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HomeMy WebLinkAbout1995-02-06 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 6, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 6, 1995, at 3:00 p.m. Present were Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Vincent was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 17, January 23 and January 30, 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . minutes of the meeting of January 17, 1995, be approved as amended and that the minutes of the meetings of January 23 and January 30, 1995, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Authorize absence of Mayor Vincent from meetina in comDliance with Section 7-3-4222(2). M.C.A. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the absence of Mayor Vincent from this meeting be authorized in compliance with Section 7~3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. Reauest for Dermission to address Commission re snow shovelina ordinance - Paddy Ferriter , 113 South Bozeman Avenue Ms. Paddy Ferriter, 113 South Bozeman Avenue, read her letter of November 12, 1994, 02-06-95 . --- - 2 - in which she asked that the Commission review its snow shoveling ordinance and allow exceptions for the disabled and the elderly. Ms. Ferriter stated that since writing this letter, she has received a list of parties potentially interested in snow removal, either on a voluntary basis or for a fee, from City . Manager Wysocki. She expressed concern that compliance with this ordinance creates an undue hardship on her and several of her neighbors who are elderly. Responding to Commissioner Stiff, Ms. Ferriter suggested that the exemption process could involve an application, accompanied by proof of disability through a doctor's statement, for those pursuing that exemption. Commissioner Stiff expressed concern that the proposed exemptions would be difficult to put in place. He noted his obvious disability, recognizing that the range of disabilities is very broad. Ms. Ferriter stated that is her point, noting that while it is not evident, she also suffers a disability which prevents her from cleaning her own sidewalk. She stated that, while she feels it is appropriate to require the able bodied to clear their sidewalks as a community service, . she does not believe that the elderly and the disabled should be saddled with this burden. Commissioner Youngman noted that when this issue was discussed a couple of weeks ago, the Commissioners recognized that many of those who use the sidewalks in the winter are the elderly and disabled, who need to have the sidewalks clear. She suggested that a list of persons and non~profit agencies who are willing to assist with snow shoveling could be published, making it easier for people to obtain assistance. She stated, however, that she believes changing the ordinance would hurt more than it would help. Ms. Paddy Ferriter stated that recently, when there was heavy snowfall on three successive days, she was unable to clear the snow, except with a broom. She stated that during that time, she received a door hanger; but others in the immediate area whose sidewalks . were no better than hers did not receive hangers. She expressed concern over being unable to find someone to clean the sidewalks, and subsequently receiving a fine and having to pay the City for the cleaning, particularly since that is at a substantially higher rate than can be found privately. City Manager Wysocki noted that, in his memo of February 3, he has provided a list of three agencies who have stated a willingness to assist in snow shoveling. He cautioned that 02-06~95 - 3 - some of these agencies involve small children, noting that for them to be effective, they will probably need to live close to where they will be clearing sidewalks. He noted there is already a system in place for assisting the elderly, through the Senior Center. The City Manager stated that, while he recognizes the difficulties that might arise in . meeting the requirements of this ordinance, he feels that the ordinance is a good one that benefits everyone in the community. Mayor Pro Tempore Stueck asked that staff maintain a list of agencies and non-profit groups who are willing to provide snow shoveling assistance, and take steps to distribute that information. Decision - Conditional Use Permit for Planned Unit DeveloDment - to modify the Walker Planned Unit DeveloDment to incorcorate an additional 23.064 acres. Tract A. cas No. 1498C. located in the SW%. Section 25. T1S. R5E. MPM (1500 Reeves Road) (Z-9483) This was the time and place set for the decision on the Conditional Use Permit for a Planned Unit Development requested by Susan Taylor Nelson, under Application Z-9483, to modify the Walker Unit Development to incorporate an additional 23.064 acres located in Tract . A, Certificate of Survey No. 1498C, in the Southwest one-quarter, Section 25, Township 1 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at 1 500 Reeves Road. Senior Planner Dave Skelton provided an overview of his memo of February 2, in which he responded to the applicant's proposal for a trail system, in her letter dated January 16, 1995. He reminded the Commission that under this application, Susan Taylor Nelson and Bea Taylor propose to incorporate an additional 23 acres into the 117-acre Walker Planned Unit Development. He noted that the Planning Board has forwarded its recommendation for approval, subject to eleven conditions; and the Commission held its public hearing on August 15, 1994, after which it delayed the decision until after staff had an opportunity to address . two specific items. The first item involved the City Attorney's review of the Dolan vs. Tigard decision, and the second item involved Planning staff's review of the intent of the Walker PUD regarding open space areas, public access and implementation of a