and the request is to amend the Master Plan to reflect multiple use. The Bozeman Deaconess Foundation has indicated it wishes to construct an 86-bed hospital on the site, as well as provide space for private medical and professional offices. Assistant Planner Lere stated the proposed PLI zoning for this site does not allow professional offices as a permitted use or a conditional use. However, the Zoning Commission has indicated it will initiate a rezoning change for that portion of the site upon which the Bozeman Deaconess Foundation wishes to construct professional office space. The Assistant Planner noted this request was heard before the City-County Planning Board; and they recommended approval, contingent upon resolving of the realignment of High- land Boulevard and Switzler Avenue. Assistant Planner Lere cautioned the Commission that if the Master Plan Amendment and Zone Map Change are approved, the Bozeman Deaconess Foundation can obtain a building permit with no further reviews or conditions. He stated the Technical Advisory Committee reviewed the proposed plans for realignment of Highland Boulevard and recommended that no changes be made in the list of priorities for the use of Federal Aid Urban monies at this time. Mayor Stiff noted the Bozeman Deaconess Foundation owns another 400 acres contiguous to this site; and any acceleration in development of that land could create further impacts on the access roads to the site. He also noted that the relocation of a large entity will result in the City being asked to bear a portion of the costs; and he feels some of those costs are I legitimate. Commissioner Vant Hull noted that when the Hospital had considered remaining in the downtown area, the City had required that the Hospital bear the costs incurred in the proposed expansion. She indicated she feels the Hospital should also pay the costs for its proposed relocation. City Manager Evans stated he has met with Mr. Ed Dahlberg, Administrator of the Hospital, on several occasions and discussed the relocation of the hospital. He stated the Commission should consider all costs involved in the hospital relocation and determine whether the hospital should bear all of the costs as the developer, or whether the City should share a portion of the cost because of the large portion of City-owned land adjacent to the subject site. Mr. Ed Dahlberg, Administrator of the Bozeman Deaconess Hospital, noted there are several requests before the Commission on the proposed relocation of the hospital. He stated many of the comments submitted in this portion of the meeting will apply to all three of the agenda items concerning the hospital. Mr. Don McLaughlin, architect for the Bozeman Deaconess Foundation, showed the Commission several large drawings of the proposed realignment of Highland Boulevard and Switzler Avenue as well as the initial phases of the hospital construction. He noted the Master Plan indicates a realignment of Highland Boulevard which is slightly different from the realignment being proposed by the Bozeman Deaconess Foundation. Mr. Ed Dahlberg gave the Commissioners copies of a proposal which the Board of Direc- tors of the Bozeman Deaconess Foundation approved and directed him to submit to the City. He I then reviewed the eleven conditions listed for approval of the proposal for relocation of High- land Boulevard through creation of a Special Improvement District. Those conditions include the donation of right-of-way for four-lane construction by the Bozeman Deaconess Foundation and the City of Bozeman; waiving of the requirements for a cash escrow account, the 5 percent revolving fund payment, the 3 percent general administration and 3 percent revolving fund administration payment, and the administration fee for the Industrial Development Revenue Bond issue for the Bozeman Deaconess Foundation; the City will pay the Foundation $70,000.00 for 12-19-83 4GI restoration of the abandoned lagoon site on their property; the City wi II accept 40.4 percent of the Special Improvement District as their portion; the Foundation will provide the borrow source for the relocation of Highland Boulevard; construction of the relocated Highland Boulevard will be completed by September 1985; and Thomas, Dean and Hoskins, Inc., will be retained as the engineering firm in the project. I Commissioner Vant Hull noted the City's share of the Special Improvement District, as proposed by the Bozeman Deaconess Foundation, would be $266,660.00. She stated concern about authorizing expenditure of such a large amount without approval by the voters. Commissioner Weaver noted the proposed Highland Boulevard would provide a major link in the street arterial system from Kagy Boulevard to Main Street. He stated from that stand- point, the proposed road would be an asset to the community. City Manager Evans stated if the Commission accepts the proposal, the Bozeman Deaconess Foundation would pay its portion of the SI D immediately, rather than over the customary twenty- year period. That would leave the City as the major participant in paying the annual install- ments on the SID. He noted this is an unusual circumstance since the City owns such a large portion within the potential SI D area. The City Manager then noted the City would benefit from relocation of Highland Boule- vard. He indicated the Transportation Plan proposes the relocation of Highland Boulevard and that it be a four-lane arterial. He stated this proposal would provide for the relocation of Highland Boulevard and construction of two lanes. The remaining two lanes could then be con- structed with Federal Aid Urban monies under the current priorities that have been established. Mayor Stiff expressed concern that the debt service on the proposed SI D would under- mine other projects listed in the Transportation Plan. He then asked about the payment for restoration of the lagoon sites. City Manager Evans stated the agreement, which was signed in 1959, provided for place- ment of lagoons for Hyalite View Subdivision on the Bozeman Deaconess Foundation property. I He stated that the agreement also stipulates that after discontinuance of the use of those lagoons, the City is to restore that land to its original state. The City Manager stated the $70,000.00 figure listed in the Foundation's proposal is close to the City's estimates. He also stated the lagoons were abandoned about one and one-half years ago; and the money for restora- tion of the site is available in the Sewer Fund. The City Manager then stated the present Commission adopted the Commission Resolution which provides for charging of administrative fees for I DR bond issues. He noted the City Attorney had indicated at that time it is difficult to project the costs that will be incurred in a bond issue. He also noted that the Resolution provides that the monies from the administrative fees are to be utilized for capital improvements. The City Manager stated he recognizes that the construction of a new hospital is a community related project. City Manager Evans then suggested the Commission discuss the proposal submitted by the Board of Trustees of the Bozeman Deaconess Foundation at next week's meeting. He noted this would allow the Commissioners time to review the proposal and prepare any suggested changes. Commissioner Vant Hull expressed opposition to the City spending any money for the hospital's relocation. She noted when the hospital had planned to remain in the downtown location, the Commission had approved the request with the stipulation that all costs be borne by the hospital. The Commissioner then suggested that the Bozeman Deaconess Foundation request that the County Commission place a two-cent gasoline tax on the ballot to help fund the re- location of Highland Boulevard. I Mayor Stiff asked what will happen to the old hospital site after the new hospital is constructed. Mr. Dahlberg stated he has no answer. He stated the Board of Trustees of the Bozeman Deaconess Foundation has discussed appointing a community involved committee to work with members of the Board in seeking alternative uses of the old hospital site. Mr. Dahlberg then stated the extended care facility of the hospital will remain at the old hospital site. Mayor Stiff suggested that the portion of the old hospital not being used for extended care be converted into low-income housing. 12-19-83 LtG 8 Mr. Dahlberg stated the possibility of converting the old hospital to low-income housing has been discussed informally on several occasions. He stated, however, it is only a concept at this time with no firm plans or suggestions. Mr. Dahlberg then stated the proposal offered by the Bozeman Deaconess Foundation is an honest effort to benefit the community and provide reasonable access to the new facility. He stated if the Commission wishes to submit a counter-proposal, he will take that offer to the I Board of Trustees for review. Break - 10:00 to 10:05 p.m. Mayor Stiff declared a five-minute break at 10:00 p.m., to reconvene at 10:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Master Plan Amendment - Bozeman Deaconess Foundation Commissioner Anderson asked if the proposed street is a standard design or an arterial roadway. Mr. Doug Daniels, Thomas, Dean and Hoskins, Inc., consulting engineers for the Bozeman Deaconess Foundation, stated the proposed roadway, upon which the estimated cost is based would be a 28-foot-wide paved roadway with 4-foot-wide gravel shoulders on each side; and the surface would be six inches deep. The two lanes would be constructed on one-half of the right-of-way for a four-lane road. At the time the road is widened to four lanes, the entire width could be paved; and two inches of additional surfacing could be placed on the existing roadway to meet the desired roadway construction. Commissioner Weaver noted the improvement of Kagy Boulevard will create more traffic on the east side of Bozeman. Mr. Daniels stated realignment and improvement of Highland Boulevard will be valuable to the Hospital and to the community. No one was present to speak in opposition to the granting of the requested Master Plan I Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming after the re- alignment of Highland Boulevard and Switzler Avenue has been resolved. The Commission then concurred that a special meeting should be held to discuss the proposal submitted by the Bozeman Deaconess Foundation. A special meeting was set for 9: 00 a. m. on Friday, December 23, in the Commission Room. R - 2 to This was the time and place set for the continued public hearing on the Zone Map Change requested by the Bozeman Deaconess Foundation to change the zoning from R-1 and R-2 to PLI on that parcel of land in the SWL Section 8, and NE!, Section 18, Township 2 South, Range 6 East, MPM. The parcel of land is the proposed site for the new hospital. Mayor Stiff opened the publ ic hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the Zoning Com- mission has recommended approval of the Zone Map Change, contingent upon resolving of the realignment of Highland Boulevard and Switzler Avenue and approval of the Master Plan Amendment. He once again noted the Zoning Commission indicated a willingness to initiate a Zone Map Change on that portion of land upon which the Bozeman Deaconess Foundation wishes to construct professional offices. Mr. Don McLaughlin, architect for the Bozeman Deaconess Foundation, noted the booklet I prepared for the Master Plan Amendment provides detailed information on the immediate plans for development of the site. He indicated the Bozeman Deaconess Foundation needs to begin construction of the new hospital as soon as possible. No one was present to speak in opposition to the granting of the requested Zone Map Change. Mayor Stiff closed the public hearing. A decision will be forthcoming after the re- alignment of Highland Boulevard and Switzler Avenue has been resolved and a decision has been made on the Master Plan Amendment also requested by the Bozeman Deaconess Foundation. 12-19-83 Lf89 Public hearing - proposal for Industrial Development Revenue Bond issue - Bozeman Deaconess Foundation This was the time and place set for the public hearing on the proposal for the Industrial Development Revenue Bond issue requested by the Bozeman Deaconess Foundation. Mayor Stiff opened the public hearing. I Mr. Ed Dahlberg, Administrator of the Bozeman Deaconess Hospital, stated sale of a $17 million Industrial Development Revenue Bond issue is the proposed financing mechanism for construction of the proposed 86-bed hospital. He noted the sale of tax exempt bonds is a critical component in this project. Commissioner Vant Hull noted another developer has indicated to the Commission that there is a $10 million limit on Industrial Development Revenue Bonds if they are to remain in a tax exempt status. Mr. Bill Johnstone, attorney with Dorsey and Whitney, stated this proposed $17 million I DR bond issue is for a nonprofit corporation, which has special exemptions. He noted the $10 million limitation which has been mentioned is pending legislation in the U. S. Congress. He then stated this bond issue would have no effect on any future I DR bond issues the City may wish to consider. Mr. Ed Dahlberg noted the Commission has adopted a Resolution establishing an admin- istrative fee for all Industrial Development Revenue Bond issues. He noted at the time the Resolution was adopted, the Commission had discussed the possible lOR bond issue for the hospital and had considered giving the matter special consideration. He indicated the waiving of the fee for this bond issue would not set a precedent because it is for a nonprofit organization. He then stated the Resolution also provides that the entity requesting the lOR bond issue pay the out-of-pocket expenses incurred in the issuance of the bonds. Mr. Dahlberg also noted a decision on this request is contingent upon approval of the former two items. Commissioner Weaver asked what the debt service would be on $17 million in today's market. I Ms. Lisa Huey, Piper, Jaffray and Hopwood, Inc., stated the annual debt service, based on 11 percent interest over thirty years, would be $1,950,000.00. She noted several lOR bond issues are now coming on the market, which has raised the interest rate, but that rate should drop after the first of the year. Commissioner Weaver then asked who assures the financial soundness of the applicant and the bond sale. Ms. Huey stated a financial consultant has been hired to do a feasibility study on the hospital and its ability to pay the debt service. She stated the hospital underwriters will support the bond issue if it is determined feasible. No one was present to speak in opposition to the proposed Industrial Development Revenue Bond issue. Mayor Stiff closed the public hearing. A decision will be forthcoming after the re- alignment of Highland Boulevard and Switzler Avenue has been resolved and a decision has been made on the Master Plan Amendment and Zone Map Change also requested by the Bozeman Deaconess Foundation. Adjournment - 10:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be adjourned. 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; I those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission 12-19-83