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HomeMy WebLinkAbout1983-03-21 l 7~ t ' , . " MINUTES OF THE MEETI NG OF THE CITY COMMISSION BOZEMAN, MONTANA March 21, 1983 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 21, 1983, at 4: 00 p.m. Present were Mayor Stiff, Commissioner I Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commis- sioner Weaver was absent in compliance with Section 7-3-4322, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of March 7, 1983 were approved as corrected; and the minutes of the regular meeting of March 14, 1983 were approved as submitted. None of the Commissioners requested that any of the items I isted under Consent Items be removed for discussion. Presentation of appliqued and quilted City Seal to the City of Bozeman from the Quilters' Guild for the Bozeman Centennial Mrs. Anna Bernstein and Mrs. Donna Demetriades, members of the Quilters' Guild, pre- sented to the Commission an appliqued and quilted City Seal for the Bozeman Centennial. Mrs. Bernstein noted that about fifteen members of the Quilters' Guild have worked on this City Seal during the past year. Mayor Stiff thanked the Quilters' Guild for the appl iqued and quilted City Seal and noted that it will be displayed in City Hall. Request - permission to conduct cattle drive on Main Street - Bozeman Downtown Business Association - Friday, March 25,1983,10:00 a.m. to 11:30 a.m. City Manager Evans presented to the Commission a request submitted by the Bozeman I Downtown Business Association for permission to conduct a cattle drive on Main Street on Friday, March 25,1983 between the hours of 10:00 a.m. and 11:30 a.m. The City Manager noted that the Chief of Police has indicated no real problem with the proposed cattle drive on Main Street. Mr. Sam Wagner, member of the Bozeman Downtown Business Association, stated that roping steers will be used in the cattle drive. These cattle will be from three different ranches, and three people from each ranch will help in the cattle drive. Mr. Wagner noted that these men know their cattle and should have no problem with the drive. Mr. Wagner stated that he has checked an insurance policy and rate for the drive, and will obtain liabil- ity insurance if the cattle drive is approved by the Commission. Mr. Wagner stated that he has spoken with the Police Division; and they will provide a car in front of and behind the cattle drive. Also, no traffic wi II be allowed to cross Main Street between the cattle. City Manager Evans recommended that the Commission approve the request, contingent upon a copy of the insurance policy being furnished to the Clerk of the Commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by the Downtown Business Association for per- mission to conduct a cattle drive on Main Street on Friday, March 25, 1983 between the hours of 10:00 a.m. and 11:30 a.m., contingent upon a copy of the insurance policy being furnished to the Clerk of the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and I Mayor Stiff; those voting No, none. Request - permission to hang banner - Montana State University Athletic Scholarship Associa- tion - March 22 through Apri I 4, 1983 City Manager Evans presented to the Commission a request submitted by the Montana State University Athletic Scholarship Association for permission to hang a banner across Main Street during the period of March 22 through April 4,1983. 03-21-83 (77 Assistant City Manager Barrick stated that on March 25, when Bozeman is State Capital for a Day, a State banner will be hanging in the same location that the University wishes to place its banner. He has spoken with Mr. Don Hammer, Assistant Athletic Director; and he has indicated no problem with their banner being removed for one day while the State banner is in place. The Fire Chief has also indicated no problem in removing one banner while erect- ing another. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by the Montana State University Athletic Scholarship Association for permission to hang a banner across Main Street during the period of March 22 through April 4, 1983, except during the period on March 25 when the State banner will be installed in that location. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. , Request for sign variance - The River's Edge, 2012 North Seventh Avenue City Manager Evans presented to the Commission a request for a sign variance on behalf of The River's Edge, located at 2012 North Seventh Avenue. The City Manager noted that the Building Official has indicated that he has no objections to approval of the request and recommended that the Commission approve the request. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request for a sign variance on behalf of The River's Edge, 2012 North Seventh Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - Planning Staff update on the 1983 Community Development Block Grant program Assistant Planner Mike Money stated that the Planning Staff had two reasons for re- I quested that this update be placed on the agenda (1) to request permission to activate the Community Development Block Grant Committee that the Commission recently appointed and (2) to outline possible events involved in the preparation of the application for CDBG monies. Mr. Money stated that he would like to conduct an initial meeting of the CDBG Committee on March 30, at which time he would provide the members with an outline of the findings from last year's CDBG Committee. He noted that a regional meeting on the preparation of applica- tions will be conducted on Apri I 6 or 7, 1983. Mr. Money stated that a needs assessment must be completed prior to submittal of the final application. The Committee must select the project it feels would be best; and the Commission must conduct a public hearing. The Commis- sion must conduct another public hearing after the appl ication has been completed. In May, the State will conduct a workshop, at which time the applicants will learn what detailed infor- mation is required in the appl ication. The deadline for the applications for Community Devel- opment Block Grant monies is July 1, 1983. Commissioner Anderson asked if the time table is basically the same as last year's. She also noted that many of the members on the Committee are the same ones that were on last year's Committee. Assistant Planner Money noted that the time table is very close to last year's. Commissioner Mathre noted that a lot of the needed data is available now. The Assistant Planner stated that the needs assessment from last year should require little change for this year's application. He also noted that hopefUlly the priorities outlined by last year's Committee will aid the new Committee in establishing its priorities and the re- I qui rements for completing the appl ication. City Manager Evans recommended that the Commission authorize the Planning Staff to proceed with the application for the Community Development Block Grant monies as outlined by Assistant Planner Mike Money. The Commission concurred that the Planning Staff be authorized to activate the Community Development Block Grant Committee recently appointed by the Commission and proceed with the appl ication process. 03-21-83 l ~if) t 1_' receipt of petition for annexation - Donald K. Weaver, Jr. (2-acre parcel west of to Valle View Golf Course, for Phase \I of Westrid e Meadows Planned Unit City Manager Evans presented to the Commission a petition for annexation on behalf of Donald K. Weaver, Jr., for a two-acre parcel located west of and adjacent to Valley View Golf Course for Phase II of Westridge Meadows Planned Unit Development. He recommended that the Commission acknowledge the petition for annexation and refer it to staff for review and preparation of a report. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the petition for annexation on behalf of Donald K. Weaver, Jr., for a two acre parcel located west of and adjacent to Valley View Golf Course for Phase II of Westridge Meadows Planned Unit Development and refer the petition to staff for review and a preparation of a report. 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. License - Karl Marks Pizza, 1003 West Colle e Street - March 21 one electronic po er machme City Manager Evans presented to the Commission the application, along with the appro- priate fee of $500.00, for a Gambling License for Karl Marks Pizza for the period March 21, 1983 through June 30, 1983. The City Manager noted that this application is a new applica- tion for the licensing of one electronic poker machine. The Pol ice Division has completed an investigation of the applicant and found no criminal activity. City Manager Evans then recommended approval of the appl ication. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Gambling License for one electronic poker machine on behalf of Karl Marks Pizza for the period ending June 30, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Centennial update concerning activities on Friday, March 25 - Commissioner Anderson Commissioner Anderson stated that all arrangements have been completed for the activities to be conducted on Friday, March 25, when Bozeman is the State Capital for a Day. She reminded the Commission that the Governor's receptionist will be making appointments on a first-come, first-served basis on Friday. A luncheon will be held at noon at the Elk's Club. The Chamber of Commerce is selling tickets for the luncheon. A reception will be held at 3: 00 p. m. in the First Bank, Bozeman, at which time Mr. Max Baucus wi II present a flag that has flown over Washington, D. C., to Mr. Harry Newlon, who purchased the flag for the Worthy Student Scholarship Fund. The flag will then be donated to the City as the official Centennial Flag. A reception will be held at the Museum of the Rockies in the evening, at which Dr. Merrill Burlingame will be honored. City Manager Evans noted that between 8:00 a.m. and 9:30 a.m., the Governor will meet with all local government officials and Legislators in the Commission Room. Discussion of evaluation process - Mayor Stiff Mayor Stiff stated that he had met with the Assistant City Manager and Personnel Director in Vancouver, Washington. He noted that the Assistant City Manager indicated that Mr. Richard E. Brown, who wrote the booklet on evaluation for the National League of Cities, has now proposed changes in the procedure since the booklet was published. He suggested I that a telephone call to Mr. Brown might be helpful. The Mayor asked if the Commission feels that a long distance telephone call to Mr. Brown would be worth the investment. The Commission concurred that the Mayor should call Mr. Brown to try to gain additional information. Commissioner Anderson noted that the Commission has not yet formally adopted a set of goals. 