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HomeMy WebLinkAbout1982-04-05 1P--i ~ j \ \.., 'jNl' ',.' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 5, 1982 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 5, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Lineberger (for the first portion of the meeting), City Attorney Planalp (for the second portion of the meeting) and the Clerk. Commissioner Mathre and Commissioner Anderson were excused in compliance with Section 7-3-4349, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of March 29, 1982, were approved as submitted. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Open bids - Construction of the Wastewater Treatment Plant, Phase II This was the time and place set for opening bids for construction of the Wastewater Treatment Plant, Phase II. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. The following bids were then opened and read: Schedule I Item 1 Item 2 Total Bid Schedule II Engineer's Estimate $1,308,693.00 $ 10,000.00 $1,318,693.00 $315,000.00 John-Boy Construction, Inc. Bozeman, Montana $2,074,396.00 $ 10,000.00 $2,084,396.00 - Barnard Construction, Inc. Bozeman, Montana $1,819,000.00 $ 10,000.00 $1,829,000.00 - S-K Construction, Inc. Missoula, Montana $2,091,000.00 $ 10,000.00 $2,101,000.00 - Volk Construction, Inc. Great Falls, Montana $2, 153,166.00 $ 13,000.00 $2, 1 66, 166.00 $367,455.00 Peter Kiewit Sons' Co. Billings, Montana $1,878,293.00 $ 6,500.00 $1,884,793.00 - Martel Construction, Inc. Bozeman, Montana $2,065,000.00 $ 13,750.00 $2,078,750.00 $445,000.00 Edsall Construction Co., Inc. I Bozeman, Montana $2,119,000.00 $ 11,000.00 $2,130,000.00 $360,000.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the bids be referred to the Staff for a recommendation to be presented at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. 381 Open bids - Sale of surplus radio equipment for Police Division This was the time and place set for opening bids for the sale of surplus radio equipment for the Police Division. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. The following bids were then opened and read: Rolfe & Wood Art's Body Shop Bozeman, MT Bozeman, MT GE MASTR 100 Watt Low Band 4 Freq Scan $511.00(3) (5 at $500.00 minimum) MOTOROLA MOTRAC 100 Watt Low Band 4 Freq $411.00(2) Scan (2 at $400.00 minimum) MOTOROLA MOCOM 70 - 100 Watt Low Band $611 .00 (1 ) 4 Freq Scan (2 at $600.00 minimum) MOTOROLA 35 Watt Low Band Single Freq (2 at no minimum) Model U41 GGT Serial 0-69932 $150.00 - MOTOROLA Remote Console w/mike Single Freq (2 at no minimum) GE Remote Console w/mike Single Freq (1 at no minimum) I NOTE: The bid from Rolfe and Wood, Inc., is for one radio only, showing the order of their preference. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the bids be referred to the Staff for a recommendation to be presented at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weav~r and Mayor Stiff; those voting No, none. of Commission meetin s City Manager Evans noted that Monday holidays for the Calendar Year 1982 include (1) May 31, Memorial Day (observed); (2) July 5, Independence Day (observed); (3) September 6, Labor Day; and (4) October 11, Columbus Day (observed). The City Manager further noted that Section 1-1-307, M.C.A., states that, when an act falls on a holiday, that act may be performed upon the next business day. City Manager Evans then noted that less mis- understanding would occur if a policy were adopted and recommended that the Commission adopt 4:00 p.m. on Tuesday as the regular time for the Commission meeting if Monday is a I holiday. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission designate the Tuesday immediately following a Monday holiday at 4:00 p.m. as the regular time and date for City Commission meetings during Calendar Year 1982. The motion carried by the following Aye and No, vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ~ --- 3 .~'\ "..." I.. Request authorization to proceed - repair of ceiling in the Senior Social Center - $1,475.00 City Manager Evans presented to the Commission a request for authorization to proceed with the repair of the ceiling in the Senior Social Center in the amount of $1,475.00. Assistant City Manager Barrick stated that the problem occurred after the original contract for construction had expired. He noted that this problem is caused by dissimilar roof structures with one common ceiling. During the spring and fall, these roof structures I move differently, causing the sheetrock in the ceiling to crack. This problem can be corrected by cutting a * to t inch notch in the sheetrock where the two roof structures join. A 3-inch redwood board will be placed over this notch and nailed on only one side. This wi II allow the ceiling to shift with the roof structures as needed without additional cracking. The Assistant City Manager noted that this proposal also contains other minor repairs to the bui Iding. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission authorize Mr. Val Steiner to complete the repair of the ceiling in the Senior Social Center, along with other minor repairs as outlined, in the amount of $1 ,475.00., The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Hequest - permission to use two feet of public sidewalk for display - Sears - April 22-24 . 