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HomeMy WebLinkAbout1981-10-14 flSl; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 14, 1981 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 14,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner I 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 Vollmer. The minutes of the regular meeting of October 7, 1981 were approved as corrected. Open bids - Sludge I njection Equipment - Waste Water Treatment Plant This was the time and place set for opening bids for Sludge I njection Equipment for the Waste Water Treatment Plant. The affidavit of publication for the "Call for Bids" as advertised was presented. 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: I Ag-Chem Equipment Company, Inc., Minneapolis, Minnesota 1 (e) $116,890.00 Rickel Manufacturing Corporation Sal ina, Kansas 1(b) $114,977.00 I daho Norland Corporation 1 (a) $140,166.96 Paul, Idaho 1 (b) $140,166.96 1 (c) $139,166.96 1(d) $136,643.16 1 (e) $134,843.16 1 (f) $135,643.16 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 in one week. 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. Status report - negotiated bond sale - SID No. 633 - $158,000.00 Director of Finance Amy Swan stated that the initial amount of the bond sale for Special Improvement District No. 633, for sanitary sewer, storm sewer, water and paving in the West Main Business Plaza, was set at $158,000.00. Based on the City Engineer's recommendation I made after bids for construction were received, the amount of the bond sale was lowered to $140,000.00. The Director of Finance stated that she has tried for the past two months to sell these bonds on a negotiated basis. No interest has been shown, except by D. A. Davidson, who has recently stated that they wi II not purchase the bonds. 095 Director of Finance Amy Swan stated that, based on the fact that investment interest is dropping and the interest rate of the bonds is rising so that the interest rate being paid out is almost surpassing the interest rate being received on investments, she would recommend not trying any further to sell the bonds for Special Improvement District No. 633. Mayor MacNab stated that this item would affect Item No.4 (below) and would kill the I district. City Manager Evans recommended that, rather than kill the Special Improvement Dis- trict, it be placed on Ilhold" until such time as the bonds can be sold and bids for construc- tion can be let. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the negotiated bond sale for Special Improvement District No. 633, for sanitary sewer, storm sewer, water and paving in the West Main Business Plaza, be placed in a "holdll status until such time as the bonds can be sold and the construction bids awarded, and that any and all bids received on this project be rejected. 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. Open bids - SID No. 633 - sanitary sewer, storm sewer, water and paving - West Main Business Plaza This was the time and place set for opening bids for Special Improvement District No. 633, for sanitary sewer, storm sewer, water and paving in the West Main Business Plaza. I The affidavit of publication for the "Call for Bidsll as advertised was presented. The Mayor stated that no bids had been received. The bid opening for Special Improvement District No. 633 was also placed in a "hold" status in the motion made on the negotiated bond sale for this district (above). (Developer: Gene Cook, et. a . - area sout venue intersection This was the time and place set for a decision on the Prel iminary Subdivision Plat Re- view for Tewage Subdivision. This proposed subdivision contains 14.6 acres and is located west of South Eleventh Avenue, next to the Stadium at M. S. U. and south of the unimproved portion of Kagy Bou leva rd. City Manager Evans stated that this matter had been before the City Commission at a prior time and had been tabled because of concerns expressed by the University regarding the traffic situation on South Eleventh Avenue. The City Manager suggested that the Commission consider the safety factors involved with traffic and the ability to get emergency vehicles into the subdivision because of its close proximity to the M. S. U. Stadium. I Commissioner Mathre stated that she would like to see the subdivision approved, but with some additional conditions regarding the access. Commissioner Vollmer stated that he would encourage the extension of South Eleventh south to Graf extended, and the extension of South Seventh south to South Third. Commissioner Stiff stated that he feels approval of the Tewage Subdivision at this time aGe:: ',". ...."J \_,' would be out of step. He stated that the City has not resolved the problem of traffic flow with Summit Engineering. The developer has stated that the development would not be completed for several years, so the Commissioner suggested that the matter be tabled and come back when the problems have been addressed. Commissioner Stiff also recommended that an impact fee arrangement be reached prior to the approval of this subdivision. Commissioner Swanson stated that, historically, nothing is done about streets until they I are so congested that the local government must do something. He stated that city govern- ments seem to be putting out fires instead of planning ahead. He further stated that approval of this subdivision may be the means of forcing the issue. Commissioner Stiff stated that studies are now