Loading...
HomeMy WebLinkAbout1981-09-02 ,., 009 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 2, 1981 ************************* The Commission of the City of Bozeman met in regular session in the Commission I Room, Municipal Building, September 2,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Stiff. The minutes of the regular meeting of August 26, 1981, were approved as submitted. Mayor MacNab stated that he had appointed Commissioner Mathre and himself to a committee to work on the traffic problems within the city. He stated that he would like to change the appointment because Commissioner Swanson has been working on this project for quite some time. The Mayor then appointed Commissioner Swanson and himself to the committee. Open bids - Sludge I njection Equipment, Nurse Trucks and Service Truck This was the time and place set for opening bids for sludge injection equipment, two nurse trucks and a service truck for the Waste Water Treatment Plant. The affidavit of publication for the "Call for Bids" as advertised was presented. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. The following bids were then opened and read: Item No. 1 Item No. 2 Item No. 3 Item No. 4 Rickel Manufacturing Corporation Salina, Kansas $113,414.00 -- $ 56,416.00 -- Beall, Inc., Billings, Montana -- -- $ 98,470.00 -- AgChem Equipment Co., Inc. Minneapolis, Minnesota $122,180.00 -- $ 69.960.00 -- I daho Norland Corporation Paul, Idaho $143,166.96 $110,194.26 $ 92,967.26 $ 18,957.04 Briden Chevrolet-GMC Valier, Montana - Items 2 and 3 -- $202,215.00 $ 17,216.00 Northwest Peterbilt Co. Billings, Montana -- $125,920.00 -- -- Great Falls Truck Center Great Falls, Montana -- $114,166.00 -- -- Yellowstone Ford Truck Sales Billings, Montana -- $115,600.00 -- -- Kamp Implement Company Belgrade, Montana -- $107,974.00 -- $ 18,945.00 M & W Repair, Inc. Bozeman, Montana -- $109,987.58 -- $ 17,715.34 I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to staff for review and a recommendation to be made on September 16, 1981 . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. 010 Decision - Proposed Amendment to Bozeman City-County Planning Area Subdivision Regulations - Provide for Sediment and Erosion Control Review Requirements This was the time and place set for a decision on the proposed amendment to the Bozeman City-County Planning Area Subdivision Regulations to provide Sediment and Erosion Control Review Requirements. Mike Money, Assistant Planner, reviewed the Planning Staff's recommendation and the I steps which have been followed. The City Manager recommended approval of the proposed amendment. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the proposed amendment to the Bozeman City-County Planning Area Sub- division Regulations to provide for Sediment and Erosion Control Review Requirements, as submitted by the Planning Staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Decision - Proposed Master Plan Amendment Procedures This was the time and place set for a decision on the proposed Master Plan amendment procedu res. Mike Money, Assistant Planner, reviewed the Planning Staff's recommendation and the steps which have been followed. The City Manager recommended approval of the proposed amendment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I Commission approve the proposed Master Plan amendment procedures, as submitted by the Planning Staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Decision - Forest Service - visitation to Bozeman Creek Drainage properties City Manager Evans stated that this matter had been before the Commission at prior meetings and asked that the Commission approve of the visitation to the Bozeman Creek Drainage properties, as scheduled on Friday, September 11, 1981. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve Friday, September 11, 1981, at 8: 30 a. m. as the time set for a visitation to the Bozeman Creek Drainage properties with representatives of the Forest Service. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I Commissioner Vollmer, Commissioner Swanson and Commissioner Mathre indicated that they would be interested in participating in this visitation. City Manager Evans then stated that the Forest Service had provided for eight City personnel to attend, and three management persons desire to attend. This would provide two extra seats; and the City Manager asked if the Commission would prefer to leave those 011 seats vacant or allow City Commission candidates to attend if they choose. The City Manager stated that if they do attend, they will be required to sign a waiver of liability for the City and the U. S. Government. Commissioner Mathre stated that she feels the Forest Service should not have to pro- vide transportation for the City Commission candidates. She then asked if the City would I have to allow private vehicles to go also, or if the visitation could be limited to Forest Ser- vice vehicles. City Attorney Planalp stated that the City can limit any and all activities in the Bozeman Creek watershed. It was moved by Commissioner Stiff, seconded by Commissioner Vollmer, that the visitation to the Bozeman Creek Drainage properties be limited to only the City personnel to whom the Forest Service had initially extended the invitation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Continued public hearing - Gene Graf, Jr. - Zone Map Change - R-4 to B-1 This was the time and place set for a continued public hearing on the request on behalf of Gene Graf, Jr., for a Zone Map Change from R-4 to B-1. The proposed Zone Map Change is requested for a portion of Lot 10 in the Tai Lane Addition. This parcel is located at 1711 South Eleventh Avenue. The Campus Square Theatres are located directly north of I the site and the Resurrection Parish is directly south. Steve Lere, I nterim Planning Director, presented the Planning Staffls report. He a I so stated that the opposition to this request mainly cited the traffic problems, litter and aesthetic value as the reasons for opposition. Mayor MacNab opened the public