1982 City Manager Evans presented to the Commission a request for permission to use two I feet of public sidewalk for display of lawn and garden equipment on behalf of Sears, to be held on Apri I 22-24, 1982. I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Sears for permission to use two feet of public sidewalk for display purposes during their lawn and garden promotion, to be held on April 22-24, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - Ordinance No. 1100 - Amending Title 2 of the Bozeman Municipal Code City Manager Evans presented Ordinance No. 1100, entitled: ORDINANCE NO. 1100 AN ORDINANCE OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 2 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR A MORE ACCURATE REFLECTION OF THE STATE STATUTES AS THEY APPLY TO CITY OFFICERS, DEPARTMENTS, BOARDS, AND EMPLOYEES AND TO THE ADMINISTRATION OF CITY AFFAIRS. Assistant City Manager Barrick stated that this Ordinance, along with Ordinance Nos. 1101, 1102 and 1103, are the result of the recodification of the Bozeman Municipal Code by I Book Publishing Company of Seattle, Washington. The Assistant City Manager stated that the Editing Department has completed its activity and submitted a report to the City, suggesting certain changes to the Code. These must be accomplished through an ordinance. Some of the changes involve changing the references to the State statutes from the sections of the Revised Codes of Montana to sections of the Montana Code Annotated. Many of the other 383 changes involve simple housekeeping details. Ordinance No. ~ 100 will correct many of the .. housekeeping details in Title 2 of the Bozeman Municipal Code. City Manager Evans noted that many items need to be corrected in the Bozeman Municipal Code. He noted that the Bozeman Municipal Code has been gathering information and errors for 100 years. He stated that, at the present time, the City does not have the I time or resources to go through the Code to correct all of these errors. However, some of the items can be corrected through Ordinance No. 1100, and other sections can be updated as time permits. These would then be submitted in ordinance form and would update the Bozeman Municipal Code as supplements are issued. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission adopt Ordinance No. 1100, amending Title 2 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Information Item - Main Street to be partially or totally closed from July 4 to end of August for street overlay project City Manager Evans announced that the State Highway Department plans to repair Main Street from Seventh Avenue east to Wallace Avenue during the summer. The Highway Department has stated that work will begin about July 5 and will be completed at the end of August. He noted that certain sections will be closed as they proceed with this project. The State Highway Department has scheduled a public information meeting, to be held I on Thursday, April 15, 1982 at 7:30 p.m. in the Community Room of the Bozeman Public Library. The City Manager noted that this project will create an inconvenience to businesses and traffic. However, the construction season for overlay projects is very limited. The City Manager further stated that any parades, such as the Sweet Pea Parade, will need to select an alternate parade route, possibly on Babcock or Mendenhall. Information Item - meeting with Congressman Pat Williams - April 13, 1982 - 10:30 a.m. - County Courthouse Community Room City Manager Evans stated that Congressman Pat Williams will be conducting a meeting at 10: 30 a. m. on Tuesday, Apri I 13, 1982, in the Community Room of the Gallatin County Courthouse for the purpose of receiving input from County and City officials on federal funding and the impact of the New Federalism on local governments. The City Manager noted that other cities in the area are also being invited to attend. Commissioner Vant Hull noted that City officials should attend in force and let the Congressman know that the cities need the continuation of Revenue Sharing Funds. I City Manager Evans noted that highways could also be greatly impacted if some of the proposed budget cuts are enacted. The City Manager also noted that, in the future, the City may desire Community Development Block Grant monies or possibly a recreation type grant for the acquisition of parkland. Commissioner Weaver noted that the City officials should also stress the President's intent to give more local latitude for Community Development Block Grant Funds. 3 ,." ; "1 ,'.. . '" f City Manager Evans suggested that the local government officials could address the bu reaucratic red tape. He noted that the City would be more comfortable working with one set of rules rather than two. Ordinance No. 1101 - Repealing Ordinance No. 582 City Ma_l1ager ~vans presented to tbe Commission Ordinance No. 1101, entitled: I ORDINANCE NO. 1101 AN ORDINANCE OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING ORDINANCE NUMBER 582, OF THE BOZEMAN MUNICIPAL CODE OF THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1101, repealing Ordinance No. 582, which had established Isolation Hospitals. The motion carrried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1102 - Repealing Ordinance No. 702 City Mal')ager Evans presented to the Commission Ordinance No. 1102, entitled: ORDINANCE NO. 1102 AN ORDINANCE OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING ORDINANCE NUMBER 702, OF THE BOZEMAN MUNICIPAL CODE OF THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission adopt Ordinance No. 1102, repealing Ordinance No. 702, which had established an I Airport Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Ordinance No. 1103 - Repealing Ordinance No. 844 City Manager Evans presented to the Commission Ordinance No. 1103, entitled: ORDINANCE NO. 1103 AN ORDINANCE OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING ORDINANCE NUMBER 844, OF THE BOZEMAN MUNICIPAL CODE OF THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1103, repealing Ordinance No. 844, which had established a policy on Daylight Savings Time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - permission to hang banners across Main Street - three Shrine Temples - May 17, 1982 I City Manager Evans presented to the Commission a request for permission to hang banners across Main Street on behalf of three Shrine Temples to be hung on May 17, 1982, in conjunction with the Montana Tri- Temple Shrine Ceremonial. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request for permission to hang banners across Main Street on behalf 385 of three Shrine Temples to be hung on May 17, 1982, subject to depositing the required fee with the Building Inspection Department. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Request - permission to conduct parade - three Shrine Temples - May 22, 1982 City Manager Evans presented to the Commission a request for permission to conduct u parade on behalf of three Shrine Temples to be held on May 22, 1982, in conjunction with the Montana Tri- Temple Shrine Ceremonial. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission approve the request for permission to conduct a parade on behalf of three--Shrine Temples to be held on May 22, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to attend - City Engineer Van't Hul - Rocky Mountain Chapter, APWA - Annual Spring Conference and Workshop - Idaho Falls, Idaho - April 28-30, 1982 City Manager Evans presented to the Commission a request on behalf of City Engineer Van't Hul for permission to attend the Rocky Mountain Chapter, American Public Works Association, Annual Spring Conference and Workshop to be held in Idaho Falls, Idaho, on April 28-30, 1982. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of City Engineer Van't Hul for permission to attend the Rocky Mountain Chapter, American Public Works Association, Annual Spring Conference and Workshop to be held in Idaho Falls, Idaho, on Apri I 28-30, 1982 and, it being in the public interest, his expenses be paid out of the appropriate fund. The -motion tarried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - permission to attend - Animal Control Officers Shilling and Lien - Montana Animal Control Association annual spring meeting - Helena, Montana - April 17-18, 1982 City Manager Evans presented to the Commission a request on behalf of Animal Control Officers Shi lIing and Lien for permission to attend the annual spring meeting of the Montana Animal Control Association and the Federation of Humane Societies of Montana, to be held in Helena, Montana, on Apri I 17-18, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission approve the request on behalf of Animal Control Officers Shilling and Lien for . - I permission to attend the annual spring meeting of the Montana Animal Control Association and the Federation of Humane Societies of Montana, to be held in Helena, Montana, on April 17-18, 1982 and, it being in the public interest, their expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. 3 ,~, ,", ~ ~,') ~'> Request - permission to attend - Fire Deputy Chiefs Johnson and Welch and Building Inspector Edsall - Plans Review Training Session - Billings, Montana - April 13-14, 1982 City Manager Evans presented to the Commission a request on behalf of Fire Deputy Chiefs Johnson and Welch and Building Inspector Edsall for permission to attend a Plans Review Training Session to be held in Billings, Montana, on April 13-14, 1982. I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission approve the request on behalf of Fire Deputy Chiefs Johnson and Welch and Building Inspector Edsall for permission to attend a Plans Review Training Session to be held in Billings, Montana, on April 13-14, 1982 and, it being in the public interest, their expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Budget Amendment - WWTP Capital Fund - $6,500.00 City Manager Evans presented to the Commission a Request for Budget Amendment for the Wastewater Treatment Plant, to transfer $6,500.00 from the Building and Structures to the Machinery and Equipment section of the Capital category in the budget. The City Manager noted that this transfer of funds would allow for the purchase of a small pickup. He recom- mended that the Commission authorize the Mayor to sign this Request for Budget Amendment and the subsequent purchase of a pickup for the running of errands. He noted that the Wastewater Treatment Plant personnel use larger vehicles to make the necessary trips, which is not economical. The City Manager also stated that three quotations have been received for I an economy pickup. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign the Request for Budget Amendment for the Wastewater Treatment Plant in the amount of $6,500.00, to be transferred from Buildings and Structures to Machinery and Equipment, all within the Capital section of the budget. The motion carried by the following Aye_and No vote: those voting Aye being COf!1missioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Proclamation - "National Medical Laboratory Week" - April 11-17, 1982 Mayor Stiff proclaimed the week of April 11-17, 1982 as "National Medical Laboratory Week" in the City of Bozeman and urged all citizens to recognize and support the vital service provided by the Laboratory Practitioner. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Proclamation - "American Legion Children and Youth Month" - April 1982 Mayor Stiff proclaimed the month of Apri I 1982 as "American Legion Children and Youth Month" in the City of Bozeman and called to the attention of all citizens the good works of 387 the members of The American Legion and American Legion Auxiliary in their dedication to the principles of this outstanding program. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor I Stiff; those voting No, none. Acknowledge report - Building Inspection Department for March 1982 City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for March 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report of the Building Inspection Department for March 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those vofing Aye being Commissioner Varit Hull, Commis- sioner Weaver and Mayor Stiff; those voting No, none. Acknowledge report - Clerk of Commission Sullivan - attendance at Municipal Clerks Institute- MSU - March 22-26, 1982 City Manager Evans presented to the Commission a report from Clerk of Commission Sullivan on her attendance at the Municipal Clerks Institute held at Montana State University held on March 22-26, 1982. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the report from Clerk of Commission Sullivan on her attendance at the Municipal Clerks Institute. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge Receipt - Cit er1s Recommended Schedule of FY 82-83 Budget Development vents City Manager Evans noted that dates for certain events in the budget process are set by State Statute. He noted that this schedule for adoption of a budget for Fiscal Year 1982- 1983 follows these guidelines. The City Manager further noted that at next week's meeting, he will schedule an Executive Session so that the Commission may give him some guidelines to be followed during salary negotiations with the various bargaining units. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission acknowledge receipt of the City Manager's Recommended Schedule of the Fiscal Year 1982-1983 Budget Development Events. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Recess - 5: 05 p. m. Mayor Stiff declared a recess at 5:05 p.m., to reconvene at 7:00 p.m. for public in- terest items. 3"'. .. " , '.~i> ',.' Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of discussing items of public interest. Continued public hearing Conditional Use Permit - Donald K. Weaver - PUD on Parcel 2B, C.O.S. 406B and Parcel 3 I This was the time and place set for the continued public hearing on the request on behalf of Donald K. Weaver for a Conditional Use Permit for a Planned Unit Development on 2.635 acres of Parcel 2B, C.O.S. 406B in the SW-k of Section 18, Township 2 South, Range 6 East, M.P.M. and 12.372 acres of Parcel 3 in the NW-k of Section 19, Township 2 South, Range 6 East, M. P.M., in the City of Bozeman, Gallatin County, Montana. The site is adjacent to the west side of the Valley View Golf Course and is separated from the adjoining Thompson's Third and Westridge Subdivisions by Spring Creek. Mayor Stiff opened the continued public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report. Mr. Money noted that this request has already been before two public hearings, one held before the Zoning Commis- sion and one before the City-County Planning Board. Mr. Money stated that the Staff Report had recommended conditional approval on three separate items for this request, and the Zoning Commission and City-County Planning Board had given conditional approval on the various segments of the request. Mr. Money then presented slides on the area involved in the request. Mr. Money stated that two letters have been received on this request. One letter is I from the Bozeman Public Schools, stating concern about the possibility of adding pickup school bus stops for children living in the Planned Unit Development. The second letter is from Mr. Robert A. Chadwick, stating no objection to the proposal, but listing reservations about the high water table and the common open area being held in private ownership by Mr. Weaver. Mr. Money stated that the project is approximately 15 acres in size, with Phase I being approximately 2.65 acres. This is the only portion of the project which is presently within the city limits. Mr. Money stated that Mr. Weaver is seeking a preliminary plat approval for Phase I, approval of the overall plan for the Planned Unit Development, and an exemption of the development from preparation of an Environmental Impact/ Community Assessment Report. Mr. Money noted that the City-County Planning Board adopted a resolution listing five conditions for the exemption of the development from preparation of an Environmental Impact/ Community Assessment Report; a resolution listing four conditions for the approval of the overall plan of the Planned Unit Development, along with four recommendations for waiving of requirements by the City Commission; and a resolution listing eleven conditions for the I Preliminary Subdivision Plat for Phase I, along with four recommendations for waiving of requirements by the City Commission. Mayor Stiff asked how much of the area involved would be subject to floods, as men- tioned in Mr. Chadwick's letter. Mr. Money stated that the area involved is not located within the 100-year flood plain. 3<39 Mr. Don Weaver stated that the flooding which occurs is located o~ the other side of the golf course from his proposed Planned Unit Development, mainly on the Fairway No. 4 and just in front of the No. 3 Green. This area is located approximately * mile east (rather, southeast) of the area in question. Mr. Money stated that the Zoning Com":lission addressed the density increase proposed I as well as the report to the Planning Board. Mr. Money noted that Mr. Weaver has satisfied the questions raised at the Zoning Commission meeting regarding the total area and the area to be maintained in private ownership. He stated that the Zoning Commission submitted a resolution for conditional approval, containing 17 conditions, of Phase I of the Planned Unit Development but did not act on the overall plan. Mr. Money stated that considerable discus- sion was held on the open space and the proposal to maintain it in private ownership by Mr. Weaver. Mr. Donald K. Weaver, 2404 Spring Creek Drive, stated that the parcel in question is very unique. It is located between a golf course and one of Bozeman's best residential areas. He noted that this parcel would be difficult to develop as a subdivision because it is long and narrow. However, it can be easily developed as long as it remains in private ownership. He noted that his proposal is to develop Bozeman's finest Planned Unit Development. Mr. Weaver noted that many people in Bozeman are retired or about to retire and would like to sell their large homes with big yards and move into a simpler life style in a nice area. Mr. Weaver stated that he believes it is time to stimulate the economy, and he feels I that this development may do