pedestrian circulation system. The Senior Planner provided background information on the Walker Planned Unit Development, which was originally approved in 1991. One of the conditions for approval of 02-06-95 - 4 - the PUD was "that the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the City-County Planning Office prior to final site plan approval and issuance of a building permit for development of the first commercial lot." The Planner noted that the condition is not an issue at this time; however, a determination on . whether the proposed circulation system is appropriate is an issue, in light of the impacts which the proposed addition of 23 acres may have on the PUD. He then reviewed the five questions to be considered at this time, noting that four of them are criteria contained in the "PUD All Development Criteria" in the zone code. The staff findings for each of those four criteria are contained in the staff report, dated February 2, 1995; and he briefly highlighted those findings. He noted that the purpose of the pedestrian walkway is to provide for safe movement throughout the subdivision. The walkway is to be developed as each lot develops; and the issue of whether that walkway should be in the public right-of-way or outside of the public right-of-way has been discussed quite extensively. The Senior Planner stated that the North 19th Avenue interchange improvements are now approximately 80 percent complete; and the tunnel which was intended to provide . pedestrian access between the two portions of the planned unit development has been eliminated. He noted that this PUD was designed as a long-range project because of its location; however, with the impending completion of the interchange, it is anticipated that development within the PUD will accelerate. He noted, in fact, that two projects are currently under review. Senior Planner Skelton noted the various uses and intensities of development proposed for this PUD, stating that the pedestrian circulation system should be consistent with those uses and intensities. He stated that the pedestrian circulation system should connect all portions of the planned unit development, becoming an integral part of the development rather than an isolated element. He also indicated that the system should connect this development . with adjacent developments. He noted that the applicant has recently submitted a proposed pedestrian circulation system for the original Walker PUD; and he feels that the Design Review Board should have an opportunity to review that proposal and forward a recommendation for Commission consideration. The Senior Planner stated that the common open space is an amenity for the entire planned unit development; and the pedestrian circulation system should provide access to that 02-06-95 -----..--. - 5 - amenity from all locations within the planned unit development. He recommended that this be accomplished through a trail system of 5-foot-wide paths constructed of %-inch road mix compacted gravel. He noted the County Road Superintendent's preference is that the system not be located within the public right-of-way; however, he has indicated a willingness to allow . that system to be located within the right-of-way, approximately one foot from the property line. This will ensure a separation between the roadway and the pedestrian system provided the appropriate documents are executed to ensure that the County is not responsible for maintaining the trail system. The Senior Planner forwarded staff's recommendations for the location of the pedestrian circulation system and the timing of construction. He suggested that segments of the trail system, where high use is anticipated, should be constructed within two years, other portions should be installed within three years or when development is 50 percent complete, and other portions, with limited use, should be installed when development is 50 percent complete. He stated that in some of the residential area, where impact is anticipated to be very low, allowing the use of the paved roads, with appropriate markings and striped crosswalks, would be . acceptable. Mrs. Bea Taylor, applicant, distributed a letter of response to the Senior Planner's memo, which she reviewed with the Commission, along with a copy of the introduction from the Walker Property Covenants. She noted that one of the Commission's directives at its last meeting was that the staff and applicant develop a compromise proposal and bring that proposal back to the Commission for consideration. She stated that, despite several efforts, they have been unable to do so. Mrs. Taylor stated that construction within the planned unit development has abided by the intent and philosophy of the subdivision; and she feels the Commission should adhere to the approved plan. She does not feel that the requirement for an elaborate trail system should . be added at this time. She then showed the Commission a copy of the trail system which was approved by the staff, which generally shows the pedestrian circulation system being located along the roadways. She expressed concern that the circulation system proposed by the Planning staff is radically different from the plan which was previously approved. Mrs. Taylor noted that they had suggested a bicycle trail along Springhill Road in their original proposal; however, that proposal was not approved because of concern for the 02-06-95 ------------------ ---- ---- -------------------- - 6 - wetlands in the northwest corner of the site. She noted that they had requested a tunnel under the overpass; but that was ultimately denied because neither the State nor the County would accept responsibility for maintenance of that section of the road. She stated that, based on the fact that the tunnel does not exist, there is no safe way to provide for the movement of . pedestrians from the