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HomeMy WebLinkAbout1981-07-01 423 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 1, 1981 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, July 1, 1981, at 1: 15 p. m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, I nterim City Manager Evans, I nterim Assistant City Manager Barrick, Acting City Attorney Lineberger and the Interim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Stiff. The minutes of the regular meeting of June 24, 1981, were approved as submitted. Open bids - Seal Coat and Pavement Overlay Street Improvements This was the time and place set for opening bids for the seal coat and pavement over- lay street improvements for the Street Department. 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 I Mathre and Mayor MacNab; those voting No, none. The following bids were then opened and read: Schedule I Schedule II Long Construction, Inc., Bozeman $ 91,800.00 $ 10,850.00 Dugdale Construction, Butte $126,096.00 -0- Mayor MacNab requested that the Consulting Engineer, City Engineer and Street Superintendent meet to review these bids and present a recommendation later during the Commission meeting so that the bid may possibly be awarded during the meeting, rather than wait one week before awarding the bid, due to the short construction season. Decision - Peach Street paving I nterim City Manager Evans stated that this was the time and place set for a decision on the paving of Peach Street. The Interim City Manager read a letter from the City Attorney regarding the protests for this paving. In the letter, the City Attorney stated that only one written protest had been filed, and that being from a person living outside the boundaries of the special improvement district. No other written protests have been received. The Interim I City Manager stated that the Commission could consider the verbal protests, and those support- ing the paving, but they are not considered legal protests under the State statutes. The I nterim City Manager recommended the paving of the two blocks of Peach Street from Rouse Avenue to Wallace Avenue. Commissioner Swanson stated a concern about not considering the verbal protests as legal protests. -424 Commissioner Stiff stated that he feels the two blocks of Peach Street should be paved now. He said that the cost is not getting any cheaper; and it is a definite health problem. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve Commission Resolution No. 2327, the creation of Special Improvement District No. 636(2) for the paving of two blocks of Peach Street between Rouse Avenue and Wallace Avenue, and instruct the City Attorney to prepare a resolution creating the district. I 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. Ordinance No. 1067 - Annexation of Story Hills The I nterim City Manager requested that this matter be deferred for a matter of one week. He stated that this would allow time for the Commission to read and review the or- dinance before passage. The Mayor deferred the adoption of Ordinance No. 1067 until next week. Public hearing - Conditional Use Permit - Robert Pearson - Klondike Commercial/Office PUD - east of and adjacent to Life of Montana property This was the time and place set for a public hearing on the request for a Conditional Use Permit on behalf of Robert Pearson for the construction of nineteen structures for com- mercial (3 structures) and office (16 structures) uses located in the St, SWi-, SEi-, Section 8, Township 2 South, Range 6 East, M.P.M. This property is located just east of and adjacent I to the Life of Montana property on Haggerty Lane. The site is undeveloped and is currently zoned RO and is approximately 7.73 acres in size. Mayor MacNab opened the public hearing. Mike Money, Assistant Planner, reviewed the staff report and stated that the Zoning Commission had approved the request with the conditions in the staff report. Mr. Pearson stated that the request before the Commission was the first phase of the proposed development. He stated that the architectural design will reflect a 1890.s mining community in a contemporary manner. The buildings are proposed to be partly condominiumized and partly rental units. The various spaces will be completed to meet the needs of the occupants. No one was present to protest the proposed Conditional Use Permit. Mayor MacNab closed the public hearing. I t was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission waive the customary one-week interval for a decision since no protests were re- ceived on this Conditional Use Permit request. The motion carried by the following Aye and I No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Conditional Use Permit requested by Robert Pearson for construc- tion of the Klondike Commercial/Office PUD east of and adjacent to the Life of Montana property on Haggerty Lane, subject to the following conditions: 425 1. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 2. All on-site improvements (Le., paving, landscaping, etc.) shall be com- I pleted within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 3. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Fai lure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. 4. Final site plan to include: a. Name and address of applicant. b. Address of project site. c. Name, location, width, and purpose of all necessary easements (water, sewer, phone, gas, and electricity). d. Furnish floor area totals for each building. e. A detail crosssection drawing to add dimensions for thickness of asphalt areas. f. A crosssection drawing of walkways connecting proposed structures. g. Identify protective landscaping devices and provide typical sketch. h. Identify appropriate loading areas. L Adjust landscaping plan to provide vegetative materials for interior landscaping of parking areas. j . Provide full details of central water system for project including watering system for landscaped areas. k. Specify commercial uses to be developed in project. 5. Complete improvements agreements with appropriate guarantees to provide for all necessary site improvements including street paving. 6. That no commercial activities be allowed within Phase I until the construc- I tion of the Phase II development is underway. 