03-21-83 L "In ," , '-' Legislative Update City Manager Evans stated that the bill for gas tax and the additional income tax for local governments has been introduced by Speaker of the House Kemmis and Representative John Vincent. He noted that a meeting of the Urban Coalition may be necessary prior to the group taking a position on the bill. He stated that if any of the Commissioners has strong feelings about an addition to the income tax, he/she should contact him and state his/her I stand. Commissioner Vant Hull noted that the State has indicated that if a surplus of $20 million is reached, the taxpayers will be reimbursed for the amount over $20 million. Mayor Stiff noted that the State of Montana needs to upgrade its revenue raising pro- cedures. He stated that the State is now looking at "sin taxes" to provide revenue. He fur- ther noted that one individual cannot do anything about getting the sales tax approved; but a group must approach the issue. Commissioner Vant Hull noted that the State needs a diversification of taxes because everyone has reasons why they should not be paying certain taxes. City Manager's report on Great Open Space City Management Association meeting City Manager Evans stated that about forty people attended the meeting in Casper, Wyoming, on March 17 through 19. He noted that five cities from Montana were represented, as well as cities in Wyoming, Nevada, Idaho and North Dakota. He noted that the major thrust across the United States is toward micro computers. The cost of the micro computers is now decreasing, and the potential and communications features are increasing. The City Manager noted that a consultant from Washington, D. C. was present and addressed the use of computers from a management perspective. City Manager Evans indicated that the disadvantages and advantages of micro computers must be reviewed; and the situation closely reviewed prior to possible installation of micro computers. He further noted that the main frame computer must be maintained because of its I capabilities and the amount of information currently stored in it. He also noted that the International City Management Association is currently developing training programs that can be done be correspondence, either individually or in groups. He then provided the Commission with copies of the list of people who attended the GOSCMA meeting and a brief outline of one of the upcoming I CMA training programs. Mayor Stiff noted that an article he read recently indicated that the price of micro computers may drop as much as fifty percent in the next twelve months. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3 - $52,409.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3. This is Partial Payment Request No.5, in the amount of $52,409.00. The City Manager recommended that the Commission authorize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, in the amount of $52,409.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3, Phase I - $904.00 I City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase I. This is Partial Payment Request No. 19, in the amount of $904.00. The City Manager recommended that the Commission author- ize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase I, in the amount of $904.00. The 03-21-83 it 3 :) 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. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3, Phase II - $686.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase II. This is Partial Payment Request I No. 12, in the amount of $686.00. The City Manager recommended that the Commission author- ize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase II, in the amount of $686.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge report - Broad Valleys Federation of Libraries for February 1983 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for February 1983 appeared to be in order and recommended that it be acknowledged and brought back next week for filing. Mayor Stiff noted that the percentage of out-of-city users was 41 percent, which is even higher than usual. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the monthly report for the Broad Valleys Federation of Libraries for February 1983 be acknowl- edged and brought back next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Acknowledge report - Police Division for October 1982 I City Manager Evans stated that the monthly report for the Police Division for October 1982 appeared to be in order and recommended that it be acknowledged and brought back next week for filing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the monthly report for the Police Division for October 1982 be acknowledged and brought back next week for filing. 