being completed which will hopefully give a better direction on the flow of traffic and development of certain areas. Commissioner Vollmer stated that studies have been done through several Mayors and University Presidents. He further stated that nobody bui Ids roads to nowhere. If a road is needed between two points, it is built. He further stated that the University wi II have to work with the City on the level. He stated that if the development and traffic are present, something will have to be done with the roads. Commissioner Mathre stated that she feels the University will be more cooperative on the extension of South Eleventh south if Kagy is extended from South Eleventh to South Ninteeenth. Mayor MacNab asked the City Attorney once again, if condemnation proceedings are started, does it mean that the roadway has to be entirely paved. City Attorney Planalp stated that the character of the improvement is considered by the I Court in determining if the City needs the land. He stated that the improvements suggested to the Court may be less than full paving. The City Attorney further stated that, within the boundaries of the real estate owned by the developer, the City can requi re several things, including impact fees. However, he noted hesitation on conditional approval of the plat is conditioned by terms that the developer cannot meet, but that the City can. He stated that such conditions could create potential problems. Commissioner Mathre stated that she feels the condition recommended by the Plan ning Staff regarding the obtaining of street right-of-way from the University should be dropped. City Engineer Van1t Hul stated that he sees no problem with the road being constructed on the 45-foot right-of-way which is located on the Tewage Subdivision property. He further stated that emergency traffic would not be held up for a very long period at any time, even during traffic leaving the Stadium area. He stated that, with the traffic control methods used, it would take a very short time to clear one lane for an emergency vehicle. Commissioner Swanson noted that the impact of the traffic in the area would be over a period of time, not all at once. Commissioner Stiff stated that he feels this proposed development would trigger the I extension of Kagy from South Eleventh to South Nineteenth. He asked what method the City would have of assessing an impact fee on the developer, or if the developer would not be required to bear any of the costs involved in this extension. Commissioner Swanson stated that the University may be forced to look at the needs of 097 the community as a whole more. He stated that they will not address the issue until it is necessary. Commissioner Vollmer noted that most of the development would probably be University oriented. He does not believe that the vehicle traffic wi" increase very drastically because of the close proximity to the campus. I Commissioner Swanson asked what off-site improvements the developer is proposing. City Engineer Van't Hul stated that the developer is willing to pave that part of Kagy that is located along his property, as well as South Eleventh along his property to aid in the ing ress and eg ress. He stated that the road would be the same as what the University has done from South Third to South Eleventh. He further stated that Kagy from South Eleventh to South Nineteenth will be built with Federal Urban Aid monies. This project is listed as Priority No.3, which is scheduled for construction in 1992. Commissioner Stiff asked if the City can wait that long and guess on the development of Kagy. City Engineer Van't Hul noted that if the street is needed before that time, it can find the monies locally, or possibly through other sources. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission approve the Preliminary Subdivision Plat for the Tewage Subdivision, located west of South Eleventh Avenue, next to the Stadium at M. S. U. and south of the unimproved portion of Kagy Boulevard, subject to the conditions recommended by the Planning Staff with changes I in Item 2(c)b from "Final Plat approval subject to.....1l to add the words "prior to construc- tion on the site" and the elimination of Item 2(c)c. The conditions are established as follows: 2. (c) a. Park dedication per Community Recreation Board1s recommendation. b. Final Plat approval subject to construction of the proposed twelve (12) inch water main in South Eleventh Avenue's alignment as part of the City of Bozeman's water supply improvement program being completed prior to construction on the site. d. Storm sewer system designed to reduce downstream impacts as part of Special Improvement District's engineering plans. e. Modify Prel iminary Plat received January 7, 1981 to include South Thirteenth Avenue right-of-way. f. Specific utility easements have been requested by Mountain Bell and Montana Power Company. These easements need to be placed on the Final Plat prior to approval. g. Identify on the Final Plat the adjacent wester property's legal description h. Encroachment permits from the City Engineer will be necessary due to street and utilify construction within the existing right-of-ways. i. 1 ) A Subdivision Improvement Agreement is needed prior to Final Plat approval. 