hearing. Mr. Rick Mayfield, representing the applicant as well as McDonalds Restaurant Corporation, stated that the purchase agreement between Mr. Graf and McDonalds is pending the outcome of this application. Mr. Mayfield stated that he does not feel that the proposal received a fair hearing before the Zoning Commission. Mr. Mayfield stated that the Master Plan has a provision for commercial neighborhood zon ing. Eleventh and Lincoln is such a commercial node according to the Master Plan. Mr. Mayfield covered those points listed in the Lowe Case which he felt were pertinent to this application. Mr. Mayfield stated that the big issue is whether the restaurant will increase or de- crease traffic in the area. He stated that there are a large number of people in the area who would be able to walk to the restaurant. He also stated that the character of the area I is mixed. There are all types of uses within a small area. Mr. Mayfield stated that the land is conducive to the proposed use. Also, facilities are available. Mr. Mayfield stated that the Zoning Commission was concerned about spot zoning. He stated that they did not listen to the Staff Report on the issue. They were confused about the matter. 012- Mr. Mayfield also stated that a McDonald's representative had stated that he would work with the University and Resurrection Parish in the lot design and landscaping. Mr. Jack Dredla, owner of the McDonald's Restaurant, stated that there are two reasons for the request: (1) Zoning Commission has not rendered a fair and impartial hearing and decision; and (2) McDonald's is the only type of building and organization that will serve the needs of all persons in the area. I Mr. Dredla stated that the Resurrection Parish had gathered 476 signatures on a petition opposing the McDonald's Restaurant. He stated that he would be able to get a peti- tion with more signatures on it supporting the restaurant, but he does not feel the necessity to deal in petitions. Mr. Dredla stated that approximately 25 percent of the activity at the McDonald's on West Main is from the area where he proposes to place the second McDonald's. Mr. Dredla stated that one of the questions raised is why he does not place the res- taurant on an empty lot which is presently zoned B-1 in that area. He stated that the price is $50,000 more than the parcel on which he is proposing to locate. He also stated that he had signed a contract with Mr. Graf on June 3, which is binding pending the outcome of this application. Mr. Ted Hoff, employee of McDonald's, stated that this would increase the economic cash flow in the community. It would increase the jobs in the area. He stated that this would be a good way to increase the tax dollars. Mr. Mike Kennedy, Personnel Manager for McDonald's, stated that the decision must I be based on what is good for the community as a whole. Mr. Kennedy stated that a large number of persons he interviews for positions are heads of households. He also stated that the Zoning Commission did not know what they were voting on, so they voted no. Mr. Carl Berger, employee of McDonald's, stated that one of the real questions is, is this type of growth good for the community? He stated that people are looking at a second McDonald's the same way they did the first McDonald's. Mr. GiI Crain stated that he lives eight blocks east of the proposed location. He stated that, as a representative of the area, many of the people in the area would go to the new location rather than the one on West Main. He suggested that the Commission assume that the traffic won't change at all. He stated that the City does have a traffic problem on that side of town, but that is not Jack Dredla's fault. Mr. John Bronken owns land and a radio station in the immediate vicinity. He stated that he would like to see the McDonald's placed at that location. He also noted that he is a tax-paying entity, which some of the others in the area are not. Mr. Don Weaver stated that he would much prefer the short drive from Westridge to the proposed location rather than West Main. He feels that it would not degrade the area I any and would be convenient. Mr. Dave Lockie questioned the decision of the Zoning Commission. He also stated concern about the number of members who were absent when the decision was made. He noted that he is a member of the Evangelical Church, which meets across the street from the 013 present McDonald's. He noted that litter has been no problem. He stated that Bozeman needs to encourage clean business and gain growth and economic stability. Mr. Jim Moore, Attorney, spoke on behalf of the Resurrection Parish. He stated that the only issue is the change of zoning, not the character of the individual or business. He stated concern about the traffic and possible pattern changes. He noted concern about the I pedestrian and vehicle mix, which could create some problems. He also stated concern about the litter and noise which would be created by the drive-up speaker. He stated that the church would prefer not to have noise interfering with the services. Mr. Moore also stated that odor problems cannot be eliminated totally. Mr. Moore stated that the church had been built in an R-4 zone. He stated that they are depending on the governmental unit to maintain the zoning. He stated that one concern should be whether the change would promote the general welfare of the community. Mr. Moore also indicated that he feels that this would create spot zoning. Mr. Moore also stated that he feels it should not be the position of the City Commis- sion to grant zone changes because it would be of benefit to the business. He stated that the business could be placed on another parcel of land within the same area. Father Kelly, Resurrection Parish, asked members of the church and the University present at the City Commission meeting in opposition to this proposed zone map change to please raise their hands. Several persons raised their hands. Father Kelly also referred to the petition which had been signed in opposition to the McDonald's Restaurant. The