southwestern portion of the planned unit development to the eastern and northern portions of the development. She stated that they also proposed an easement along US Highway 10, for use as a bicycle link between Bozeman and Belgrade in conjunction with this planned unit development; and that proposal was rejected. Mrs. Taylor noted that the landscape plan for the planned unit development was also approved, receiving high markings for the amount of landscaping to be provided. She stated that plan provided that the open space would be retained as natural open agricultural land, as a part of the theme for the development. Mrs. Taylor expressed concern about any proposal under which they would be required to provide any type of painted crosswalks or other pedestrian circulation system improvements at the intersection of the 1-90 interchange and Springhill Road, since that intersection was not . created by them. Mrs. Bea Taylor reviewed the pedestrian circulation system which they have submitted. Under that proposal, a pathway for the general public is to be provided via a 10-foot-wide strip within the 50~foot-wide landscape buffer along US Highway 10; a striped pedestrian/bicycle pathway is to be provided along the edge of the pavement on Springhill Road from US Highway 10 to Campbell Road; a future link along Reeves Road West, to be aligned and constructed as the lots develop; and a mowed pathway in the right*of-way along Reeves Road East and Campbell Road to the open space. She stated that when sufficient traffic begins to use the mowed pathways, they can be converted to gravel pathways. She then indicated the striped pathway along Kean Drive to serve the multi-family lots on that cul-de-sac; however, she noted . no pedestrian walkway is proposed along Gibson Drive, which serves only three single-family lots without frontage along Campbell Road. Mrs. Taylor emphasized the applicant's desire to retain the common open space as a natural area and asked that no pathway be required through that area. She noted that, while the common open space will probably be in some agricultural use, such as hay, to maintain weed control, she is concerned about encouraging the public to move through that area. 02-06-95 - 7 - Responding to questions from Commissioner Frost, Senior Planner Skelton stated that the plan submitted to the Planning staff in response to the conditions for the original planned unit development show the roads as the pedestrian circulation system; and the covenants and plans suggest that the system is a part of the road. He noted that County Road Superintendent . Sam Gianfrancisco has stated his preference that the pedestrian circulation system not be located within the public right-of-way; and he has been emphatic in his position that the system be separated from the road. He stated that at the present time, there is only a one-foot shoulder along the roads within the development. Mrs. Taylor recognized that she may have misinterpreted the intent of the pedestrian circulation system. She then stated that this subdivision is located in a rural setting and, "in the country, we walk down the road". Responding to Commissioner Frost, the Senior Planner stated that until now, neither the Planning Board nor the City Commission has seen the pedestrian circulation plan which was submitted to the staff as a part of the original planned unit development. Responding to questions from Commissioner Stueck, the Senior Planner indicated that . the addition of the subject 23 acres will probably have minimal impact on traffic patterns to the west because that portion of the site is zoned R-S with limited non-residential uses allowed. He then noted that through a minor subdivision, the subject 23 acres is to be divided into three lots. Mrs. Susan Taylor Nelson, applicant, stated it is her understanding that the pedestrian circulation plan submitted as a part of the original planned unit development was approved by the Planning Director. She also indicated that the subject 23 acres is to be development in accordance with the R-S zoning regulations, which means that development will be limited to three single-family dwellings under the impending minor subdivision; and two dwellings already exist. e At Commissioner Stueck's request, Senior Planner Skelton pointed out the differences between staff's proposal and the applicant's proposal for the pedestrian circulation system. He noted the majority of those differences relate to the location, type of surface and timing of installation. He stated that under the original planned unit development, the trail system was identified as an amenity that was to be installed as an up-front portion of development of the site. He noted that under staff's proposed schedule, the applicant would have up to two or 02-06-95 -- ----..- - 8 - three years to install those improvements; however, the applicant has requested that it be a part of development of each lot. He then reiterated his desire to have the Design Review Board review the proposed pedestrian circulation system before the Commission takes action. City Manager Wysocki suggested that a compromise between the two proposals . submitted be sought. He reminded the Commission that, at the present time, the Walker PUD is located in a fairly remote area, as far as other development within the jurisdictional area is concerned. He pointed out that, as additional development occurs in the area, travel to and through the subject planned unit development may increase. He then stated he does not believe that sending this issue back to the Design Review Board is necessary, particularly since the Commission is responsible for the final decision. At the City Manager's request, City Attorney Luwe reviewed the contents of his memo dated September 8, 1994. He stated that the decision in Dolan vs. Tigard does not preclude local governments from requiring dedication of land for an easement but requires that the required dedication is related in both nature and extend to the proposed development. He stated that after reviewing this particular project, he does not believe that the decision applies . because no land dedication is being sought. The City Attorney emphasized the need for separating the circulation systems for vehicles and pedestrians, stating that no matter how minimal the traffic may be, it is not appropriate to have pedestrians walking down the middle of the road. He then reminded the Commission that the impacts which the additional 23 acres may place on the improvements which were required for the original 117-acre PUD must be carefully considered. Responding to Commissioner Stueck, Senior Planner Skelton stated the staff's proposal is that the trail system be located adjacent to the public right-of-way. He emphasized the importance of having the system located outside the public right-of-way, unless the shoulder of the road is paved and wide enough to accommodate a striped bicycle lane. e Mrs. Susan Nelson noted that the County Commission has indicated that bicyclists will use the paved roads, even if a separate trail system is provided. She noted that joggers will probably use the roadways as well. City Manager Wysocki reminded the Commission that AASHTO standards require a minimum 4-foot-wide striped lane for bicycles. 02-06-95 - 9 - The City Manager summarized the differences between the proposals submitted by the staff and the applicants. He noted that the staff is recommending five-foot-wide gravel surface trails, to be installed within two to three years. The applicant is proposing four-foot-wide trails in the public right-of-way, with the less used trails to be mowed only until use warrants . graveling. Commissioner Youngman noted that staff has also recommended that landscaping be clustered around the entryway points, which is different from the original plan. Senior Planner Skelton stated that the criteria for all planned unit developments state that entryways should be emphasized; and clustering of landscaping in those areas helps to define the entrance. Mrs. Bea Taylor identified the two main philosophical differences as being whether a pathway system is to be provided through the common open space and whether clustered landscaping should be required at the entrances. She then forwarded her position that the landscaping should be done in a manner which best enhances the building site and should be addressed as each lot is developed rather than requiring clustered landscaping at the . entryways. Responding to Commissioner Stueck, Mrs. Taylor stated she does not feel that the timelines for installation of the pedestrian circulation system, as outlined by Senior Planner Skelton, are unreasonable. Responding to Commissioner Frost, the City Attorney stated that under the conditions for the original Walker Planned Unit Development, the Planning Department was responsible for approving the pedestrian circulation system. He reminded the Commission that the issue now before them is whether the request to incorporate an additional 23 acres into the PUD should be approved and, if so, whether the pedestrian circulation plan is adequate to accommodate the additional impacts from that 23 acres. He stated that if the applicant does not add the 23 acres to the original PUD, then the pedestrian plan is approved as it is. . Mrs. Bea Taylor stated that whether Susan Nelson withdraws her application to add the subject 23 acres is academic at this time; she feels it is time to reach agreement on the design for the pedestrian circulation system for the Walker Planned Unit Development. City Manager Wysocki asked that the Commissioners forward their comments on this item within the next couple of days so that staff can take them into consideration when 02-06-95 . ---------- - 10- considering the options which have been forwarded. The City Manager asked that this item be placed on the February 21 agenda for further discussion and a decision. . Presentation of recommended auidelines regarding donations of Dublic art to the City - Derek Strahn on behalf of the Bozeman Beautification Advisorv Board Historic Preservation Officer Derek Strahn reviewed the guidelines regarding donations of public art to the City, as recommended by the Bozeman Beautification Advisory Board. He noted that proposals for donations of public art are to be considered on a case-by-case basis, with the Beautification Advisory Board consulting those with the desired expertise as they develop a recommendation for Commission consideration. He noted that the criteria to be considered when reviewing a proposal include the Quality and integrity of the artwork; issues of public safety; issues of maintenance; issues of funding; general appropriateness of the piece in relation to the intended location; and compatibility of the piece with applicable ordinances, codes, regulations and guidelines. He indicated that the site for the public artwork is to be determined by the Commission, at the recommendation of the Beautification Advisory Board. . Donor suggestions will be considered and, if the donation is dependent upon its siting, such site will be approved by the Commission prior to its acceptance. He stated that the Board recognizes some artwork may be displayed on private property; and the guidelines contained a process for such placement, upon execution of the appropriate documents. The Commissioners expressed appreciation for the Board's work in developing these guidelines. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the guidelines regarding donations of public art to the City, as recommended by the Bozeman Beautification Advisory Board, and direct staff to prepare a resolution adopting them. The motion carried by the following Aye and No vote: those voting . Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Mid-year budaet review as of December 31. 1994; authorize Mayor to sian budaet amendments Administrative Services Director Miral Gamradt characterized the mid-year budget review 02-06-95 - 11 - as routine. He stated the most significant changes include the addition of three special improvement districts and one sidewalk program, in the total amount of $755,000. He reminded the Commission that since it is not known during the budgeting process how many special improvement districts or sidewalk programs will be created in a year, they are added . to the budget via the amendment process when the amounts are known. He noted that since not all of the costs for the City's move to the Law and Justice Center were paid in Fiscal Year 1994, as originally anticipated, an amendment of $60,000 is needed to cover the additional costs. Also, in light of the problems encountered in relocation of the 9-1-1 system to the Law and Justice Center, an amendment for $18,000 is required to cover those costs. At the landfill, rental of a twin engine scraper for opening of the new cell at the landfill is being added, at a cost of $47,200. The Administrative Services Director addressed the amendments to the revenue projections as well. He noted that the revenues from building permit fees are leveling off; and under these amendments the anticipated revenues will be reduced by $30,000. He noted that, even though these revenues are leveling off, the anticipated $430,000 in revenues is . substantially higher than the $100,000 received in the late 1980's. He stated that these amendments also reduce the revenues from planning reviews by $10,000, to $32,000. He noted that the revenues from gambling are being increased by $40,000 in these amendments, raising that source of revenue to nearly half a million dollars. He noted that this amount is still substantially lower than the amounts received by the other large communities in Montana. The Administrative Services Director concluded by stating that, overall, revenues and expenditures appear to be progressing as anticipated; and he does not foresee any problems. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the mid-year budget review, and authorize and direct the Mayor Pro Tempore to sign the budget amendments. The motion carried by the following Aye . and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Aooointments to Board of Adjustment It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Jody B. May and appoint Ralph W. Miller to replace Eugene Spranget, 02-06-95 .- .- -.......----- - 12 - with three-year terms to expire on December 31, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. . Aooointments to Board of Aooeals The Commission did not appoint anyone to this board, in light of the fact that they had previously decided to disband the board and due to the lack of adequate applicants. Aooointments to Bozeman Area Bicvcle Advisorv Board It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint John Preston to the Bozeman Area Bicycle Advisory Board, with a one- year term to expire on December 31, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. . Appointment to Community Development Block Grant loan Review Committee Appointment to Communitv Develooment Block Grant Economic Development loan Review Committee The Commission deferred appointments to these two committees since there were no qualified applicants for the openings. Aooointment to Desion Review Board It was moved by Commissioner Stiff that lowell Springer be appointed to replace Richard Parrish on the Design Review Board, with a term to expire on June 30, 1997. Mayor Pro Tempore Stueck yielded the gavel to Commissioner Youngman and seconded the motion. Following discussion, in which Commissioner Frost and Commissioner Youngman expressed reservations about supporting this motion at this time, it was moved by . Commissioner Stiff, seconded by Commissioner Stueck, that the vote on the motion be tabled for two weeks, until a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Commissioner Youngman; those voting No, none. Commissioner Youngman returned the gavel to Mayor Pro Tempore Stueck. 02-06-95 .--.-.--.----......-"...- - 13 - ADDointments to Senior Center Advisory Board It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Shirley Cudney to the Senior Center Advisory Board, with a two-year term to expire on December 31, 1996. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Pledged Securities as of December 31. 1994 In compliance with the provisions of Section 7~6-201 to 7~6-212, Montana Code Annotated, Mayor Pro Tempore Stueck and Commissioner Frost have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Mayor Pro Tempore Stueck reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. He stated that one of the securities, in the amount of $250,000 matured on February 1; that security has been released and replaced by a $350,000 . security which will be contained in the next quarterly listing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Pledged Securities as of December 31, 1994, listed as follows: DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1994 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with National Bank of Commerce Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 048037 $ 300,000.00 Newton, IA Bonds SRS 1989 9.50 06/01/1998 046762 150,000.00 . Sartell, Minn Indpt SID #748 4.50 02/01/1995 050936 245,000.00 Cowlitz Cnty W A SID #401 6.30 06/01/2000 048236 290.000.00 Sub-Total - First Security Bank - Bozeman $ 985,000.00 02-06-95 .