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. Public hearing - Conditional Use Permit - Ken LeClair - 68-unit condominium PUD - South 17th Avenue between 01 ive and Koch This was the time and place set for the public hearing on the Conditional Use Permit requested by Ken LeClair for a 68-unit condominium PUD to be located on South Seventeenth Avenue between Olive and Koch. The applicant seeks a Conditional Use Permit which, if ap- proved, would allow the construction of 68-condominium Planned Unit Development located be- tween Richards and LeClair Subdivisions, which is more commonly located on South 17th Avenue between Olive and Koch Streets. The site is undeveloped and is currently zoned R3 - Medium Density Residential - and is approximately 6.15 acres in size. Mayor MacNab opened the public hearing. Mike Money, Assistant Planner, reviewed the staff report and recommendations for ap- I proval of the application. The Zoning Commission had approved the request, subject to the conditions listed in the staff report. Ken LeClair was present to answer any questions regarding his proposed 68-unit condo- minium PUD. Commissioner Stiff asked Mr. LeClair if he felt the need would justify the proposed condominium. Mr. leClair stated that he felt it would be needed. -'426 - - No one was present to protest the proposed Conditional Use Permit. Mayor MacNab closed the public hearing. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission waive the customary one-week interval for the decision since no protests were re- ceived on this request for a Conditional Use Permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner I Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. It was then moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request for a Conditional Use Permit by Ken LeClair for a 68-unit Planned Unit Development to be located on South 17th Avenue between 01 ive and Koch Streets, subject to the following conditions: 1. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 2. All on-site improvements (i .e., paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 3. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. 4. That a variance be granted by the Zoning Board of Adjustments to allow the I four buildings to encroach into the required 25 foot setback of South 17th cul- desac. 5. That the eaves of the building in Phase I do not extend more than three (3) feet beyond the required 25 foot setback line. 6. That the trees to be located in the north rightofway of Koch Street be moved - as to not encroach on that rightofway. 7. The following site distance problems should be eliminated. a. That the sign, hedges and other vegetation be moved out of the sight distance triangle areas or replaced with a low profile vegetation that will not achieve a mature height of more than 2i feet above the center line grades of the existing streets. This problem occurs on the SE and SW corners of South 17th and 01 ive and the south entrance to Phases II and III along Koch. b. That all the proposed hedges located along the turns within the parking aisles be replaced with low profile shrubbery as specified in the staff report. These obstacles exist in Phases II, III, and IV. 8. That the planter located in Phase II be separated into two planters. This would bring the planter size to within the 200 sq. ft. maximum size and would also allow a less restricted access into the covered parking area to the east. 9. That a hydrant be located on the east or west side of the private street at the entrance to either Phase II or III. 10. That the developer design and construct the fire access way to such standards as to provide adequate room and support for emergency fire vehicles. The I design and specifications should be submitted to the City Engineer and Fire Chief for their review and approval. The design of this access should be extended beyond the area delineated on the plans at the south entrance as to provide adequate area for the emergency vehicles to enter and exit. 11. That no parking signs be erected along the south entrance, all parking area entrances and within the culdesac on South 17th. 12. That Phase III be redesigned as to better accommodate the ingress and egress of emergency vehicles. 427 13. That all two way parking aisles be designed and constructed to a minimum 26 feet width as specified in the regulations. Phase I has an entrance aisle of 20 feet and a parking area aisle of 23 feet. The interior aisle of Phase III is 21 feet. 14. That Phase III provide 43 parking spaces rather than the 40 scheduled. This could be accomplished by taking advantage of the compact car provision within the regulations. I 15. That the developer supply snow removal and storage areas for each Phase of the development. 16. That the developer submit the following information for final review. a. Pedestrian walkway plan. b. Detailed landscape plan to include detai I of berms, irrigation systems, color for signs, fences and enclosures. It should also include a more detailed drawing of the proposed garbage enclosures. c. Exterior lighting plan for the parking and common areas. d. Water, sewer and utility plan (all existing and proposed easements must be shown). e. Parking and improvement schedule. f. A grading, drainage and surfacing plan for the parking areas which must be approved by the City Engineer. This is to include pavement marking, signing, stall sizes, etc. g. A homeowners agreement that addresses the maintenance of the parking and common areas. 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. Award of bid - Seal Coat and Pavement Overlay Street Improvements City Engineer Van1t Hul stated that the Consulting Engineer, Street Superintendent I and he had reviewed the bids received and opened earlier in the meeting for the seal coat and pavement overlay street improvements. It was the staff's recommendation that the contract be awarded to Long Construction, Inc., of Bozeman, Montana, in the amount of $91,800.00 for Schedule I, Items 1-2. and $10,850.00 for Schedule II, Item I, it being the lowest and best bid received. The City Engineer further stated that the bid was higher than the Engineer's Estimate. However, if desired, the City Manager and Street Superintendent could remove a few blocks of seal coat and pavement overlay district from the contract to lower the total cost to the Engineer's Estimate. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission award the bid to Long Construction, Inc., of Bozeman, Montana, in the amount of $91,800.00 for Schedule I, Items 1-2, and $10,850.00 for Schedule II, Item I, for a total amount of $102,650.00, it being the best and lowest bid received. 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. Commission Resolution No. 2334 - Purchase of road oil - Montana Highway Department I I nterim City Manager Evans presented Commission Resolution No. 2334 entitled: COMMISSION RESOLUTION NO. 2334 Purchase of Road Oil The -I nterim City Manager stated that this is a resolution which is adopted each year to allow the City to obtain the needed road oil and sundry construction materials not available from commercial sources. He recommended adoption of the resolution. -'4'28 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Commission Resolution No. 2334, for the purchase of road oil from the Montana State Highway Department. 