petition I was not presented to the City Commission. Mr. Paul Uhlrich, member of the Resurrection Parish, stated that the matter is a zoning application. He noted that the issue is a zone map change and not the application or business to be located there. He also stated that it is not necessarily a sign of progress to make a zone change. He noted that this has a piecemeal zoning quality. Mr. Uhlrich noted his concern that the character of the area will change if a B-1 zone is approved. Mr. John Nehring stated that when President Tietz comes to a Zoning Commission meeting, the City should listen to him. He feels that the City should respond and bring the University into the matter. Mr. Craig Roloff, employee of the University and representative of the University Planning Board representing faculty, staff and students, stated that they had met and re- viewed the matter and voted unanimously to oppose the application. He noted that this is a sing Ie tract of land to be rezoned. He also stated that it will be significantly different from the prevailing use. Mr. Roloff noted that there has been a great deal of growth around the University. He stated that more businesses are not needed around the University area. There is a need, however, for more mUlti-family dwellings, which the present zoning would I provide. Mr. Tom Nopper, Director of Administration at the University, stated that the Univ- ersity is in no way anti-McDonald's. He feels that this would open the door to spot zoning , in other areas around the campus. Mr. Nopper noted that the University is not subject to the zoning and planning regulations; but they are concerned about zoning around the campus. 01i He noted that there are 8-1 lands open in the area at the moment. He also stated that the whole area should be changed, rather than one part. Mr. Jack Dredla noted that the drive-in speaker would be placed on the side of the building away from the church. Ms. Kathleen Campbell, member of the Resurrection Parish and employee of MSU, stated that the traffic problem on South Eleventh is a concern. She would like the problem I taken care of before adding to it. Mr. Carl Berger noted that last year over 10,000 students were enrolled at MSU. This year, it will increase to approximately 11,200. He stated that if the R-4 zone is used for multi-fami Iy residences, there could be even more people driving down South Eleventh Avenue. He stated that these are potential problems that no on knows a whole lot about. Mayor MacNab closed the public hearing. A decision will be forthcoming in one week. Continued public hearing - Maurice Klabunde - Zone Map Change - B-2- T to 8-2 This was the time and place set for a continued public hearing on a request on behalf of Maurice Klabunde for a Zone Map Change from 8-2- T to B-2. The proposed Zone Map Change includes three (3) parcels of property which are portions of the Triangle Annexation and known as Certificate of Survey Nos. 178, 178A and 178B. It is located just south of U. S. Highway 191 as it enters the city from the west and is situated south of the Main Mall Shopping Center, the Mountain Bell Telephone warehouse, the Credit Union and Veterinary Clinic. A portion of the requested zone change property also borders on College Street, I which is a designated community arterial which serves the M. S. U. campus and southern portion of the community. The property south of College Street is zoned P. L.I. and is owned by Montana State University. The parcels involved also join an R-O district to the southeast. Mike Money, Assistant Planner, presented the Planning Staff's report. The Planning Staff recommended denial of the request; and the Zoning Commission approved the applica- tion. Mayor MacNab opened the public hearing. Mr. Maurice Klabunde, owner of the property, noted that the Zoning Commission had approved the request. No one was present to speak in opposition to the request. Mayor MacNab closed the public hearing. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the customary one-week interval be waived because no protests were received. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Com- missioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No being Commis- I sioner Stiff. Commissioner Mathre stated that she is not comfortable with removal of the "T" designation because the Planning Staff is not sure of how they feel. She does not feel the "T" designation should be removed at this time. , 015 Commissioner Stiff stated that he wants to address the removal of the "T" designation on a city-wide basis rather than on an individual basis. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Zone Map Change request on behalf of Maurice Klabunde from B-2-T to B-2 on three (3) parcels of property which are portions of the Triangle Annexation I and known as Certificate of Survey Nos. 178, 178A and 178B. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Mathre and Commissioner Stiff. Public hearing - Robert Van Spyk - Zone Map Change - R-4 to R-Q This was the time and place set for a public hearing on a request on behalf of Robert Van Spyk for a Zone Map Change from R-4 to .R-Q. The proposed Zone Map Change is re- quested for Lots 41 and 42, Block E of Tracy's Second Subdivision. This parcel is located at 502 West Lamme, which is at the southwest corner of West Lamme and North Fifth. Steve Lere, I nterim Planning Director, presented the Planning Staff's report. He stated that the Staff had recommended denial, and the Zoning Commission had also voted for denial of the request. Mayor MacNab opened the public hearing. Mrs. Carrie Street stated that she lives in the area. She stated that this area is I surrounded by businesses. She feels the zoning should be changed to B-2 on Lamme from Fifth to Seventh. Commissioner Vollmer asked Steve Lere if the alley is being used as a buffer for the zoning. Steve Lere stated that the alley is used as the boundary between the B-2 and R-4 zoning in the area. Mr. Gordon McMullen, owner of the house at 501 West Lamme, opposes the requested zone map change because it is spot zoning. He stated that it is primarily a residential area with several small children. Mayor MacNab closed the public hearing. The Mayor announced that a decision will be forthcoming next week. Public hearing - Don Weaver - Zone Map Change - RS-l to R-l This was the time and place set for a public hearing on the request on behalf of Don Weaver for a Zone Map Change from RS-l to R-l. The proposed Zone Map Change is requested for a fifteen (15) acre parcel of land located in the northwest quarter of Section 19, I Township 2 South, Range 6 East, M.P.M. The parcel is further described as being located between Thompson's Third Addition and the Valley View Golf Club. Steve Lere, I nterim Planning Director, presented the Planning Staff's report, which recommended approval of the request. The Zoning Commission had voted to deny the Zone Map Change request. 