__n._ _____. __._ - 14 - Pledaina Amendment to Recurchase Aareement: Trusteed with National Bank of Commerce: Fed Home Loan Banks floater 07/28/1997 052396 $ 1,000,000.00 Fed Home Loan Banks 6.625 07/10/1997 052192 800.000.00 . Sub-Total - Repurchase Agreement $ 1.800,000.00 TOT AL - First Security Bank - Bozeman $ 2,785,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1994, by the banks of Bozeman and approve and accept the same. JOHN VINCENT, Mayor JOE N. FROST, Commissioner ALFRED M. STIFF, Commissioner . DON E. STUECK, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 11 Copy of HB398, which would prohibit an incorporated city from requiring or . obtaining a waiver of the right to protest annexation. (21 Information sheet from the February 1995 edition of Opt/ow, showing the status of current USEPA drinking water regulations as of January 1, 1995, as submitted by Director of Public Service Phill Forbes. 02-06~95 ___.__. .______ ..._.u...___..__... - ------ - 15 - (3) Copy of a table published in the February 1995 edition of Governing magazine, showing the ranking of the 50 states, listing eight categories which reflect fiscal and governmental performance. (4) Agenda for the Development Review Committee meeting to be held at 10:00 . a.m. on Tuesday, February 7, in the Commission Room. (5) Agenda and packet for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, February 7, in the Commission Room, along with an amended agenda for that meeting. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 7, at the Courthouse. (7) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, February 16, in the Commission Room. (8) Listing of annexations in process, and their status. (9) Request from the Registered Nurses at Bozeman Deaconess Hospital for permission to conduct a peaceful candlelight demonstration from 7:00 to 8:00 p.m. on . February 27 on the sidewalk in front of the Courthouse, and a letter of response from Assistant Chief of Police Tymrak, dated February 3. (10) The City Manager submitted his weekly report, as follows. (1) Announced that he is working with the Montana Department of Transportation on amendments to HB249 which will be acceptable to the City, the State and the sponsor of the bill. (2) Stated he has been working with the Legislative Council to finalize the language for a gas tax bill which is to be sponsored by Senator Eck. (3) Met with the Chamber of Commerce this morning regarding legislative issues. (4) Stated that City crews are in the process of opening catch basins in the streets and are trying to do some patching whenever possible. (5) Announced that representatives from the Police Department met with a representative from US West regarding a central dispatch area. (6) Stated that the consultant's report regarding the landfill did not . contain the information expected by the State; and they are now trying to reject the report. (11 ) The City Manager distributed a letter from James Duncan and Associates to Planning Director Epple, dated February 6, stated that the cost of a supplemental agreement to the County contract to add a City street impact fee study would be $25,000. 02-06-95 -" - 16 - The City Manager noted that the Commission must decide if this is acceptable, probably at its next meeting. (11 ) Commissioner Frost stated the existing local option motor vehicle tax bill is scheduled to sunset; and a bill allowing for distribution of one-tenth of one cent to the Counties e has been proposed to replace it. He noted that. while that revenue source will generate less monies, the Counties recognize it is better than no revenue source. He stated that the League of Cities and Towns supports a bill that provides for inflationary adjustments under 1-105; and the Governor has stated a willingness to support the bill. (12) Commissioner Stiff submitted the following. (1) Attended a Board of Health meeting last week, at which soil analysis concerns were discussed. He noted the Board is scheduled to meet again on Wednesday. (2) Attended the Senior Center Board meeting. He noted that they are pursuing the possibility of an adult day care facility in conjunction with the Senior Center; and that would include an application for Community Development Block Grant monies to fund a portion of the costs. He noted that the Senior Center Board has indicated its intent to generate the 20-percent local match required for the CDBG monies. (3) Expressed his e concern that no City Commissioner has attended any of the legislative meetings or hearings at which HB297 has been discussed, even though the City Commission has forwarded the request for this bill. (4) Attended a meeting at which privatization of the Montana Law Enforcement Academy was discussed, as a possible option if the Governor's proposal is not enacted. (5) Attended a dinner at the Senior Center. He noted that approximately 250 people were in attendance; and the building was bulging at the seams. (13) City Attorney Luwe stated that the City has received a $3,474.63 check from Safeco as its prorata share of the costs of remediation for the period October 15 through December 10, 1994. (14) Clerk of the Commission Sullivan submitted the following. (1) Briefly reviewed the agenda for next week's work session, reminding the Commissioners that their lists of goals . are due in her office on W.ednesday. (2) Announced that Clean Up Bozeman is scheduled for Saturday, April 29, and asked if the Commissioners are willing to clean up at City Hall. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 02-06-95 - 17 - Authorize City Manager to sign - Annexation Agreement with Anson H. Crutcher for Babcock Place Limited Partners - 13.3 acres known as COS 3. Film 297. together with the E%. E%. NW%. SW%. Section 11. T2S. R5E. MPM (south side of West Babcock Street. north of Main Mall) (formerly Schrenk) Commission Resolution No. 3041 - annexing tract of land known as COS 3. Film . 297. together with the E%. E%. NW%. SW%. Section 11. T2S. R5E. MPM ( 13.13 acre Darcel located along the south side of West Babcock Street. north of Main Mall) COMMISSION RESOLUTION NO. 3041 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE BABCOCK MEADOWS ANNEXATION (FORMERLY REFERRED TO AS THE SCHRENK ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRI BED. Authorize City Manaaer to sign - Annexation Agreement with Anson H. Crutcher for Babcock Place Limited Partners - 10.08 acres known as the E % . W% . NE%. SW%. Section 11. T2S, R5E. MPM (south side of West Babcock Street. north of Main Mall) (formerly Barfknecht) Commission Resolution No. 3042 . annexing tract of land known as the E%. W%. NEv... SWv... Section 11. T2S. R5E. MPM (10.08 acre Darcel located along the south side of West Babcock Street. north of Main Mall) . COMMISSION RESOLUTION NO. 3042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE BABCOCK MEADOWS ANNEXATION (FORMERLY REFERRED TO AS THE BARFKNECHT ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. Authorize City Manaaer to sian - Annexation Agreement with Anson H. Crutcher for Babcock Place Limited Partners - 4.08 acres known as the west 132 feet of the E%. E%. NE%. SW%. Section 11. T2S. R5E. MPM (south side of the 3100 block of West Babcock Street) (formerly Haggerty) Commission Resolution No. 3043 - annexing tact of land known as the west 132 feet of the E%. E%. NE%. SW%. Section 11. T2S. R5E. MPM (4.08 acre carcellocated alona the south side of the 3100 block of West Babcock Street) . COMMISSION RESOLUTION NO. 3043 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE BABCOCK MEADOWS ANNEXATION (FORMERLY REFERRED TO AS THE HAGGERTY ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. 02-06-95 -- - 18 - Authorize City Manaaer to sian - Annexation Agreement with Marie G. Fellows and Willowbrook Condominium. Inc. - 19.182 acres known as Tract B. COS No. 1817 and Tract 1. cas No. 1885 (located along the south side of Durston Road between North 23rd Avenue and North 25th Avenue) Commission Resolution No. 3044 - annexing tracts of land known as Tract B. COS No. 1817 and Tract 1. COS No. 1885 (19.182 acres located along . the south side of Durston Road between North 23rd Avenue and North 25th Avenue) COMMISSION RESOLUTION NO. 3044 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE DURSTON ROAD/NORTH 25TH A VENUE ANNEXATION (FORMERLY REFERRED TO AS THE FELLOWS ANNEXA TION REQUEST) AND HEREIN MORE PARTICULARL Y DESCRIBED. Authorize City Manager to sian - Professional Services Aareement with Gaston Engineering - engineering services for Special Improvement District No. 663 (improvements to Oak Street from North 19th Avenue west to the west boundary of the public park) Authorize Mayor to sian - Construction Aareement with Montana Department of Transportation - overlayina on North 7th Avenue from West Main Street to West Oak Street . Authorize Mavor to sian - Construction Agreement with Montana Department of Transportation - upgrading of medians and installation/uparadina of sidewalks along North 7th Avenue from West Main Street to West Oak Street Acknowledge receiPt for reauest for annexation - 3.30 acre tract located in the SEY-.. Section 31. T1 N. R6E. MPM. more particularly described as Tract E-2 and Tract D. Film 5. Page 113 (north side of Bridaer Drive. west of Story Mill Road. and adiacent to the east city limits); refer to staff Accept recommendation from committee that Dain Bosworth be selected as financial advisor for $5 million aeneral obligation bond issue Acknowledae receiPt of request from Rori Rose. Jump Start Espresso. that the reauirement to connect to water and sewer services be waived; refer to staff Award of bid for two 4-door sedan police cars - Connell Chevrolet-Buick-Geo- Toyota. Inc.. Bozeman. Montana - $33.016.20 Award bid for backhoelloader for Water Department - Gallatin Eauipment . Company. Belgrade. Montana - $61.970.00 (base plus oPtions less trade) Award bid for medium-dutv dump truck for Waste Water Department - Northwest Truck and Trailer. Billinas. Montana - $39.668.00 (base plus options) Reiect all bids for compact to mid-size sedan. 2-wheel drive economy pickup and 4-wheel drive economy pickup for Building Inspection/Zoning Departments Claims 02-06-95 -------- - -------------- -- --.--- - 19 - It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner . Youngman and Mayor Pro Tempore Stueck; those voting No, none. Work session - Continued review of inDut from staff re aoals for Fiscal Year 1995-1996 Staff continued submittal of its goals for Fiscal Year 1995~ 1996 to the City Commission, in preparation for the goal-setting process. Copies of the goals had been included in the Commissioners' packets for the meeting of January 30. Following is a brief summary of the goals forwarded by the various departments. Recreation - Sue Harkin, Superintendent Goals for the department include (1) building an entry addition at the Swim Center; (2) continuing to offer quality recreation and aquatic programs; (3) training staff in lifeguard training; (4) encouraging staff to provide exceptional customer service; (5) completing the . Bogert Pool deck expansion; (6) replacing the rotten log on the west side of the Lindley Park Center; and (7) assisting the Board in meeting its goals. The goals for the Board include (1) expanding the POST plan; (2) improving relations and cooperation among local government entities; (3) investigating options for building and maintaining park and recreation facilities; (4) securing land for a regional park (100 acres); (5) continuing to foster communications and cooperation among organized recreational groups; (6) continuing to support acquisition and improvement of trail systems recommended in POST plan; and (7) getting more involved in the budgetary process. Responding to Commissioner Frost, the Recreation Superintendent stated that none of these goals are designed to replace volunteer services; in fact, the Board wishes to promote and expand the use of volunteers in its programs. . Responding to Commissioner Youngman, the Superintendent stated that the Board is currently working on maps which show where open space is to be protected. Mayor Pro Tempore Stueck noted that the Board plans to work with the County Commission on the acquisition of land for a regional park. He also noted that a recent 02-06-95 -..---- - - 20 - inventory of parkland revealed that the greatest inadequacies exist in the county subdivision, where cash-in-lieu payments have typically been accepted. Responding to Commissioner Frost, the Recreation Superintendent stated that all of the planning and zoning processes will be followed in the expansion project at the Swim Center. . She indicated that the School Board has just approved the expansion; and that was the first step in the process. City-County Planning - Andy Epple, Director The Director updated the Commission on the status of goals for Fiscal Year 1994-1995, which include: (1) administering the adopted zone code and subdivision regulations, through review of various processes; (2) completing the revisions to procedural portions of the zone code; (3) revising the subdivision regulations; (4) illustrating the zone code; (5) developing a grading ordinance for zone code; (6) developing user guide books (tip sheets); (7) finalizing the "Six Year Enhancement Program Plan"; (8) finalizing the transportation impact fee; (9) developing and implementing a critical lands inventory and regulatory policy plan; (10) assisting in revision of annexation policy; (11) appointing a study committee to conduct . a comprehensive review of the master plan; (12) appointing a study committee to review reorganization of the office; and (13) assisting in development of sewer and water master facility plans. Goals for Fiscal Year 1995-1996 have not yet been developed by the Planning Board; however, the Director anticipates that those goals will include (1) rewriting the master plan; (2) developing an affordable PUD ordinance; and (3) unfinished goals from last fiscal year. Commissioner Frost suggested that a long~range planner position be created, stating he feels that was the biggest mistake made five years ago, when the master plan was updated. He noted that, while growth has been better under the master plan update, he feels it could have been better if a long-range planner had been involved. The Planning Director stated it may be time to review the planning and zoning boundaries, and suggested it may be appropriate to establish the same boundary for both rather . than having two different jurisdictional boundaries City Attorney - Paul Luwe The main goal of his office is to return to the traditional in-house role of a City Attorney, which is a proactive role, possibly through the use of outside counsel for some litigation items. Projects to be completed in the upcoming year include several revisions and additions to the 02-06-95 ~ 21 ~ Bozeman Municipal Code, i.e., curfew ordinance, weed ordinance, animal control ordinance, infrastructure payback ordinance and truck route ordinance. City Manager - Jim Wysocki Goals include (1) supervising and facilitating accomplishment of Commission goals; (2) . effecting changes in City Court process, including parking tickets; (3) continuing to pursue mass transit options; (4) addressing parking provisions at the City Hall complex; and (5) reorganizing office locations for various City departments. Commissioner Stiff asked the Commissioners about the possibility of listening to the tape from the KBOZ interview in October, at which time Director of Public Service Forbes gave a presentation on the City's water supply and reconstruction of the Mystic Lake Dam. He also asked how a goal for this item should be addressed, given its magnitude. City Manager Wysocki stated that approximately four years ago, he suggested that the Commission establish short~term and long~term goals; and that suggestion was resoundingly defeated. The Commissioners concurred it would be beneficial to reconsider that idea at this time. . City Manager Wysocki asked that the Commissioners forward seven goals to the Clerk of the Commission by Wednesday, for consideration in the goal~setting process. The Commissioners concluded the meeting by listening to the tape of a radio interview with Director of Public Service Forbes regarding Bozeman's water supplies. In that presentation, the Director noted that Bozeman is located high in the watershed; and the quality of water is good. He noted that, overall, in the United States, dam building is a thing of the past. However, from an economic standpoint, replacement of the Mystic Lake Dam is the best alternative for providing additional domestic water to Bozeman, since there are not many high production wells in this area. He stated that Bozeman's growth rate was projected to be 1.9 percent for the City's water reservation request. The State subsequently reduced that figure . to 1 percent in reserving 600 acre feet of water in Sourdough Creek. This water reservation is in addition to the existing Mystic Lake rights which the City already has. The Director of Public Service estimated that it will take ten years to acquire the necessary approvals for construction of a new dam and two construction seasons to complete the work on the dam. He cautioned that if a new dam is not completed within forty years, the City will lose its reserved water rights in that water source. He then indicated that coordination 02~O6~95 __.__ __n_ - 22 - is currently occurring between the City, Department of Natural Resources and Conservation, Water Quality Bureau, Forest Service and Middle Creek Water Users' Association to move forward with the construction of a new dam and impoundment area. . Adjournment - 6:20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. aZ~ DON E. STUECK Mayor Pro Tempore ATTEST: .~ ;/~ ROBIN L. SULLIVAN Clerk of the Commission . 02-06-95 --.--