2) Provisions for installation and maintenance of the planting screen easement is needed. The security guarantee for planting screen improvements shall not be included in Special Improvement District I costs, but shall be another method found in the subdivision regu- lations. The amount of funds specified in the Improvements Agreement shall be based upon two bids from licensed nursery firms specifying the purchase and installation costs of all landscaping materials and irrigation systems. The amount of funds specified in the Agreement shall be the average of the two bids plus twenty-five percent (25%) of the average to cover inflation and management costs. 098 3) Also, specifications for street improvements to Kagy Boulevard and South Eleventh Avenue wi II be needed. j . The Certificate of Dedication needs to be revised to include dedication statement, reference to "City of Bozeman" and other items as found in the subdivision regulations. k. The Consent of Mortgagee's statement needs to refer to parks. I. The Certificate of Planning Director statement needs to revise Gallatin I County reference to Bozeman Area Subdivision Regulations. m. The Certificate of Director of Public Service statement needs to revise City Manager reference to Director of Public Service. Place II Director of Public Service" under name at signature line. n. Review fire hydrant locations per Fire Chief's recommendation and in- corporate into Special I mprovement District's plans. Commissioner Swanson stated that the City is getting a portion of the road extended voluntarily that the City has been wanting to get done for a long time. Commissioner Stiff stated that he would like to deal with the University without forcing them to cooperate with the City. Commissioner Swanson stated that the University has rules and regulations which they must follow. After a change is required, they will address the matter in a different manner. It was then moved by Commissioner Mathre, seconded by Commissioner Stiff, that the decision on the Preliminary Subdivision Plat for the Tewage Subdivision, be tabled. The motion fai led by the following Aye and No vote: those voting Aye being Commissioner Mathre and Commissioner Stiff; those voting No being Commissioner Vollmer, Commissioner Swanson and Mayor MacNab. The original motion then carried by the following Aye and No vote: those voting Aye I being Commissioner Swanson, Commissioner Vollmer, Commissioner Mathre and Mayor MacNab; those voting No being Commissioner Stiff. Discussion - Acquisition and occupancy of property at 1022 South Fifth Avenue for a Battered Women's Shelter City Manager Evans stated that a discussion had been conducted last week concerning the acquisition and occupancy of the property located at 1022 South Fifth Avenue for a Battered Women's Network shelter. He stated that, since last week's discussion, Mr. Dick Thorson has been engaged to review the City's actions and submit a report on his findings. The City Manager presented a brief resume on Mr. Thorson, which includes being the Community Development Director for the City of Di lion and being on a panel of ten representatives in Washington, D.C., which review the program's success and failure. Mr. Dick Thorson presented his report on his findings after reviewing the City's records regarding the acquisition of a site for the Battered Women's Network shelter. Mr. Thorson covered three areas in his report: 1. The City's records are adequate and in compliance with the federal regulations. I 2. The assessments dealt almost to the letter of the complaints made by the residents of the area. He doesn't see a problem with lowered property values in the area. 3. The nature of the request is not necessarily suitable for federal funds. Mr. Thorson stated that confidentiality and federal grants are not always compatible. He stated that the City's attempt for confidentiality was done in good faith. This places the City Commission in a bad position. 099 Mr. Thorson further stated that the City Commission has received citizen input on the proposal, but the final decision on this matter remains with the City Commission. Mrs. Patricia Crowle, 1016 South Fifth Avenue, stated that they were not aware of the public hearing held last week. She stated that at the times the City held its two required public hearings, a specific site was not known. She further stated that the City could hold I two more public hearings after the specific location was determined, except for the confiden- tiality of the project. Mrs. Barbara Agocs stated that the hearings were for filing of the amendment for the Battered Women's Shelter and for Reach, Inc. Mr. Thorson stated that it is unfortunate that the people involved were not told from the outset that it must be entirely open and public. He stated that the attempts to keep information confidential and yet follow the federal guidelines don't mix. Mrs. Patricia Crowle, 1016 South Fifth Avenue, stated that their home is the closest one to the proposed shelter. She stated that they have talked with several of the members of the Battered Women's Network recently. She stated that it would be entirely appropriate and compatible with the area: the maximum density of people would be compatible; no public meetings will be held there; no advertising would be done; live-in caretakers; nighttime dis- turbances are at a minimum. The plan is for a quiet, calm living atmosphere for people who need it. The neighbors are concerned that maybe it won't stay that way. She suggested that the City set up a trial period for two years and, at that time, if damage does occur, or I disturbances take place, the matter could return to the City Commission for a