018 Mayor MacNab opened the public hearing. Mr. Don Weaver, petitioner, stated that the people opposed to the zone map change want the 1.7 acres of land located next to the office complex area included in the request. He stated that as it now stands, that area will remain RS-1, which would allow for only one house. He stated that no one in the area is opposed to the R-1 zone, with a Planned Unit Development to increase the density to four units per acre. I Mr. Weaver stated that, in his opinion, commercial development is the worst possible risk in Bozeman at the present time. He stated that he has no intention of expanding his office complex, which seems to be the concern of those opposing the request. Mr. G. C. II Pete II Waite, 2412 Spring Creek Drive, stated that his property is immedi- ately adjacent to the 12-acre parcel of land under consideration. He stated that there had been a difference of opinion when the matter first arose. He stated that they came to an agreement for the area to be zoned R-1 with a Planned Unit Development to allow four family units per acre. He stated that Mr. Weaver had asked for the agreement. He stated that the neighborhood group now supports the request. Mr. Norm Wallin, 2422 Spring Creek Drive, concurred with Mr. Waite. He stated that Mr. Weaver has now fulfilled his obligation, and he is now here to support the request. Mr. Bob Chadwick, 1920 Spring Creek Drive, presented a petition to the Commission opposing the request, signed by the property owners of nine lots along the area in ques- tion. He stated that they don't oppose the concept of the R-1 zone request. They do oppose the fact that the 1.7 acres to the north is left out of the request. He stated that I this is the only way they can have long-range protection. Commissioner Stiff stated that there had been no mention of this area when the matter came up a month ago. He stated that he thought the matter was covered at that time. Commissioner Stiff then asked if there is any park land in this development. Steve Lere stated that the Planned Unit Development regulations require open space. This has been taken care of within the 15 acres. Ed Hanson, 2118 Spring Creek Drive, read a letter from B ill Johnstone opposing the request and presented it to the Commission. He stated that the 1.7 acres should be con- sidered along with the request. Mr. Hanson stated that Mr. Weaver has two buildings in the office complex and the potential for another one. He doesn't want further expansion of the complex. Mrs. Diane Chadwick, 1920 Spring Creek Drive, stated that roads should be planned to the back of the 15 acres before it is developed. Mr. Weaver expressed disappointment with the process of meeting an agreement. He stated that the neighborhood had indicated that it would support his zone map change re- quest. I Mayor MacNab closed the public hearing. The Mayor stated that a decision will be forthcoming in one week. 017 Public hearing - David Osterman - Conditional Use Permit This was the time and place set for a public hearing on the request on behalf of David Osterman for a Conditional Use Permit. This Conditional Use Permit, if granted, would allow three (3) mini-warehouse units containing approximately 5,240 square feet. The site is located on Lot 9 of the Industrial Properties, or more commonly known as 509 Bryant I Street. The property is currently zoned M-1-T, which requires all proposed uses to receive a Conditional Use Permit prior to development. Mike Money, Assistant Planner, presented the Planning Staff's report, which recom- mended conditional approval. The Zoning Commission had also conditionally approved the request. Mayor MacNab opened the public hearing. No one was present to speak, either in support of or opposition to the request. Mayor MacNab closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission waive the customary one-week interval since there were no protests to the re- quest. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. It was then moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request on behalf of David Osterman for a Conditional Use Permit to I place three mini-warehouse units on Lot 9 of the I ndustrial Properties, more commonly known as 509 Bryant Street, with the following conditions: 1. That three (3) copies of the final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission be submitted to the Planning Director for his review and approval prior to issuance of a Building Permit. One (1) signed copy shall be retained by the Planning Department; another will be retained by the Building Department, and the third copy will be returned to the applicant. 2. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as illustrated on the approved final site plan. 3. That the applicant submit a detailed site plan which satisfies and contains those requirements and elements listed in Section 18.72.140 of the Adopted Zoning Regulations to the Planning Staff for review and approval. 4. That the paving and drainage plan be reviewed and approved by the City Engineer. 5. That the front yard or landscaped area be twenty (20) feet in width and that seventy-five percent (75%) of that area contain vegetative material. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; I those voting No, none. Extension of Conditional Use Permit - World Family School - 120 East Story - indefinite extension City Manager Evans presented to the Commission a request for an indefinite extension of the Conditional Use Permit on behalf of the World Family School located at 120 East Story. 018 Steve Lere, Interim Planning Director, stated that on September 3, 1980, a Conditional Use Permit was granted with the following conditions: 1. An area within the East Dickerson Street right-of-way would be gravelled for the purpose of dropping off and picking up children. This would be a more convenient access for parents as opposed to using the alley. In conjunction with this drop-off area, a walkway for year-round use will need to be provided by the applicant extending from the south property line to the school building. I 2. The alley providing access to South Black Avenue will be used primarily by employees of the school and occasionally by a parent visiting the school. Two (2) parking stalls will need to be provided. 3. The recently installed posts and landscaping in the extension of South Bozeman Avenue will be removed and the traffic route restored to its previous condition. Also, the school at this address was to be limited to not over twelve students. Steve Lere stated that conditions have been met except the sidewalk for year-round use. Also, the landscaping and fencing requirements as outlined in the staff report of July 22, 1980 have not been met. These requirements addendum dated August 26, 1980, have been given eighteen months in which to be completed, with a review period after twelve months. Therefore, not all of the requi rements have been met. Mrs. Carol Dietrich, petitioner, stated that the sidewalk had originally been planned as wood chips contained by boards. She stated that they have since decided on rocks and larger boards. She stated that they also plan to start the fence next week. She stated that they have had a very good year. She stated that the paving and other improvements have been most effect ive. Commissioner Mathre asked if she is using both structures. I Mrs. Dietrich stated that they are using both structures because some of the young children arrive before 8:00 a.m. She stated that she would like to keep both structures open. Mrs. Diedra Richardson stated that she has a 2!-year old who attends the school. She feels that it is a beneficial school for small children. Mr. Jim Fraker, next door neighbor, feels that Mrs. Dietrich is a good neighbor. He stated that the children are well behaved and well taken care of. Mrs. Barbara Edsall, 130 East Story, stated that the only time Mrs. Dietrich maintains the property is when the neighbors complain. She stated that the parking lot on Dickerson is just a bunch of weeds. Along the fence, there are also a lot of weeds. S he stated that the children are not brought through the Dickerson property, as they were to be. She stated that private music students are coming and going all day long, too. Mr. Rudy Dietrich, 120 East Story, stated that the neighbors have not complained about the cars. Mrs. Diedra Richardson stated that she feels the good offered to the community by I Mrs. Dietrich is important. She feels that weeds and parking problems should not be weighed against the benefits of the community. She stated that the hot meals and homemade bread which Mrs. Dietrich feeds the children is also very important. 019 Mrs. Jan Bosch stated that the school offers something not to be found in other day care centers. She stated that the child's welfare and happiness are more important than a yard. City Manager Evans recommended that the Conditional Use Permit be extended for a one-year period, with the provision that the sidewalk and fence be constructed as in the I original CUP. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission extend the Conditional Use Permit for the World Family School located at 120 East Story, for a period of one year, subject to review after a period of one year and the con- ditions provided for in the original Conditional Use Permit being completed within the eighteen-month period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Commission Resolution No. 2346 - Bozeman signs on interstate City Manager Evans presented Commission Resolution No. 2346, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2346 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXPRESSING SUPPORT OF THE BOZEMAN CHAMBER OF COM- MERCE REQUEST TO HAVE MORE "BOZEMAN" SIGNS PLACED ON 1-90 BETWEEN B I LlI NGS AND BOZEMAN. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2346, expressing support of the Bozeman Chamber of Commerce request to have more "Bozeman" signs placed on 1-90 between Billings and Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Discussion and possible decision - Economic Growth Policy - (Commission's desires as to wording; resulting from Chamber of Commerce proposal) The City Manager stated that he feels that more depth should be given to the economic growth policy than is provided in the Chamber of Commerce statement. Commissioner Mathre suggested that the economic growth policy should be tied into the new Master Plan. Commissioner Stiff stated that he feels the City needs to get something more pointed and has more weight. Mayor MacNab requested that the matter be placed on the agenda again when there I are not so many items being considered. Request - Frank K. Calvin - variance to City Engineer's interpretation of the Code re curb cuts - City Manager Evans presented a request on behalf of Mr. Frank K. Calvin for a vari- ance to the City Engineer's interpretation of the Code concerning curb cuts. Mr. Calvin n?r1 ~..... '." seeks two curb cuts for one residence, one to be from South Sixteenth and the other from Beall Street. Mr. Calvin was present and stated that he would answer any questions the Commission may have concerning his request. City Manager Evans recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I Commission approve the request on behalf of Mr. Frank K. Calvin for a variance to the City Engineer's interpretation of the Code concerning curb cuts, and that he be allowed two curb cuts for a single-family residence. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Audit Committee report and recommendation Commissioner Stiff stated that he and Gil Crain had spoken with Nick Gray, from the Spokane office of Coopers and Lybrand. The charges proposed for this year are increased from last year, partly due to inflation and the factor used in the initial year to absorb set-up costs for the audit. The range listed for this year's audit of the Water and Sewer Utility Funds is $18,500 to $21,000 plus out-of-pocket expenses, not to exceed $3,500. Mr. Gil Crain, member of the Audit Committee, stated that his first impression was that it was a high amount. He feels, however, if the City can get a clean audit on a timely basis, it has to help the bond rating. He stated that the firm is dedicated and want to get I here and begin the audit. He said that next year the City can negotiate better on the full audit. Director of Finance Amy Swan stated that Coopers and Lybrand may move up their projected October 1 date because the senior member on the audit last year is no longer with the firm. Gil Crain stated that the idea was to get a big name to go on the bond sales. He stated that the City is not in a position to go out on the street now to try to find an auditor for this year. Commissioner Stiff noted that the City never needed a "Big B" name on an audit the way it does right now. City Manager Evans noted that the City is working in a tight time frame at the present. He recommended hiring Coopers and Lybrand for this year's Water and Sewer Utility audit, but the City may have to consider the engagement of an auditor in total before next yea r . The City Manager also noted that he feels the Audit Committee should chose the auditor. This provides a system of checks and balances, since the auditors basically audit the City Manager's work. I City Attorney Planalp recommended a contract for the maximum amount be prepared so that the City is not faced with a cost overrun again like it was last year. City Manager Evans stated that he would pursue the idea of a contract. He recom- mended acceptance of the report and engagement of Coopers and Lybrand for this year's audit of the Water and Sewer Utility funds, and that a contract be requested. 021 I t was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission accept the report of the Audit Committee; and that Coopers and Lybrand be engaged to complete the audit of the Water and Sewer Utility Funds this year, with a con- tract for the maximum amount listed in the proposal, of $21,000 plus out-of-pocket expenses not to exceed $3,500. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Public hearing - Planning Staff - Zone Code Amendment This was the time and place set for the public hearing on the request on behalf of the Planning Staff for a Zone Code Amendment to allow apartments to be a permitted use in the B-3, Central Business District. Mike Money presented the Planning Staff's report. He stated that the Planning Staff had recommended approval of the Zone Code Amendment, and the Zoning Commission had ap- proved the request. Mayor MacNab opened the public hearing. Roger Craft, Chairman of the Zoning Commission, stated that this Zone Code Amend- ment had been initiated by former Planning Director Paul Bolton, who felt that this matter should be dealt with on a district-wide basis rather than on an individual basis. Mr. Craft stated that he endorsed the Zone Code Amendment as it is presented. I Assistant City Manager Barrick stated that former City Engineer "Buck" Fargo had prepared such a proposal in the latter part of 1973, which was not acted on at that time. Mr. John Nehring stated that he supports the enlightened Zone Code Amendment and stated that several more should be considered and adopted. No one was present to speak in opposition to the Zone Code Amendment. Mayor MacNab closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Mathre that the customary one-week interval be waived because no protests were received. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request on behalf of the Planning Staff for a Zone Code Amend- ment to allow apartments to be a permitted use in the B-3, Central Business District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; I those voting No, none. Ordinance No. 1080 - Establishing Sewer Rates Ordinance No. 1082 - Amending Section 10.19.030 Ordinance No. 1083 - Amending Sections 10.16.140 and 10.16.150 City Manager Evans presented Ordinance No. 1080, as prepared by the City Engineer, entitled: 02? ORD I NANCE NO. 1080 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR SEWER CHARGES FOR THE CITY OF BOZEMAN. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Ordinance No. 1080, establishing rates for sewer charges for the City of I Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. The City Manager then presented Ordinance No. 1082, as prepared by the City At- torney, entitled: ORDINANCE NO. 1082 AN ORDINANCE AMENDING ORDINANCE 10.19.030 PROVIDING FOR A SCHEDULE FOR SPECIAL WASTE ALLOWANCES. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt Ordinance No. 1082, amending Ordinance 10.19.030, providing for a schedule for special waste allowances. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. City Manager Evans then presented Ordinance No. 1083, as prepared by the City At- torney, entitled: I ORDINANCE NO. 1083 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 10.16.104 AND 10.16.150 REDUCING THE DISCHARGE LIMITS FOR BIOCHEMICAL OXYGEN DEMAND AND SUSPENDED SOLIDS. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Ordinance No. 1083, amending Sections 10.16.140 and 10.16.150, reducing the discharge limits for biochemical oxygen demand and suspended solids. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Commission Resolution No. 2347 - Centennial Fund City Manager Evans presented Commission Resolution No. 2347, entitled: COMMISSION RESOLUTION NO. 2347 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO I ESTABLISH A 1983 CENTENNIAL TRUST FUND FOR THE PURPOSE OF RE- CEIVING MONIES AND AUTHORIZING EXPENDITURES IN CONNECTION WITH THE CENTENNIAL CELEBRATION OF THE CITY OF BOZEMAN IN 1983. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve Commission Resolution No. 2347, declaring the intention of the City of Bozeman to establish a 1983 Centennial Trust Fund. The motion carried by the following 023 Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Commission Resolution No. 2348 - Intent to create SID No. 639 - water, sanitary sewer and . - roadwa between Waddell's and Midland Truckin (North Rouse) - Joe and Dan pavln e ena I City Manager Evans presented Commission Resolution No. 2348, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2348 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 639 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN, SANITARY SEWER WYES AND APPURTENANCES AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES TO PLATINUM STREET, FIFTEEN (15) SANITARY SEWER WYES IN THE SAME AREA, AND SERVICES STUBS TO THE PROPERTY LINES, AND PAVING WITH AN ASPHALT CON- CRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, SANITARY SEWER WYES AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER WYES, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve Commission Resolution No. 2348, declaring the intention to create Special I I mprovement District No. 639, for water, sanitary sewer and paving along a roadway between Waddell's and Midland Trucking, located on North Rouse Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Discussion - assessment on lighting districts City Manager Evans stated that at the recent legislative session, cities were autho- rized to decrease the 25 percent participation from the General Fund and 75 percent par- ticipation by the property owners in lighting districts, to any limit that the Commission would desire to assess those districts. The City Manager recommended that the City in- crease the property owners' participation to 87-l percent for this year, and then raise it to 100 percent participation by the property owners for the next year. Director of Finance Amy Swan stated that the change must be made through legal channels. She stated that many assessments during the past years have been incorrect and need to be corrected before the assessments are mailed out in October. She also stated that I she does not feel that an 87l percent assessment would be too harsh because of the low assessments in the past. Mayor MacNab requested that the City Manager pursue this matter further and bring it back to the Commission for further action. 021.j Decision - Reconsideration of City Judge's salary City Manager Evans stated that the City Judge had authorized him to remove this request if it would create an embarassment to the Commission or if it was to become a political issue. Commissioner Mathre stated that she is not in favor of increasing the salary now. She stated that it might be possible to review the matter again in six months. I Mayor MacNab stated that the matter could be reviewed to see if the time devoted to the job increases. Until that time, the salary should remain as it is. Commissioner Stiff noted that the number of tickets has dropped in the last year. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission leave the City Judge's salary at $13, 200/year, as was set in the Salary Ordi- nance, and that the matter be reviewed later in the year. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. City Manager's recommendation - concerning use of Old Library Building City Manager Evans stated that his recommendation is to use the Old Library Building for City offices. He stated that the City needs expansion to provide more suitable work areas for the people we have. He stated that the proposal includes relocating three present departments: Planning, Engineering and Building Inspection. He stated that he has talked with all three departments, and they have no objections to the move. I The building would need to be remodeled. The major item is a new heating system. This is the last year that the City will be able to get fire insurance on the building until a new heating system is installed. Also, partitions need to be constructed, the ceiling lowered to increase efficiency, additional insulation, etc., so that the building is more useable. The City Manager also proposed that a small vault be built for fire purposes. He stated that a conference area would also be provided on the first floor. The City Manager stated that the average cost would be $1.64 per square foot per year for renovation and $1.50 per square foot per year for heat, lights and custodial ser- vices for this proposed use, or a total of $3.14 per square foot per year. These figures are based on a ten-year amortization period. This compares with lease prices of $6.50 to $9.00 per square foot for Main Street property. The City Manager proposed the following funds for renovation: remainder of the Library Bond Issue is $116,250 plus interest. Approximately $30,000.00 of this money is being used to move the old shop buildings from the site by the New Public Library to the old Sewage Treatment Plant site. This leaves a remainder of $85,000.00, which could be utilized for renovation of the Old Library Building for office space for the City offices. I The City Manager also requested that the City Commission authorize the engagement of an architect to begin plans for the renovation of the Old Library Building for offices. Commissioner Stiff asked if a budget amendment would be necessary to carry the maintenance costs after the renovation is completed. 