so. He noted that he is in no hurry to complete this develop- men t. He noted that the proposed timetable calls for the completion of Phase "I by 1990 and Phase IV by 1993 or 1994. He stated that he would like to start Phase I in May. Mr. Weaver further stated that the common area is not used in figuring the density at four units per acre. Mr. Weaver stated that he wishes to maintain private ownership of the common space so that there is no question about who owns it. He stated that, also, people will know what he intends to do with this land if it is listed as the common open area for the Planned Unit Development. Mr. Weaver stated that he intends to form the Westridge Meadows Owners Association, which will include all property owners within this area. This association will provide facilities that everyone needs and will plow and maintain the streets, since they will be in private ownership. Mr. Weaver stated that his proposal includes private streets. He noted that these streets are proposed to be built 25 feet wide and to county road standards. He showed cross sections of a city street and a county road structure, noting the differences. He stated that the city street would cost approximately $120.00 per foot, whi Ie the county road would cost approximately $25.00 per foot; and he feels that the county road structure would conform to I the character of the Planned Unit Development much better. Mr. James Anderson, 212 Lindley Place, noted concern about having a private street within City limits. He does not feel that a street should exist which is not a public facility. He also questioned if it is in the best interests of the city to have a private street. 3'1\ " I Mr. Weaver noted that the Planned Unit Development ordinance allows for private streets. He desires to keep the streets private for two reasons: (1) he can build more appropriate streets than allowed if they are dedicated to the public; and (2) it is very likely that if a 37-foot street is built, it will become an arterial, which would ruin this development for the future. Mr. Clair Daines, 104 Heritage Drive, stated that he feels that the proposed Planned I Unit Development will allow for better development and better use of the land. He feels that the development is well planned and within the Code. He noted that the Phase I contains only eight units. If these first eight units are not well liked, the Commission can refuse to approve additional phases. Mayor Stiff closed the continued public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Springer Group - Lots 2-4, Guy's First Addition (northeast corner of Bozeman and Olive) This was the time and place set for the public hearing on the request on behalf of the Springer Group for a Conditional Use Permit. The site is located on Lot 3 and portions of Lots 2 and 4 in Guy's First Addition and is more commonly known as the northeast corner of the intersection of Bozeman Avenue and Olive Street. Mayor Stiff opened the public hearing. Mr. John Moss, Planning Director, presented the Staff Report. Mr. Moss stated that the Staff Report recommended conditional approval of the request, and listed 18 conditions to I be met; and the Zoning Commission passed a resolution denying the requested Conditional Use Permit. The Planning Director noted that the Zoning Commission recommended denial because the request fails to meet the requirements of the Zoning Code in that the proposal would be detrimental to the general welfare of adjoining residents and would not be in general compliance with the Master Plan for the area. The Zoning Commission also found unusual circumstances that would allow for denial of the request, which the Staff had not found. Mayor Stiff noted that one problem is not addressed. He noted that the present location of the hospital may not be the future location. He noted that the medical facilities may be different from what we now know. Mr. Lowell Springer, Architect, owner and applicant, stated that he has reviewed the conditions set forth in the Staff Report. He stated that he agrees with and will comply with Conditions 1-18 as listed in the Staff Report. He feels that these conditions will allow no detriment to the area. He further noted that when the Zoning Commission reviewed the re- quest, they recommended denial following a long discussion and a eight-minute recess before the voting so that they could find a reason for denial. He feels that this fact is significant. I Mr. Fred Nelson, 213 Lindley Place, represented the neighborhood. Mr. Nelson pre- sented to the Commission a petition containing the names of seventeen of the thirty-one people living within 150 feet of the proposed Conditional Use Permit, stating opposition to the request. Mr. Nelson then covered four areas in his presentation: (1) The intent of the law. - He stated that the intent of the law was not to allow the type of project proposed, but to 391 .1_ allow doctors to have offices in their homes. He noted that the medical profession is now changed, and doctors no longer have offices in their homes. This item is not applicable to the present. (2) Need for more medical office space. Statistics show that the medical profession is saturated. He noted that the existing office space more than meets the needs of the City. It is logical to assume that if a project is to succeed, it must be in the established I medical space. (3) Welfare and general well being of the neighbors. Mr. Nelson noted that the request provides for spot development within a high-density residential use. He noted that this will create business traffic in a high-density residential area on substandard streets for business traffic. It will also create parking problems. People that work downtown presently park in that area and, if no on-street parking is allowed, they will be required to park even further from Main Street. Also, the intersection of Bozeman and Olive has a high incidence of accidents. The Conditional Use Permit would also destroy the buffer zone. The emotional well being of the residents is affected, also. They are concerned about the future of the neighborhood and feel strongly about business d~velopment in the neighborhood. (4) Seriousness of the proposal. He noted that an architectural office was proposed last month; and a medical office proposed this month. Mr. Nelson noted that it does not make sense to put office space where there is no need for it. Mayor Stiff noted that Mr. Nelson was well prepared and was very eloquent. However, three of the four points made cannot be considered when making a decision on the request. He stated that he can appreciate the emotion and community concern. The Mayor noted that I medical offices are an approved conditional use and, if the applicant puts in the safety valves and the architectural process to make it a bonus to the area, it is very difficult to deny the request. Dr. Richard Tenney, 308 South Bozeman, asked since when is the will of the people living in the neighborhood overruled by elected officials who feel they know what is better for the neighborhood than the residents do. He noted that laws are made to be amended or changed. He stated that this law could be antiquated and should be changed. He also feels that extenuating circumstances are involved. Mayor Stiff asked if the City Commission has to deal with the law as it exists. City Attorney Planalp stated that an application must be considered in the light of the existing ordinances. Dr. Tenney stated that the Staff recommendations did not take into consideration what emergencies might happen. He stated that their approval was made only with the knowledge of the fact that a certain number of spaces are required because of the number of people in the structure or based on the square footage of the building. He noted that the planning process does not address any spaces for emergency. I Mr. James Anderson, 212 Lindley Place, asked if approval is automatic on the basis of meeting certain conditions or if it is at the discretion of the elected officials. Mayor Stiff noted that the Commission has discretionary powers. Mr. Anderson stated that the request is asking for the inconvenience of many for the benefit of one. He noted that the issue should be based on whether or not an individual should be extended privileges that are not automatic. 1 ,', " ",,- .I. Mr. William Davis, 307 South Bozeman, has talked to Mr. Springer, and Mr. Springer indicated that he wishes to do only what the neighbors want. He stated that the neighbor- hood does not want a medical office. He noted that traffic problems and parking problems already exist in the area. Mrs. Dora Anderson, 212 Lindley Place, stated that she does not drive by choice. She feels many people enjoy living close to the downtown area because they can move freely I on foot. She also noted that people are trying to save energy and to keep fit. She suggested that a fourplex be constructed, which wou Id preserve the neighborhood. Mr. Dan McGuire, 307 East Olive, asked who owns the property in question at the present time. Mr. Springer stated that he has purchased the property; and is totally paid for. Mr. Springer presented to the Commission a pamphlet of exhibits. He noted that a Conditional Use Permit was recently issued in the R-3 Zone at Beall and Fifteenth. He has been told that the people renting this office space are from Minnesota. Mr. Springer further noted that he is not asking for a zone change. He is requesting what is specified as a per- mitted use in the area. Mr. Springer also noted that planners would look at the property and state that there is no buffer area. He noted that he had stated that he wanted to do what the neighbors would like. He met with them to see what would be acceptable. The neighbors stated that a duplex would be acceptable. However, a duplex does not meet what he desires to place on this property. Mr. Springer also noted that his request is very similar to the request for a Conditional Use Permit at Beall and Fifteenth, which received I unanimous approval. Dr. Tenney stated that the medical community is located close to the hospital. He also requested that a Police Officer elaborate on Exhibit D, which shows the number of accidents at each intersection in Bozeman during Calendar Year 1981. Captain Harold Veltkamp: Police Department, stated that this exhibit reflects the number of reported accidents during the Calendar Year 1981. He stated that two accidents were reported. He further noted that many intersections in Bozeman have more reported accidents than the subject intersection. Mr. Springer then presented to the Commission a petition containing 85 signatures of employees, residents and/or property owners within a two-block radius of the site, supporting the requested Conditional Use Permit. Mr. Robert Lashaway, Springer Group Architects, stated that the petition was written with a statement taken directly from the Zoning Code. He further noted that the discussion has involved information not pertinent to the issue. He noted that the neighbors' main concern is that they protect the residential character of the area. Mr. Lashaway stated that the architectural design of the structure for the Conditional Use Permit does protect this I residential character. Mr. Fred Nelson asked what the definition of a medical office is. City Attorney Planalp stated that the Zoning Code contains no specific definition of a medical office. He stated that he could make an interpretation if requested, or the City Com- mission can determine the definition. 393 Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Code Amendment - Planning Staff - Sections 18.72.020,18.72.110 and 18.96.030 This was the time and place set for a public hearing on behalf of the Planning Staff I for a Zone Code Amendment to Sections 18.72,020, 18.72. 11 0 and 18.96.030 of the Zon ing Code. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the requested change is to adjust the advertisement dates for Conditional Use Permits, Zone Map Changes and Zone Code Amendments. Mr. Money stated that the ordinance now requires that the public hearings be advertised not less than fifteen days and not more than thirty days prior to a Zone Code Amendment or Zone Map Change; and not less than ten days and not more than thirty days prior to a Conditional Use Permit. The State Statute on Iy provides for a minimum advertising time. Mr. Money noted that, with the change in date for the City Commission meetings and the fact that public hearings are held on only the first and third Mondays, all public hear- ings must now be held on the first Monday of the month. By extending the maximum number of days for advertising from thirty to forty-five days, the public hearings can then be scheduled for the first and third Mondays before the City Commission. Mr. Money noted that the Planning Staff had recommended approval of this Zone Code I Amendment, and the Zoning Commission had unanimously approved the request. No one was present to speak in support of or in opposition to the request. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearinq - Zone Map Change - Resurrection Parish - R-3 to R-O - Tract B. C.O.S. 961 and contiguous tract (near the Law and Justice Center J This was the time and place set for a public hearing on behalf of Resurrection Parish for a Zone Map Change from R-3 to R-O. The site is described as Tract B, remainder of Certificate of Survey No. 691, plus a contiguous tract measuring 59.95 feet by 147.34 feet in the Wi. SWi of Section 12, Township 2 South, Range 5 East, M.P.M., in the City of Bozeman. This tract contains slightly more than three acres and is located near the Law and Justice Center. The major parcel is a portion of the land upon which the Rosary School was located. Mayor Stiff opened the public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report. Mr. Money noted that the Zoning Commission passed a resolution recommending denial of the request. He then pre- sented slides for both this item and the public hearing which immediately follows. Mr. Money I then presented to the Commission a letter from Ms. Janice J. Carringer, property owner at 618 South Fifteenth, stating her opposition to the proposed change in zoning. Mr. Money noted that the Resurrection Parish is the applicant for this Zone Map Change, representing the Catholic Diocese of Helena. He stated that the County has first right of refusal on the purchase of this land. Mr. Money also noted that this area has 3'-); undergone certain changes since the Law and Justice Center was placed in its present location. He further noted that any business built in the area would need to draw its own clientele because of the nature of the area. Father Con Kelly, Pastor of the Resurrection Parish, stated that this is the last portion of land associated with the Rosary School. He noted that the Diocese felt it was advisable to have office space available for professionals in close proximity to the Law and I Justice Center. Mr. Glenn Black, 608 South Fifteenth, presented slides of the area. He noted that they presently have a pure neighborhood. He further noted that people in the area have, for the most part, resided there for a number of years. He noted that the average person has lived in the same house for 22.2 years (within a three-block area). Mr. Black then presented to the Commission a petition containing 20 signatures opposing the requested Zone Map Changes for both the Resurrection Parish and the B-K Partnership. He noted that all of these people are property owners, and the entire three-block area of South Fifteenth Avenue is represented on the petition. Mr. Black then presented another petition containing 9 signatures, all of whom are property owners adjoining the subject properties, opposing the requested Zone Map Change. Mr. Moss, Planning Director, stated that an R-Q District requires that any uses permitted be architecturally compatible with the nearest residential structures. Also, an office area cannot exceed the density of the residential area. Mr. Leland Nelson, 414 South Fifteenth, stated that many acres of R-Q zoned land are I presently available, on South Nineteenth and near University Square Shopping Center. He noted that there is no reason for any more R-Q zoning in the area. Mr. Nelson further noted that office buildings are not always what some people think they should be built like. He cited the Farm Bureau Federation building as an example. Mr. Nelson stated that a park should be considered in this area, rather than office space. Mr. Glenn Black stated that one of the comments raised in support of the zone change is that office space near the Law and Justice Center for lawyers and legal staff is needed. He noted that the lawyers could live in four-plexes and still be close to the Law and Justice Center. Mr. Jim Moore, Attorney, stated that the Zone Map Change request was made because it seemed logical to provide for development of the land in the way it probably will be developed in the future. He noted that the County is broke and could not buy the land if they wanted to. He further noted that the change in the area was made when the Law and Justice Center was established there. He also noted that it seems more proper to set aside the entire block as R-Q, rather than change it a lot at a time. Commissioner Vant Hull asked if there would be more demand for office space or for I fourplexes in this area. Mr. John Moss, Planning Director, stated that the demand for residential development is more probable. Mrs. Alice Bradford, 424 South Fifteenth, noted that if the R-Q zoning is approved, studio apartments could also be constructed. She noted that a higher density would be un- 395 desirable, as well as the possibility of offices in the area. Mayor Stiff closed the public hearing. A decision wi II be forthcoming in one week. Public hearing - Zone Map Change - BK Partnership - R-3 to R-O - Park Tract of Richard's Subdivision l Koch Street and Sixteenth Avenue extended) I This was the time and place set for a public hearing on behalf of BK Partnership for a Zone Map Change from R-3 to R-O on the Park Tract of Richard's Subdivision. This parcel of land is located at the intersection of Koch Street and South Sixteenth Avenue extended, and is immediately adjacent to the parcel of land considered in the previous public hearing. Mayor Stiff opened the public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report. He noted that the report is basically the same as that for the Resurrection Parish. He further stated that the Zoning Commission passed a resolution recommending denial of this request. Mr. Money noted that this tract of land is smaller, containing approximately .59 acres, and is located immediately adjacent to the Detention Center. Mr. Corbin Ross, Architect representing the owners, stated that the owners feel that this close proximity to the jail gives a negative aspect to the property for residential develop- ment. He noted that, on the west, this property is bordered by an R-O zone. The owners feel that this property would provide a buffer between the jail and the surrounding area. He further noted that the owners would be willing to accept a "T" designation on this parcel. Mr. Glenn Black, 608 South Fifteenth, stated that landscaping around the jail should I be completed this summer. Mr. Black noted the possibility of placing structures around the jail which look worse than the jail itself with the idea that it is then hidden. Mr. Black noted that the opposition stated during the previous public hearing applies to this parcel of land as well. Mr. Leland Nelson, 414 South Fifteenth, stated that his statement during the previous hearing has the same effect on this matter. He noted opposition to the rezoning of this parcel from R-3 to R-O. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution No. 2396 - Intent to annex the North Seventh Annexation This was the time and place set for a public hearing for Commission Resolution No. 2396, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2396 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, KNOWN AS THE NORTH SEVENTH ANNEXATION, AND HEREIN MORE PARTICULARLY I DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS. TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stiff opened the public hearing. Mr. Joseph Sabol, Attorney for the petitioners, stated that more than 51 percent of the property owners have signed the Petition for Annexation. The Staff Report indicates no 3 .~.'"' " ,":,' '^':,. -,I ./ \.) problem with annexation of this property. And, no opposition has been voiced to this request for annexation. Mr. Sabol, therefore, requested favorable consideration of the Petition for Annexation. No one was present to speak in opposition to the proposed annexation. Mayor Stiff closed the public hearing. A decision will be forthcoming following the twenty-day waiting period required by Law. I Acknowledqe proposal and petition from Bozeman Fair Housinq Cooperative and set public hearing datelsJ City Manager Evans stated that two proposals are contained in the proposal and petition submitted by the Bozeman Fair Housing Cooperative: (1) a proposal for the City to lease its property to the 'Bozeman Fair Housing Cooperative, along with a petition containing 873 signatures from Bozeman and the surrounding area supporting this proposal; and (2) a petition signed by 25 residents of Legion Housing requesting a hearing on whether or not the City should establish a Housing Authority. The City Manager noted that the City Commission must determine whether it desires to handle these two matters separately or together. Mayor Stiff asked if both requests require a public hearing. City Manager Evans stated that the Bozeman Fair Housing Cooperative is requesting that the Commission consider a lease with their organization. The City Commission may determine whether or not they desire to conduct a public hearing on this request. The request for the creation of a Housing Authority does require a public hearing. City Attorney Planalp stated that it would be wise for the Commission to review the I State Statutes prior to the public hearing. He also noted that several other items will be coming before the City Commission during the next month. City Manager Evans noted that several serious considerations are involved in the pos- sible establishment of a Housing Authority. The City Manager noted that a Housing Authority would have several powers under the State Statute which the Commission should consider very strongly. These powers include the power of eminent domain, possible authority over zoning t and the conduct of private hearings, to name a few. City Manager Evans also noted that the Housing Authority must be approved by a majority of the voters in a special or general elec- tion. City Attorney Planalp noted that, to a certain extent, the Commission would be dupl i- cating efforts to set two different dates for the two proposals. He noted that both hearings will involve similar testimony. The City Attorney suggested that the Commission pick a date which allows time for research for the petition and would provide an appropriate response time to the proposal. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the proposal and petition from the Bozeman Fair Housing I Authority, in accordance with Section 7-15-4403, M.C.A., and that a date be set for the public hearings on the petition and the proposal at the City Manager's discretion in a facility large enough to hold the anticipated people. The motion carried by the following Aye and No 397 vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 12:20 a.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I