review. Mrs. Crowle feels there should be an opportunity for the neighbors to return to the City Commission if the shelter does not operate as it is proposed. Mr. Roy Johnson, 1116 South Fifth Avenue, stated that he has reservations regarding (1) the legal requirements; (2) severe parking problems in the area; and (3) increased security problems in the area. Mr. Johnson stated that this area is a buffer zone immediately adjacent to the University and has several sororities and fraternities. He stated that the area is not a calm and quiet neighborhood. Mr. Johnson is in favor of having a shelter, but feels it should be in an area where the density of population is low. Mr. Jack Hutchison, 504 West Arthur, asked if the City wants to be a custodian of a rooming house in an area that already has too many rooming houses. Mr. Richard Roeder, 411 West Arthur, feels that the Commission has the responsibility of being aware of the experiences of such shelters. He stated that the Commission ought to know to what it is committing itself. He stated that no matter where the shelter is located, the City Commission should check out the social and economic impact. Also, the City Com- mission should consider the long-range costs to the City. He feels that it would be a grave I injustice if the neighbors have to pay those costs. Mr. Jim Johnstone, Attorney retained by the City regarding the purchase of properties for Reach, I nc., and the Battered Women IS Network, stated that he has attempted to submit agreements which will hopefUlly give the City a period of time to look at the problems and the controversies. He stated that the agreements provide for a three-year period in which the 1nn ... Ul._' City would essentially be leasing the property to the Battered Women's Network. The matter will then return, and the City Commission will determine the financial stability of the Network and whether or not they have the ability to maintain and operate the shelter. Also, It would provide a time for review and the drafting of a possible strict compliance schedule for the use of the property. He feels there are adequate mechanisms so that the property is used as is proposed. Mr. Johnstone stated that it is important to note that, at this point, the City I does not intend to deed the property to the Battered Women's Network or to Reach, Inc. If, after a period of time it is deemed that the organizations are functioning properly, the City would grant a conditional deed to the Battered Women's Network and to Reach, Inc., and make the transfer conditional on using the property as proposed. The process involved wi II be done in two steps. Mr. Richard Crowle, 1016 South Fifth Avenue, stated that, if the Battered Women's Network does not live up to the expectations of being quiet and maintaining the atmosphere of the neighborhood, neighbors wi II complain, which will then lose the secrecy of the location of the shelter. Mr. Bob Taylor, 1113 South Fifth Avenue, stated that he has met with the Battered Women's Network. He feels the City should look at the Network's budget and see if they can provide for the maintenance of the shelter and any security which is required. Ms. Jan Strout, Board of Directors for the Battered Women's Network, stated that she has prepared an information packet, which has been distributed to the Commissioners for their review. She also stated that she would answer any questions that may arise. I Mr. Dick Thorson stated that the City has met all of the obligations for federal require- ments. He feels that to hold hearings for the specific site now would be too late. Commissioner Mathre suggested having a meeting at the house at 1022 South Fifth Avenue to show how it would be set up and answer questions. Ms. Jan Strout stated that several people had attended a neighborhood meeting. She stated that some appeared to be too busy to attend the meeting. Ms. Strout asked what it would accomplish as far as the City Commission is concerned to hold another meeting. Commissioner Mathre stated that there appears to be a lack of communication on the part of the City, a lack of communication on the part of the Battered Women's Network, and a lack of communication among the neighbors. She does not feel that it is necessary to hold another meeting. Commissioner Vollmer noted that, with all of the houses that are for sale, it is hard to visualize that only one house seems to meet the needs. Commissioner Swanson noted that some of the houses on the market are not really for sale. He also stated that not all of the houses meet all of the needs of a particular family or organization. I Mayor MacNab stated that, if the money were not coming through federal funds, the zoning in that neighborhood is such that they could have bought the property without any hearings whatsoever, as a permitted use within the district. Commissioner Swanson noted that he hasn't heard any neighbors express a desire to have another hearing. 