025 City Manager Evans stated that the maintenance costs are presently in the budget. Commissioner Mathre asked the City Manager if he had considered moving the City Commission to the New Library. The City Manager stated that he had the feeling that the City Commission did not desi re to move. Also, the space must be maintained at the City Hall for City Court, so no I room would be gained by the move. The City Manager stated that John DeHaas has agreed to work with the architect on plans for renovation of the Old Library Building. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission accept and approve the City Manager's recommendation and proceed with the renovation of the Old Library for use as offices for the City, and that the City Manager recommend an architect for the plans for renovation to the Commission. The motion carried by the Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Request - United Way - Permission to hold kickoff for campaign - September 12, 1981 City Manager Evans presented to the Commission a request on behalf of United Way for permission to hold a kickoff for the campaign promotion, to be held on Saturday, Sep- tember 12, 1981. The City Manager recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I Commission approve the request on behalf of United Way for permission to conduct a cam- paign kickoff promotion to be conducted on Saturday, September 12, 1981. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Request - Joe Sabol - withdrawal of Waiver of Protest of Annexation for Valley Unit No. 2 Mobile Home Subdivision City Manager Evans presented to the Commission a request on behalf of Joe Sabol to withdraw the Waiver of Protest of Annexation for Valley Unit No. 2 Mobile Home Subdivision. The City Manager recommended denial of the request. Commissioner Stiff stated that he feels it should not be returned. The decisions made by the City Commission were based, in part, on this Waiver. The City Attorney stated that he is not sure that the City can legally return the Waiver of Protest of Annexation. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission deny the request of Mr. Joe Sabol for withdrawal of the Waiver of Protest of I Annexation for the Valley Unit No 2 Mobile Home Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. 02p. Petition to create SID - water main - Bridger Center Subdivision City Manager Evans presented to the Commission a petition for creation of a Special Improvement District for installation of a water main in the Bridger Center Subdivision. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission acknowledge the petition for creation of a Special Improvement District for in- stallation of a water main in the Bridger Center Subdivision, and that the matter be referred I to Staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorize Mayor to sign - 3 requests for reimbursement from EPA - WWTP - $8,135 and $345,058; Sanitary sewer - $25,730 City Manager Evans requested the Commission to authorize the Mayor to sign three requests for reimbursement from EPA for the construction of the new Waste Water Treatment Plant and the sanitary sewer improvements. These requests are in the amount of $8,135.00 and $345,058.00 for the Waste Water Treatment Plant and $25,730.00 for the sanitary sewer improvements. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the . Commission authorize the ""ayor to sign the three requests for reimbursement from EPA for the Waste Water Treatment~ project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. I Permission to attend - Montana Investment Conference - Billin s, Montana - September 21, 1981 - ommlSSloner tl City Manager Evans presented to the Commission a request for permission for Commis- sioner Stiff to attend a Montana I nvestment Conference to be held in Billings on September 21,1981. Cost is $20.00 for registration and one night's lodging. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the attendance of Commissioner Stiff at the Montana I nvestment Con- ference to be held in Billings on September 21, 1981 and, it being in the public interest, the expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Application for beer license - Montana Bank Classic V Run - 237 West Main - September 26, 1981 - City Manager Evans presented to the Commission an application for a beer license on behalf of the Montana Bank Classic V Run, to be held on September 26, 1981. The beer is I to be served at the Montana Bank. The City Manager recommended approval. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for a beer license on behalf of the Montana Bank Classic V Run, to be held on September 26, 1981. The motion carried by the following Aye and No 027 vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swan- son, Commissioner Mathre and Mayor MacNab; those voting No, none. or not to pa re istration fees for spouses attending the Montana onventlOn I City Manager Evans stated that he had reviewed the registration forms submitted for the League of Cities Convention, and four spouses would be attending. He stated that the cost is $40 each, for a total of $160. The City of Bozeman has historically paid these fees. He recommended that the City continue to pay these fees. Commissioner Stiff stated that he feels that it is in the City's best interests for the spouses to attend, and that the City should pay the expenses. Commissioner Swanson stated that he feels it is important for the spouses to attend the Convention. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission pay for the registration fees and lodging for spouses attending the Montana League of Cities and Towns Convention. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No being Commissioner Mathre. 1980 throu h June 1981, calendar year I City Manager Evans stated that the monthly reports for July 1980 through June 1981, calendar year 1980 and fiscal year 1981 for the Police Court appeared to be in order and recommended that they be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission acknowledge the reports of the Police Court for the months of July 1980 through June 1981, calendar year 1980 and fiscal year 1981 and that they be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Adjournment - 7:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission