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HomeMy WebLinkAbout1994-10-31 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 31, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 31, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Vincent asked if any of the Commissioners wished to have any of the Consent Items removed for discussion. City Manager Wysocki requested that the deviation requested by Jeff and Debra Aldworth, the deviations requested by Simkin-Hallin, and donation of the sculpture proposed by Pat Mathiesen be removed for discussion. Minutes . Mayor Vincent deferred action on the minutes of the regular meetings of September 6, September 12, September 19, September 26, October 3, October 10, October 17 and October 24 to a later date. Announcement of new Chief of Police City Manager Wysocki announced that he has appointed Larry Conner as Chief of Police, effective November 1. He stated that Chief Conner began working as a dispatcher, then Animal Control Officer, moving into the position of patrolman in 1973. Since that time, he has moved up through the ranks, serving as Assistant Chief of Police since 1990. Chief of Police Larry Conner recounted his initial hiring with the Police Department. He stated that, upon completing his duty with the Marine Corp in February 1972, he returned to . Bozeman and began his search for employment. On his second day of searching in the downtown area, he got a parking ticket. He immediately went to the Police Department to pay the ticket and asked the guy in the white shirt behind the counter if there were any openings. Two days later, he began his employment with the Bozeman Police Department. 10-31-94 ---- - 2 - Chief Conner stated that during his entire tenure with the Bozeman Police Department, he feels the department has enjoyed the support of past and present City Managers and past and present Commissions. He noted that the Department has not always received all of its requests; however, he recognizes that the Commission must operate within budgetary . constraints. He thanked each and everyone for past support and indicated his hope that he will continue to do a good job in the future. Mayor Vincent noted support for the City Manager's appointment of Larry Conner as Chief of Police. He then noted that one of the Commission's top goals for this year, which will probably carryover to next year, involves public safety and trying to keep Bozeman a safe, high-quality place for people to live. Decision - Variance from Section 18.50.120.F(2) of the Bozeman Municioal Code - Westmain Ventures, Inc. - allow 16 of the required 22 off-street oarking soaces for retail sales - lot 4, Festival Sauare Minor Subdivision (2405 West Main Street) (C-9417) This was the time and place set for the decision on the variance from Section 18.50.120.F(2) of the Bozeman Municipal Code requested by Westmain Ventures, Inc. to allow . 16 of the required 22 off-street parking spaces for retail sales on Lot 4, Festival Square Minor Subdivision. Included in the Commissioners' packets was a letter from J. Craig McVicker of Westmain Ventures, Inc., dated October 26, 1994, requesting that the Commission delay action on this application until further notice. City Manager Wysocki noted that the subject application is for a variance to decrease the number of parking spaces by six. The applicant's representative is now indicating his desire to redesign the interior space to require only five additional parking spaces, then request waiving of those five parking spaces under the landscaping-in-lieu of parking. He then recommended that, rather than continuing this decision as requested by the applicant, the Commission continue it to November 21, which is after the next Design Review Board meeting. . He stated that if the ORB acts favorably on the second request, this application may be withdrawn. Commissioner Frost noted that in Mr. McVicker's letter, he suggests that the City Commission supports the landscaping-in-lieu of parking provision for this project. He cautioned 1 0-31-94 - --.. .--- -- - 3 - that the Commission has not taken a vote on this issue; and, until he sees a site plan, he does not know if he can support it. Commissioner Stueck stated concurrence, noting that the Commission simply identified the landscaping-in-lieu of parking provision as the most logical mechanism through which to consider the desired reduction in parking. . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission postpone the decision on this requested variance to allow 16 of the required 22 off-street parking spaces for retail sales on Lot 4, Festival Square Minor Subdivision, until November 21, 1994. The motion carried by the following Aye and No vote: those voting Aye being CommissionerYoungman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Staff report - re reauested closure of Perkins Place Included in the Commissioners' packets were a memo from Director of Public Service Forbes to City Manager Wysocki, dated October 21, 1994; a memo from Fire Marshal Winn . to City Manager Wysocki, dated October 25, 1994; and a letter from Lisa A. Banick, attorney representing Mr. and Mrs. Svehla, dated October 27, 1994. Director of Public Service Forbes noted that the Commission last considered this issue in August. Since that time, the Engineering staff has studied the topography of the area of the proposed closure to determine whether the offered 50-foot by 120-foot parcel located approximately at mid-block would be adequate to accommodate a turn-around in conjunction with a requested barrier. He noted that the information previously submitted to the Commission indicated that a 25-foot turning radius would be adequate. He has submitted some additional information from the AASTHO standards which indicates that a 25-foot radius is the minimum needed to turn a passenger vehicle; and he feels that a vehicle with a 20-foot wheelbase (the approximate size of a UPS truckl should be accommodated in the turn around . as well, which requires a 42-foot turning radius. The Director of Public Service stated that, also included in the packet, was a drawing prepared by the Engineering staff which shows how the proposed turn-around would function. He stated that drawing reveals that a vehicle could not pull into the one-sided turn-around, back out and reverse direction in a single motion. He noted that with some back-and-forth 10-31-94 - 4 - maneuvers it would be possible to turn even a single-unit truck around in the space allotted. He then recommended that if the Commission decides to allow the barricade, even on a temporary basis, this turn-around should be graveled. The Director then noted that included in the packets was a memo from Fire Marshal Winn, which raises concerns about even a lockable barricade. He stated that from his . Department's perspective, the men on the garbage trucks could unlock the gate and drive through; however, he noted that Perkins Place would drop to bottom priority for snow plowing. Responding to Commissioner Frost, Director of Public Service Forbes stated that the issue of a locked break-away barrier is one to be addressed by the emergency responders. He stated that from the tenor of Fire Marshal Winn's memo, he does not believe that the Fire Department would drive through a break-away barrier. City Manager Wysocki noted that the bumpers of the various emergency vehicles are at different heights, so no one barrier would accommodate all needs. He then reminded the Commission that the Fire Department is opposed to barricades on any streets, including North 20th Avenue. . Responding to Commissioner Youngman, Director Forbes stated that North 20th A venue is six feet wider than the right-of-way for Perkins Place. With the private driveways along the street, many people pull into a driveway and then back into the street; and the turn-around can be accomplished in one maneuver. Ms. Lisa Banick, attorney representing Mr. and Mrs. Svehla, requested additional time to review the points contained in Director of Public Service Forbes' memo, which she received last week. She stated that this additional time would allow her to verify that property owners in that area are not willing to participate in providing for this closure and accompanying turn- around area. Also, she wishes to verify the design criteria in an effort to determine whether an adequate turn-around can be provided. She suggested that additional input on these two issues may benefit the Commission in its decision-making process. . Ms. Banick noted that in the Fire Marshall's memo, he suggests that a Knox Box system be provided if a gate is installed; and she wishes to research that issue as well. Mr. Charles Swart, owner of the Skiway Apartments, stated his property is immediately to the north of the proposed turn-around. He noted that, with the low rents he charges, many young families are located in his complex. His primary concern is for the safety of those 10-31-94 --- ---... - 5 4 children; and he fears that the installation of a barricade and an inadequate turn-around will result in people backing into his parking lot instead. He noted that the property damage incurred from this type of activity can always be fixed; however, a child's life cannot. He stated that, because of those concerns, he is adamantly opposed to this proposed closure. . Mr. Rudy Svehla, 419 East Lamme Street, stated he has been reading through technical books to determine how closure of the street could best be accomplished. He noted that the right-of-way for Perkins Place is 20 feet at the south end and 30 feet for the majority of the roadway. Mr. Svehla stated he has spoken with the Post Office; and they have indicated the reason they do not deliver mail on Perkins place is because it is not maintained. He then asked that the City write a letter to the Post Office indicating that it is maintained as well as it will be and the schedule of maintenance which is being followed, in an effort to encourage them to deliver the mail to those properties fronting on Perkins Place. City Manager Wysocki asked that the Commission set a date specific for a final decision on this issue, suggesting it should be completed by the end of the month. . Mayor Vincent acknowledged the questions forwarded by Mr. Svehla, and asked that this item be placed on the November 28 agenda for action. Discussion - request from Bozeman Ponds Task Force for City to assume responsibility for improvements to and maintenance of the Bozeman Fish Ponds (with Recreation and Parks Advisory Board recommendation) - Dennis Balian. Dotimist Club Included in the Commissioners' packets were a copy of a letter from Mr. Tom Griffith, Chairman of the Bozeman Ponds Task Force, dated July 25; an excerpt from the minutes of August 22, at which this request was forwarded to the Recreation and Parks Advisory Board; and a memo from the Recreation and Parks Advisory Board, dated September 6, 1994. Mr. Tom Griffith stated the Task Force has been working to coordinate plans for development of the Bozeman Ponds area. He noted that the ponds are located on . approximately 15 acres owned by the Department of Fish, Wildlife and Parks; and it is almost connected to the City and School properties along West Babcock Street by a 2.7-acre parcel known as the air strip, which is also owned by the Department of Fish, Wildlife and Parks. Mr. Griffith stated that the Breakfast Optimists Club is interested in coordinating this project, through the Task Force. He noted that under their proposal, the City's Parks Division 1 0-31-94 - -- - 6 - would administer development and maintenance of the area around the ponds on a long-term basis, even though the property is in State ownership. He stated that the Optimist Club has donated $2,500 to the construction underway on the City and School property. He stated that, through development of the ponds and the strip of land which connects them to this park . area, he feels this property could become a valuable asset to the community and the overall park system. Mr. Griffith noted that the ponds are used by the public on a regular basis. He stated that under their proposal, the Task Force does not envision intensive development around the ponds. Rather, they propose restrooms, picnic facilities, handicapped access, a handicapped trail system and possibly some volleyball courts, to tie into the ball diamonds and soccer fields on the City and School District property. Mr. Tom Griffith asked if the City is willing to accept the responsibility of maintaining this park on a long-term basis, like it has the East Gallatin Recreation Area. He indicated that the Optimist Club has pledged $10,000 for development and $1,000 a year, for up to five years, for maintenance. He stated that if the City is willing to do so, the Task Force is willing . to facilitate the negotiations, which will include approval by the Montana Fish, Wildlife and Parks Commission. He estimated that, after full development, it will cost $8,000 a year to maintain. Responding to Commissioner Frost, the City Manager stated that Park Superintendent John McNeil has reviewed this proposal along with the Recreation and Parks Advisory Board. Commissioner Frost stated that, while he feels this is a very valuable piece of land to the City, he does not believe the Commission should make a firm commitment until after the election, since that may determine whether the City will have monies available for this purpose. Commissioner Stiff noted there was a time when Peet's Hill would have been a gift, and suggested that the Commission keep that in mind when making this decision. City Manager Wysocki cautioned the Commission that maintenance of this park would . be funded through the General Fund, which includes property tax revenues. He then noted that the State has indicated it has no monies for maintenance of the park, although he suggested it may be possible for them to provide some manpower from time to time. The City Manager then stated he has been assured that some physical changes could be made regarding the water surface on the ponds, if that becomes a problem. He then noted 1 0-31-94 ..-.- - 7 - that, while the west half of Fowler Road is ready to be constructed, he does not know when the east side of the street may be constructed. Mayor Vincent stated his concurrence with Commissioner Frost's comments. He noted that while the City cannot afford to bypass any opportunity to secure open space within the . community, he does not feel it is appropriate to take action until after the outcome of next Tuesday's election, particularly on CI-66 and CI-67, are known. Mr. Ray Heagney, Parks Operations Specialist for the Department of Fish, Wildlife and Parks, stated he has been working on this project for almost a year. He stated that, in exchange for an easement across the ponds property, the State is gaining stubs from the water and sewer mains in lieu of the standard fee. He noted that this will help to reduce the costs of converting the existing pit toilets to flush toilets as a part of the improvements for this park. Mr. Heagney stated that the ponds portion of the property was purchased with land and Water Conservation Funds. It is, therefore, encumbered with federal monies; and the FWP must be given equal value for any of the 15 acres used for any purpose, including right-of-way for Fowler Avenue. He noted that the air strip portion of the property is not subject to those . restrictions since no Land and Water Conservation Funds were utilized in that acquisition. Mr. Griffith stated that combining of the two ponds furthest to the west could be considered, with suitable landscaping placed around the single pond, to make it more suitable for fish habitat. He noted that the exact location of that pond will be dependent upon the location of Fowler Avenue. Mrs. Anne Banks, 7 Hill Street, member of the Recreation and Parks Advisory Board, stated she heartily endorses this proposal. She characterized this as an opportunity to acquire some valuable recreational land that can be easily tied to other recreational lands. Mr. Heagney stated that this area is a very low priority site for the Department of Fish, Wildlife and Parks. He noted that $200 to $300 is spent on annual maintenance, which includes pumping of the toilets and picking up garbage. . Mayor Vincent requested that this item be placed on the November 14 agenda for a decision. Discussion - administrative recart re urban renewal/tax increment financing Included in the Commissioners' packets was a memo from Assistant City Manager Brey, 10-31-94 .----- --.....-..- ... - 8 - dated October 27, 1994, providing an update on the proposed urban renewal/tax increment financing district. Assistant City Manager Ron Brey reminded the Commissioners that a couple of weeks ago, they received letters from the Downtown Bozeman Association (DBA) and the Downtown . Improvement Steering Commitlee IDISC), requesting that the City move forward with the creation of a tax increment financing district which includes the entire downtown area. He noted that a map of the area is attached to his memo. He then briefly reviewed the contents of his memo, noting that in 1991, the Commission determined that the staff should investigate the feasibility of creating an urban renewal program. He stated that staff reviewed the conditions in the heart of the community, particularly in light of the statutory definition of "blighted area". He noted that those conditions which qualify as blight include (1) the existence of conditions which endanger life or property through fire, (2) deterioration in public improvements, i.e., water, sewer, storm drainage, streets, sidewalks and lighting, and (3) age obsolescence of buildings. He also noted that many of the buildings in the study area, because of their age, do not meet the requirements contained in the latest Uniform Building Code, . Uniform Fire Code and Americans with Disabilities Act. He also noted that issues of contamination exist within the proposed district, including asbestos at the old CMC site and potential problems with underground storage tanks. The Assistant City Manager stated that, in response to the Commission's direction in 1991, staff investigated the area and prepared a report. In light of the letters recently received from the DBA and the DISC, he is prepared to update that report unless otherwise directed by the Commission. After that report is updated, he will submit it to the Commission, at which time they must find that blight conditions exist and that the creation of an urban renewal program is necessary to remedy those conditions. The next step is then to create an urban renewal plan, which will be submitted to the Planning Board for review to ensure that it is in compliance with the master plan, then to the City Commission for final consideration. . The Assistant City Manager stated the timetable for this process is not really known at this time because it is difficult to put a specific timeframe on each step. He then stated that, unless otherwise directed by the Commission, staff plans to begin updating of the 1991 study immediately. He noted that, if all goes well, that update could be completed by the end of this month. 10-31-94 - 9 - Assistant City Manager Brey noted that the type of plan to be generated must be determined prior to its development. He noted that plans can range from very general, requiring the development of supplemental annual project lists and work plans to very specific, requiring little maintenance through the life of the district. He stated that a general plan requires considerably less time to develop initially than a more specific plan. . Mr. Steve Schnee, Chairman of the DISC, encouraged the Commission to allow Assistant City Manager Brey to move forward with this project as quickly as possible. He noted that the downtown is a vital part of the community, although it is rapidly becoming the eastern portion of the community rather than the center of the community. He stated that for the downtown to remain viable, it is important to address the infrastructure needs, which are very expensive and should not be borne by the individual business owners. Mr. Chris Pope, President of the DBA, stated that approximately one and one-half years ago, the membership of the Downtown Bozeman Association forwarded its support for the creation of an urban renewal district; and that is their highest priority for this year and next year. He then stated the DBA is willing to provide whatever support is needed to move this . process forward. The Commissioners encouraged Assistant City Manager Brey to move forward with this process as quickly as possible. Break - 3:57 to 4:02 p.m. Mayor Vincent declared a break from 3:57 p.m. to 4:02 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - reauest for additional fundina for laving of tracks for cross country skiing in Lindlev Park and the cemetery Included in the Commissioners' packets was a memo from Laurita Garwood, Recreation and Parks Advisory Board, dated October 12, 1994, requesting that the Commission increase . the amount of funding for setting of tracks for cross country skiing in the Lindley Park area by $1,000. City Manager Wysocki reminded the Commission that this issue was submitted to him during the budgeting process. He did not include it in his budget recommendations to the 1 0-31-94 ----- - 10 - Commission; and the Commission did not add it as a result of the work sessions they conducted on his recommendations. He reminded the Commission that $1,000 was set aside in the Recreation budget for this activity, as has been in the past few years. He suggested that if the Commissioners choose to approve this request, the monies could be taken from the . $5,000 in the Commission's "other" line item for board requests. Mr. Herb Davis, Director of the nordic ski programs, stated that for the last several years, they have set tracks in Lindley Park and the undeveloped portion of the cemetery for cross country skiing. He stated that last year, there were over 4,500 skiier visits in and around Lindley Park, with those skiiers ranging in age from three years old to residents of Hillcrest. He stated that since the cross country ski club is a non.profit organization, much of their effort is devoted to fund