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. I Request by Douglas F. Tillet - to temporarily locate mobile home at construction site I nterim Assistant City Manager Barrick presented a request on behalf of Douglas F. Tillet to temporari Iy place a mobi Ie home on the site located at 1340 Hidden Valley Road, which is in an AS zone. He stated that this is located just at the end of the Hidden Valley Trailer Court. The seller of the land has a covenant which states that the mobile home must be removed within one year. However, the request is now before the Commission to allow the mobile home to remain during the construction period. The Interim Assistant City Manager recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission approve the request of Douglas F. Tillett to temporarily place a mobile home at 1340 Hidden Valley Road during the construction of a permanent residence. 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. Applications for relicensing of Gambling - July 1, 1981 to June 30, 1982 - various applicants I I nterim City Manager Evans presented to the Commission the following application, along with the appropriate fee, for the renewal of a gambling license: Sundance Saloon 2 card tables $500.00 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commis- sion approve the application for renewal of the gambling license. 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. Application for Beer License - Bozeman Exchange Club - July 5, 1981 Interim City Manager Evans presented to the Commission an application for a beer license, along with the required fee, on behalf of the Bozeman Exchange Club for July 5, 1981 . This is for the fireworks display, to be held at the Fairgrounds. The I nterim City Manager recommended that the Commission approve the application, and that the Bozeman Ex- change Club be encouraged to check all ID's closely, to avoid the sale of beer to minors. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the I Commission approve the application for beer license on behalf of the Bozeman Exchange Club for July 5, 1981. 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. 429 Authorize writing off of aged uncollectible MSU Police Services account I nterim City Manager Evans stated that the request for authorization to write off $2,427.73 in aged uncollectibe MSU Police Services account had been presented to the Com- mission last week. Since that time, the I nterim Assistant City Manager has contacted Mr. Tom Nopper, Director of Administration at MSU. I The I nterim Assistant City Manager stated that he had been unable to get any more information from the University regarding these bills. He stated that this aged uncollectible account is a result of problems within the City's own bookkeeping system. He stated that the problem has now been corrected. The University also has not kept records of the charges, so no record is avai lable to back up the bills presented to the University. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commis- sion authorize the writing off of $2,427.73 in aged uncollectible MSU Pol ice Services account. 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. Discussion - Sewer rate increase I nterim City Manager Evans stated that on June 19, 1981, a management meeting was held to look at the November 1, 1981, deadline for the compliance schedule. He stated that a recent bill was passed by the Legislature which allows City Commissions to pass rate increases I with certain conditions: there is a 12 percent limit; and all federally mandated increases may be included in the increases. The I nterim City Manager requested that the City Commission consider a resolution on July 8, 1981, setting the date for a public hearing to establish new sewer rates. He stated that the Commission may decline to do this and request that the sewer rate increase be placed before the Public Service Commission. He recommended that the City act on the sewer rate so that the City may meet the November 1 deadline so that the bids may be awarded for the second phase of the contract. The EPA in Washington, DC has authorized the Region VIII office in Denver to sign the request for additional funds and authorizing the beginning of Phase I construction at the Waste Water Treatment Plant. Claims Claims for the past two weeks were presented. The Interim 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. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the claims be approved as presented. 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. ,-- 43'0 I nformation Item - Announcing offices closed on July 3, 1981 I nterim City Manager Evans stated that the City offices will be closed on July 3, 1981. The State law provides that if a holiday falls on an employee's regularly scheduled day off, the day before or the day after will be given as a day off in lieu of the holiday. Since Independence Day falls on a Saturday, and Sunday is a regular day off, Friday will be given I as a day off in lieu of the holiday. I nformation Item - Labor contracts settled The Interim City Manager stated that the three labor contracts with the Fire, Police and Teamsters have been agreed on and settled at 10 percent. He stated that he does not feel that this is extravagant, since the State has received 12 percent, nurses have received 13 percent, and the County has settled for 13 cents per hour above the City. Information Item - Process of setting other employee salaries I nterim City Manager Evans stated that he is in the process of setting the salaries of employees who are not members of any bargaining units. He stated that he will begin this week, and complete before next week's Commission meeting, conducting meetings with the various department heads to review the budgets and considering recommendations for increases in the salaries of all other employees not already set. After all meetings are conducted, the figures will be available so that the budget request to the Commission will be substantially more accurate than if the salaries are not set. I I nformation Item - Water rate approved by PSC, not in total I nterim City Manager Evans stated that he has received information via the press that the PSC has issued an order, but not for the total requested increase. He stated that the exact particulars are not available at this time. He stated that he will have to study the order to see how it will affect the City. The Public Service Commission did make some changes, but basically it is something that the City can live with. The I nterim City Manager stated that subsequently, the City may have to be looking at a possible date for the sale of Water Revenue Bonds to make improvements as a part of the rate increase. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. 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. I Mayor ATTEST: Clerk of the Commission