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. Acknowledge report - Pol ice Division for November 1982 City Manager Evans stated that the monthly report for the Police Division for November 1982 appeared to be in order and recommended that it be acknowledged and brought back next week for filing. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Police Division for November 1982 be acknowledged and brought back next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge report - Police Division for December 1982 City Manager Evans stated that the monthly report for the Police Division for December I 1982 appeared to be in order and recommended that it be acknowledged and brought back next week for filing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the monthly report for the Police Division for December 1982 be acknowledged and brought back next week for fi ling. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. 03-21-83 L 8" ' (.' I." Claims Claims for the past two weeks were presented. The City Manager stated he had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the claims be approved for payment as submitted. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner 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. 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. tract of land in the NW-l;- east of and ad"acent to the 1-90 east inter- This was the time and place set for the public hearing on the Zone Map Change from AS to B-2 as requested by William J. Sebena for that parcel of land located in the NWt of the SEt of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, or more commonly known as the 2.2 acres located east of the 1-90 Bozeman east interchange on the north side of Frontage Road. City Manager Evans stated that Larry W. Moran, Attorney for the appl icant, has sub- mitted a letter of withdrawal of the application and requested that the hearing be stricken I from the Commission agenda. The City Manager noted that when a public hearing has been advertised, it must be listed on the Commission agenda; and recommended that the Commission acknowledge receipt of the letter of withdrawal. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the letter of withdrawal of the application for a Zone Map Change from AS to B-2 as requested by William J. Sebena for that parcel of land located in the NWt of the SEt of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian. 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. Public hearing - Conditional Use Permit - Christeson and Jackson, Inc. - residential Planned Unit Development on Lot 10, Tai Lane Addition (South Eleventh Avenue, surrounding Resurrection Parish) This was the time and place set for the public hearing on the Conditional Use Permit requested by Christeson and Jackson, Inc., to allow construction of a residential Planned Unit Development on Lot 10, Tai Lane Addition. The site contains 7.75 acres and is located along South Eleventh Avenue, surrounding the Resurrection Parish, and across the street from the Montana State University Fieldhouse parking lot. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the proposed Planned Unit Development would contain 156 two-bedroom apartment units. The project would I be developed in two phases; and access would be provided at two points on South Eleventh Avenue and one point in Kagy Boulevard when Kagy Boulevard is extended from South Eleventh Avenue to South Nineteenth Avenue. The Assistant Planner stated that the Zoning Commission considered the application at its meeting on February 22, 1983. Following a discussion on the location of fire hydrants and the possible traffic impact on South Eleventh Avenue, the Zoning Commission recommended conditional approval of the application. The Planning Staff had recommended twenty-six conditions for approval, which the Zoning Commission revised and adopted. 03-21-83 It.8 ') """. \..., Commissioner Vant Hull asked if there is a lack of available water for firefighting in the area. Deputy Fire Chief Dewey Johnson stated that there is no loop in the water line to the area and therefore would be a dead end line. This condition creates a lack of the necessary water pressure for adequate firefighting in the area. He noted that the fire hydrant located on University property near the Fieldhouse produces approximately 1,500 gallons per minute; and the fire hydrant to be placed at the corner of South Eleventh Avenue and Kagy Boulevard I will produce approximately 1,000 gallons per minute. The Deputy Fire Chief noted that the Fire Division has 3-inch fire hoses, which will decrease the gallons per minute available for a potential fire within the Planned Unit Development. According to the chart provided by the Insurance Service Office, each structure would require a capacity of 3,000 gallons per minute to provide adequate fire protection. Commissioner Anderson asked what fire protection the Resurrection Parish and Campus Square Theatres currently have. Deputy Fire Chief Johnson stated that the University fire hydrant could be utilized to protect those structures. Commissioner Anderson asked where the water line for the development would hook into the current water system. Assistant Planner Mike Money stated that all water for domestic and firefighting use would be run through a water line extending from the current water trunk line located along South Sixth Avenue to the development. Commissioner Anderson asked how the water problems in that area of the city will be corrected. City Manager Evans stated that questions about the water lines should be addressed by the Engineering Division. He recommended that all questions concerning potential water improvements in the area be referred to the Engineering Division, for a report to be submit- ted to the Commission. Assistant Planner Mike Money noted that the proposed water improvements include in- I stallation of a 14-inch main from an existing water main, across Graf Street, and then along South Eleventh Avenue. The projected time for installation of that main is one to three years. City Manager Evans stated that he feels this question should also be addressed by the Engineering Division and recommended that the Commission defer action and possibly continue the public hearing until the information is received. Commissioner Vant Hull asked what type of tenants will live in these units and asked if parking will become a problem. Assistant Planner Money stated that the apartment complex is being basically con- structed for college students. He noted that the parking provided by the developer meets the requirements of the Zone Code. Commissioner Vant Hull asked if acquisition of right-of-way to extend Kagy Boulevard from South Eleventh Avenue to South Nineteenth Avenue should be researched. City Manager Evans stated that acquisition of right-of-way has already been reviewed. He also noted that much of the land in question lies within the County, and not inside city limits. Mr. Mike Kirwan, Attorney for the applicants, stated that possible continuation of the public hearing is not in the applicants' best interest. He noted that the housing is targeted toward the college students; and provides an attractive alternative to the housing that cur- rently exists. He noted that with this type of development and its location, the students will usually walk to the campus; and he does not feel that traffic congestion will become a problem. He also noted that the parking does meet the zoning requirements, as the Assistant Planner I has pointed out. Mr. Kirwan also noted that the parcel of land upon which the development is to be located has been annexed to the city for quite some time and has been paying Special Improvement District taxes. He stated that the City is obligated to provide an adequate water supply to the property. Mr. Kirwan stated that each structure wi II contain approxi- mately 4,500 square feet. The units will have one-hour walls between them. He feels that with the fire hydrant located on University property and the four fire hydrants located within 03-21-83 L \3 '-( , I {: \j.' the development, adequate fire protection could be provided. The insurance company has re- viewed the site and the available water, and does not feel that the development would be a high risk. He presented to the Commission a letter from First West, I nc., stating that they would be willing to insure the project. Mr. Kirwan then noted that the City previously approved the development of the Tewage development, across Kagy Boulevard from the site currently under consideration. He I noted that the proposed Tewage development is larger, with the same water supply available. Water for firefighting would be less in the Tewage development because the fire hydrant on University property would not be avai lable. He stated that to deny this application for a Conditional Use Permit on the basis of lack of an adequate water supply would single out this development. Mr. Kirwan stated that the developer has scheduled construction of Phase I of the development to begin on April 1, 1983. He noted that the total cost of the project will be $3.7 million, with the Phase I estimated at $2 million. He further stated that if the project is delayed, the developer would be unable to complete Phase I prior to the beginning the Fall Quarter at the University. Mr. Kirwan stated that he has reviewed the twenty-six conditions recommended by the Zoning Commission. He stated that the developer is willing to develop Kagy to the same stan- dards that are required of the developer of the Tewage Planned Unit Development and feels that those standards of construction should be made clear to everyone. He stated agreement in substance with the other twenty-five conditions as listed. Commissioner Anderson asked if there is an arrangement for use of the fire hydrant located on University property in case of a fire. City Manager Evans stated that the fire hydrant is part of the City's system; and therefore, the Fire Division has access to the hydrant. Commissioner Vant Hull asked if the Fire Division has hoses that would reach from the fire hydrant located on University property to the point of a fire within the development. I Deputy Fire Chief Johnson stated that the Fire Division does have fire hoses. He noted, however, that the hoses are three-inch hoses, and would produce friction loss in the number of gallons per hour that reach the fire. Break - 8:05 - 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. venue, Commissioner Mathre noted that the Fire Division could still fight a fire, but it might take longer to put that fire out. Deputy Fire Chief Dewey Johnson stated that the Fire Division has a certain responsi- bility. He does not feel that a sufficient water supply is available to discharge that respon- sibility. Mr. Craig Roloff, Montana State University, stated that the University would not deny access to the fire hydrant. He did state, however, that the University does not want develop- ments located adjacent to the campus depending on the fire hydrants located on campus to provide water for possible firefighting in those developments. Commissioner Vant Hull asked if it would be possible to have the developer sign a state- I ment that the City would not be held responsible for the best possible firefighting techniques. City Attorney Crumbaker-Smith stated that the City cannot contract away its responsi- bil ities. She noted that the City would be held liable. Mr. Mike Kirwan then presented to the Commission a letter from Mr. David Jarrett, owner of several lots adjacent to the subject site, expressing support of the proposed develop- ment. He also indicated no desire for a fence between the development and his lots, so that the tenants of the apartments would have easy access to the businesses located on Tai Lane, 03-21-83 - if 8 I, just north and west of the site. Mr. Kirwan requested that the Commission approve the applica- tion, subject to the conditions recommended by the Zoning Commission. Mr. Robert Jackson, applicant, stated that each unit is approximately 760 square feet, with one-hour fire walls between units. He noted that the proposed extension of water mains would provide the water needed for domestic and firefighting uses. Mr. Gene Graf noted that for the Commission to deny the request on the basis of fire- fighting ability, the Commission would also have to deny requests for developments on any I other properties with an insufficient water supply for firefighting. Mr. Tim Warner, Theatre Operators, Inc., stated that one of his concerns is parking for the development. He noted that if the developers install a fence along the north side of the development, that should eliminate any problem of tenants and/or visitors parking in the Campus Square Theatre parking lot. He noted support of the proposed development. Mr. Craig Roloff, Montana State University, stated that the University is pleased to see an appl ication for the appropriate use of the property. He noted that the additional units close to campus would be a welcome addition to the housing market in Bozeman. Mr. Roloff did note a concern about parking in the development. He stated that if the developers maintain a self-imposed limit of three students per unit, there will be no parking problems. However, if that limit were exceeded, a problem may be created. He stated that fences along the proper- ty lines by Resurrection Parish and the Campus Square Theatre would eliminate potential prob- lems for them; and the Fieldhouse parking lot is monitored. That would force excess vehicles to park on the street, which would create a very narrow street upon which to travel. Mr. Roloff stated that the requirement for sidewalks along Kagy Boulevard and South Eleventh Avenue is good because it will minimize potential vehicular/pedestrian conflicts. Commissioner Vant Hull noted that the preliminary Master Plan for Montana State Univer- sity includes the closure of a portion of South Eleventh Avenue. She asked if this would affect the development. Mr. Roloff stated that the proposed closure is not immediate. He does not feel that the possible street closure would have any major impact on the traffic flow. I No one was present to speak in opposition to the granting of the Conditional Use Permit. The Commission then discussed whether to continue or close the public hearing. City Manager Evans stated that if the Commission feels it has sufficient information, the public hearing should be closed; and if additional information is needed, the public hearing should be continued. Mr. Jackson stated that the development must be started as soon as possible to take advantage of the good weather. He noted that the units must be completed by September to make the development financially practical. Commissioner Mathre stated that she would like to receive the answers to the questions raised during the public hearing. City Attorney Crumbaker-Smith noted that the public hearing provides an opportunity for people to speak. She noted that staff information can be compiled to answer questions raised during that public hearing after the hearing is closed and prior to the decision. The Commission concurred that the public hearing should be closed. Mayor Stiff closed the public hearing. A decision will be forthcoming next week, pending review of staff reports. Adjournment - 8:55 p.m. There being no further business to come before the Commission at this time, it was moved by Comm iss ioner Va nt Hull, seconded by Comm iss ioner Anderson, that the meeti ng be adjourned. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission 03-21-83