101 Mr. Hutchison stated that the City cannot reach all of the neighbors by holding the discussions during the regular Commission meeting, and suggested that a special meeting be held in the evening so that everyone interested could attend. Commissioner Swanson asked if anything new would be stated. He stated that, if the Commission has heard it all, it must base the decision on what has been heard. I Mayor MacNab stated that the Battered Women's Network shelter is a permitted use within the zone. The City has approved the money for this purpose. He suggested that the City hold an evening meeting and, if necessary, schedule a visitation to the proposed site. Commissioner Vollmer asked if the neighbors would be receptive to a trial period and if the conditions are not met, the shelter would be closed. Mr. Crowle stated that, if it does not work out, the house could be sold as a duplex. He stated the neighborhood must be careful that there are not too many complaints. He further stated that a four-plex could be placed on that same lot. City Attorney Planalp asked how long the option is open on the property. Mr. Hutchison stated that the neighbors have had an opportunity to present their views. He does not feel that it is fair to the Battered Women's Network to continue the matter for another ten days or two weeks so that another hearing can be held. He would like to see a decision made. Mr. Crowle stated that he agrees. I f the neighbors have not heard about the proposed use of the property or have not commented on the matter, they don't care to. I Mr. Ray Atteberry, Associate Broker at ERA Landmark, stated that the closing date is set for October 10, 1981, with a thirty-day extension for receipt of the money. He stated that the owner of the property is out of state and is attempting to purchase another piece of property. There is a hardship on that case because of the fact that only $500.00 earnest money was submitted with the Buy/Sell Agreement. The City Manager recommended that the City acquire the property and subsequently, after the period of time specified, conditionally deed the property to the Battered Women's Network to be used as a shelter. Commissioner Mathre stated that she would abstain from voting on this issue because she is a member of the Advisory Board of the Battered Women IS Network. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission authorize the purchase of the house at 1022 South Fifth Avenue for use as a Battered Women's Network shelter, with conditions as set forth in the Agreement, prepared by Attorney Jim Johnstone, and that the matter be reviewed after a three-year period; and within that period of time, if any problems appear, that the matter be brought back to the City Commis- sionfor research and review. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Commissioner Mathre abstained. Public hearing - Commission Resolution No. 2353 - Garbage assessments This was the time and place set for a public hearing on Commission Resolution No. 2353, as prepared by the City Attorney, entitled: 1 n '-) ..1..1 L COMMISSION RESOLUTION NO. 2353 A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO INCREASE RESIDENTIAL GARBAGE RATES AND LANDFI LL FEES TO THE RESIDENTS OF THE CITY OF BOZEMAN AND USERS OF THE CITY OF BOZEMAN'S LANDFILL. Mayor MacNab opened the public hearing. Ms. Barbara Lowney asked if the fraternities pay the same amount for the garbage coi- I lection as the houses or are they responsible for their own garbage collection. Director of Finance Amy Swan stated that the amount charged for garbage collection is based on the Building Inspection Department's records on the number of rooms in the house and the number of dwelling units located within the structure. Dr. John Parker stated that he understands the landfi II is a terminal case and asked if the City has any plans for what will be done. City Manager Evans stated that the life expectancy of the present landfill is ten to seventeen years. He stated that the City has several options including the possibility of asking the City Commission to limit the use of the landfill to city residents only; planning for a capital program for land acquisition; and creating a joint City-County landfill. The City is also considering the possibility of using one-man trucks with a side arm to aid in the reduction of collection costs. Dr. Parker asked if the sale of garbage for energy is still being considered. City Manager Evans stated that cogeneration is not economically feasible. He stated that this method needs a large source of garbage and a user that can convert that garbage to energy for a certain facility. I Mayor MacNab closed the public hearing. A decision wi II be forthcoming next week. Discussion - Economic Growth Policy - (Commission's desires as to wordin ; resultin from Chamber 0 ommerce proposal City Manager Evans stated that at last week's Commission meeting, Commissioner Mathre had submitted an outline of a policy on economic growth. Commissioner Swanson stated that he approves of the policy as submitted by Commis- sioner Mathre but noted two changes which he would like to see made. He further stated that he feels the Commissioners should court some of the desired industries who show an interest in Bozeman. The Commissioner further stated that he feels a City Commissioner should be on the Board for the Chamber of Commerce, which would allow the Chamber and the City to work closely together. City Manager Evans recommended adoption of the economic growth policy as submitted by Commissioner Mathre and with the changes as suggested by Commissioner Swanson. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt the draft of a resolution on economic growth as presented by Commissioner I Mathre and amended by Commissioner Swanson, and that the Staff be instructed to prepare a resolution in final form to be adopted at next week's regular Commission meeting. 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. 103 Community Assessment and EIS Waiver - Wookbrook Phase III City Manager Evans presented to the Commission a request on behalf of Woodbrook Phase III for a Community Assessment and Environmental Impact waiver. Mr. Mike Money, Assistant Planner, presented the Planning Staff's report. He stated that an Environmental Impact Statement had been completed on Phases I and II of the Wood- I brook Townhouses Subdivision, and the Staff does not feel that another such study needs to be required for Phase III of this same project. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission waive the requirement for a Community Assessment and Environmental Impact state- ment for Phase III of the Woodbrook Townhouses Subdivision. The motion was 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. Preliminary Plat Approval - Woodbrook Phase III B City Manager Evans presented to the Commission a request on behalf of the Woodbrook Townhouses Subdivision, Phase '" B for approval of the Preliminary Plat. Mr. Mike Money, Assistant Planner, presented the Planning Staff's report, which recom- mended approval, subject to eleven conditions, as outlined by the Planning Staff. Commissioner Swanson asked if the developer has any problems with the conditions as prepared by the Planning Staff. I Mr. John Moss, Planning Director, stated that the developer does not see any problems. Mr. Vern Hendershott, President of the Homeowners' Association for Phase I of the Woodbrook Townhouse Subdivision, stated that he does not object to the approval of the Pre- liminary Plat for Phase "I B of Woodbrook. He stated that the main objection he has is to the lack of cooperation on the part of the developer in keeping the Homeowners' Association notified of his actions. Mr. Hendershott stated that, while not opposing the approval of Phase III B, the Homeowners' Association desires to be advised of actions being taken and requested that the developer be required to keep them informed. He stated that they are not, however, waiving their rights to protest on any of the other phases of the Woodbrook Townhouses Subdivision. Dr. John Parker, also a resident of Phase I of the Woodbrook Townhouses Subdivision, concurred with what Mr. Hendershott had stated. Dr. Parker asked what assurance the Homeowners' Association has that the developer will do what is required of him. He also asked if the conditions recommended by the Planning Staff would require that the developer have everything in good condition prior to turning the townhouses over to the Homeowners' Asso- ciation. I Mr. John Moss, Planning Director, stated that the townhouses would be inspected by the City to see if they meet all of the requirements before Phase "I B is released. He further stated, however, that it is not possible to inspect every site for all of the landscaping which is required. He stated that the Homeowner's Association could monitor the requirements, and the City would then monitor any complaints that were received. 1 '11 l ,!' '" Ii "1' Mr. Hendershott stated he can see that the City cannot afford to play nursemaid to every development. He stated, however, that he has paid personal money for items that were not properly done in previous phases. H is past experiences with the developer have not been good. Commissioner Swanson stated that the recourse for enforcement of covenants is Court, not the City Commission. I City Attorney Planalp stated that the Homeowners' Association wants to make sure that the landscaping is done before the Final Plat is approved. The City Attorney stated that if it is in the Agreement, the Final Plat approval will not be given until the Improvements Agree- ment is met. Assistant City Manager Barrick stated that the Letter of Credit is also a good way to get things done in a more rapid manner. Planning Director John Moss stated that, during the approval process for Phase II, the Homeowners' Association was not notified and did not receive a copy of the plans and covenants. He stated that this was an oversight on the part of the Planning Staff and the developer. Mr. Moss further stated that it is important for the Homeowners' Association to review the covenants for Phases II and III to be sure that they are compatible with the covenants for Phase I. Each of the phases become a part of the Homeowners' Association as they are completed, and it would be very difficult to enforce an entirely different set of covenants for each phase of the development. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the I Commission approve the Preliminary Plat for Woodbrook Phase III B, as recommended by the Planning Staff, with the following conditions: 1. That the dimensions, areas and bearings on lines of the common areas be included on the final plat. 2. That information pertaining to the street bearings, distance and curve data be included on the final plat. 3. That the developer provide a temporary cul-de-sac at the proposed temporary terminous of Woodbrook Drive or that Woodbrook Drive be developed to its proposed southern access on South Black to a standard adequate to service and support any emergency vehicles. 4. That the developer contact the utility companies concerning needed easement. The decided easement must then be provided on the final plat. 5. That the proposed private sanitary sewer lines be situated as to provide adequate room for future maintenance and that the plans be reviewed and approved by the City Engineer. 6. That the developer submit a site plan which illustrates the corner elevations of Lot 80 in relation to the establ ished flood plain elevation in that area. No portion of Lot 80 should be located within the delineated flood hazard area. 7. That the final plat contain the names of any adjoining platted subdivisions and number of any adjoining certificates of survey previously recorded and ties thereto. 8. That a "Certificate of County Treasurer" be provided on the final plat. 9. That the developer enter into an Improvements Agreement with the City of Bozeman and I the Improvements Agreement and Letter of Credit be reviewed and approved by the City Engineer. 10. That the Developer consult with the Woodbrook Phase I Homeowner's Association and that the proposed covenants for Part B of Phase III be revised as necessary to make them conform to the covenants approved by the City of Bozeman for Woodbrook Phase I. Said covenants to be submitted to the Planning Staff for review prior to acceptance of final plats. 105 11. That the developer submit a sediment and erosion control plan to the City Engineer for his review and approval. He should also consult with the District Conservationist to determine if a 310 Permit will be required. 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 Status report - Downtown Urban Renewal District Mr. Tim Fitzgerald, Bozeman Downtown Development Association, stated that they have established the boundaries for the Urban Renewal District and have surveyed the area. They are comfortable with the zoning in the Master Plan of the City for this area. The Association is working with the Planning Staff in the update of the Master Plan so that the Urban Renewal District will be in compliance with the Master Plan. This Urban Renewal District is important to the private sector. Mr. Fitzgerald stated that there is a large amount of second story areas in the downtown area that could be developed through this type of program. Mr. Fitzgerald presented to the Commission a timetable for the completion of the Urban Renewal program. He also submitted a budget for the amount necessary for completion of the project. Mr. Fitzgerald stated that the Downtown Development Association cannot bear the total costs of the project. Therefore, the Association wi II be returning to the City Commission next week with a request for $10,000.00 for completion of the project. If this money is supplied I from City funds, it would be in the form of a loan and would be repaid from the tax increment financing. Another possibility would be an amendment to the CDBG program. If HUD would approve such an amendment, this money would be a grant and would not be repaid by the Downtown Development Association. However, the matter must be dealt with in a timely manner because the CDBC monies must be expended by December 18, 1981. City Manager Evans stated that the Staff would review the feasibility of such a use of the HUD funds prior to next week's City Commission meeting. Request - Senior Social Center - include cost of elevator for Bozeman Senior Social Center Building in next year1s budget (FY 1981-81) City Manager Evans presented to the Commission a request on behalf of the Bozeman Senior Social Center to include the cost of an elevator for their building in next year's City budget. The City Manager stated that the estimated cost of this elevator would be $40,000.00. He stated that the shaft is cu rrently in the bui Iding. The City Manager recommended that the Commission acknowledge receipt of the request at this time. He stated that the financing for next year's budget is uncertain at this time. The City could be faced with the possibility of a decrease in Revenue Sharing and a possible I decrease in property taxes. Mayor MacNab stated that the request will be acknowledged and considered during the preparation of the City's budget for Fiscal Year 1981-82. 1 nr. ." ."".'. "..' Status report - negotiated bond sale - SID No. 615 - $400,000.00 City Manager Evans stated that the Director of Finance has reported that the amount of the bond sale for Special Improvement District No. 615, for a sanitary sewer trunk in the Burrup Annexation, was set at $400,000.00. Following the opening of the construction bids, that amount was then revised to $250,000.00. All attempts at negotiation have failed, and the Director of Finance has recommended placing this SID on "hold" until such time as the bonds I may be sold. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission place the negotiated bond sale for Special Improvement District No. 615, for sanitary sewer trunk in Burrup Annexation, in a "hold" status until such time as the bonds may be sold, at which time the bond sale will be readvertised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Com- missioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Status report - SID No. 615 - sanitary sewer trunk - Burrup Annexation City Manager Evans stated that this item is directly related to the item above. He stated that construction cannot begin unti I the bonds have been sold for this Special Improve- ment District. The City Manager recommended that the City Commission reject any and all bids and that the construction bids be readvertised at such time as the bond market would allow for the sale of the bonds. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the I Commission reject any and all construction bids for Special Improvement District No. 615, for sanitary sewer trunk in the Burrup Annexation, and that the project be placed in a "hold" status until such time as the bonds for this SID may be sold. 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. Proposed Commission Resolution - Intention to provide tax relief for local manufacturin industrial evelopment City Manager Evans presented a Proposed Commission Resolution as prepared by the City Staff, entitled: PROPOSED COMMISSION RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO PROVIDE TAX RELIEF FOR LOCAL MANUFACTURING INDUSTRIAL DEVELOP~ MENT, PROVIDING FOR A GRADUATED TAX SCHEDULE, PROVIDING FOR PUBLIC HEARING AND CITY COMMISSION APPROVAL. City Manager Evans stated that passage of the proposed Commission Resolution stating the intention to provide tax relief for local manufacturing industrial development would provide less increase of future taxes. He stated that, when relying almost totally on property taxes I for operation, he would recommend that the Commission reject the proposed resolution. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission reject the proposed Commission Resolution which states the intention to provide tax 107 ' relief for local manufacturing industrial development. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, Commissioner Stiff. Commission Resolution No. 2355 - Exemption of municipal property from the County-wide I mill levy for Library uses City Manager Evans presented Commission Resolution No. 2355, entitled: COMMISSION RESOLUTION NO. 2355 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUESTING THE EXEMPTION OF MUNICIPAL PROPERTY FROM THE COUNTY-WIDE MILL LEVY FOR LIBRARY PURPOSES. The City Manager stated that this Commission Resolution was requested by the Gallatin County Commission. He stated that the County has had a problem with the city residents being charged twice for the Library. Hopefully, this Resolution will help to correct this prob- lem. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission adopt Commission Resolution No. 2355, requesting the exemption of municipal property from the County-wide mill levy for Library uses. 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. Authorize Mayor to si n - Easement and right-of-wa agreement - Thomas J. & Ronna J. Henderson - 611 ort rand - sanrtary sewer an water lines I City Manager Evans presented to the Commission an Easement and Right-of-Way Agree- ment on behalf of Thomas J. and Ronna J. Henderson for sanitary sewer and water lines for property located at 611 North Grand. The City Manager stated that this is a standard form and recommended that the Commission authorize the Mayor to sign the Easement and Right-of- Way Ag reement. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission authorize the Mayor to sign the Easement and Right-of-Way Agreement on behalf of Thomas J. and Ronna J. Henderson for sanitary sewer and water I ines at 611 North Grand. 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 purchase - Building Inspection Department - economy vehicle City Manager Evans presented to the Commission a request on behalf of the Building Inspection Department for authorization to purchase an economy vehicle. The City Manager I stated that this is a budgeted item. He stated that the proposal is to accept quotes for an economy vehicle and accept the lowest quote, which will be under the $10,000.00 limit estab- lished during the last Legislative Session. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the purchase of an economy vehicle for the Building Inspection Department. The motion carried by the following Aye and No vote: those voting Aye being 1 :'1 q \..' , ,'I Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab, those voting No, none. Absence of Commissioner Stiff - October 28 and November 4, 1981 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commis- sioner Stiff be excused from the meetings of October 28 and November 4, 1981, in compliance I with Section 7-3-4349, M.C.A. 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. Claims Claims for the past two weeks were presented. The City Manager 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 Vollmer, seconded by Commissioner Stiff, that the claims be approved as submitted. 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. File report - Building Inspection Department for September 1981 City Manager Evans stated that the Bui Iding I nspection Department report for September I 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Building Inspection Department report for September 1981 be accepted and ordered filed. 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. Report - B road Valleys Federation of Libraries for September 1981 City Manager Evans stated that the monthly report for the Broad Valley Federation of Libraries for September 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the report of the Broad Valleys Federation of Libraries for September 1981 and that it 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 Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Executive Session - 4:40 p.m. I Mayor MacNab called for an Executive Session and requested that all be excused except the City Manager, Assistant City Manager, City Attorney and Clerk. Mayor MacNab requested that all others please leave the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting. 109 Adjournment - 4:55 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- jou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and I Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I