raising. Curre ntly, they receive $1,000 from the Recreation Department budget to offset a portion of the $3,000 to $6,000 in costs which they incur annually. He stated that, due to projected revenues and expenditures, the club is projecting a $1,000 shortfall; and that is the reason they are seeking additional funding from the City. Mr. Davis stated that the club currently sells "Ski Lindley" buttons for $10; and it . essentially serves as a pass for skiiers in Lindley Park. He estimated that 35 percent of the skiiers do purchase buttons, which generate an annual revenue of $600 to $1,000. He noted, however, that many people are under the mistaken impression that this program is a City program and do not purchase the buttons. Mr. Davis noted that the ice skating program, which has 10,000 to 12,000 skater visits annually, receives approximately $10,000 in City support each year. He asked that the Commission consider increasing its support for the ski program, since it is also a program enjoyed by people of all ages and provides a significant recreational amenity inside city limits. Commissioner Frost suggested that better marketing of the buttons, possibly drawing attention to those buttons through the use of posters, could result in the sale of more buttons. He noted that when working at Cactus Records, he did sell buttons; but most customers did . not even know they were behind the counter. Mr. Davis stated that marketing costs money. He noted that $500 can be a large amount of money to spend on this type of activity, particularly for a non-profit organization that is struggling to make ends meet. He did agree, however, that better marketing of the buttons could result in additional revenues. 10-31-94 -..- - 11 - Responding to Commissioner Stueck, Mr. Davis stated the County does not contribute toward this program; and he has not approached them for money. Commissioner Stueck stated that, based on the assumption that county residents take advantage of the cross country ski trail system, he feels the County should contribute monies toward the program as well. . Responding to questions from City Manager Wysocki, Mr. Davis stated that tracks are set along the east side of Lindley Park and in the undeveloped cemetery land to the east and south of the cemetery. He then indicated that these areas receive the most snow in the community, typically have north slopes and provide the best cross country skiing opportunities available. He indicated that the club has looked at the East Gallatin Recreation Area and, while it is more protected, the snow conditions are not as good as in Lindley Park. Mrs. Anne Banks, 7 Hill Street, Recreation and Parks Advisory Board, stated the Board supports this request. She noted, from personal experience, that a substantial number of people use the cross country ski trails because they are convenient. Ms. Cheryl Chadwick, Chair of the Nordic Ski Club, stated that they enjoy setting the . trails; and many people enjoy them because of their convenience. She then asked the Commission to approve this request, since raising of funds to continue this service is difficult. Mr. Andrew Gerlach, 612 North Bozeman Avenue, stated he is in charge of raising funds for the club. He acknowledged that better marketing of the "Ski Lindley" buttons could result in increased revenues from that source. He noted that much of the revenue generated from the various fund raising activities conducted by the club, such as the ski swap, go toward setting of the ski trails. He then indicated his intent to pursue better marketing and approaching the County Commission for funding as possible revenue generators. He cautioned, however, that he is not sure the County Commission will contribute to funding of a program in a City park. Commissioner Stiff cautioned that, in light of the initiatives on the ballot, the . Commission may not have discretionary funds in a couple of weeks. Mayor Vincent suggested that CI-66 and CI-67 will not become effective this fiscal year, even if they do pass. He cautioned, however, that their passage could eliminate the potential for the City to fund this activity in future years. 10-31-94 - 12 - Commissioner Youngman stated her interest in approving this request, in this year's budget. She noted that future budget years must be addressed as they arise. Mayor Vincent stated his support for this request. He noted the importance of encouraging lifetime sports, such as this. . Commissioner Frost requested a review ofthe monies committed from the Commission's "other" line item in this fiscal year. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission authorize the expenditure of $1,000 from the Commission's "other" line item for setting of cross country ski tracks, as requested by the Nordic Ski Club. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Deviation from Section 18.34.050 of the Bozeman MuniciDal Code - to allow new structure to encroach 10 feet into the reauired 50-foot front yard setback - 2430 North 7th Avenue - Jeff and Debra Aldworth (Z-94126) . Associate Planner Dale Beland briefly reviewed the background information for this application, noting that it is an application to construct a new 13,000-square-foot building for light industrial uses at 2430 North 7th Avenue. He stated that the access driveway is to be a common driveway with the business to the south. He stated that the deviation to allow the new building to encroach ten feet into the required 50-foot front yard setback is created by the fact that the Montana Department of Transportation acquired an additional 23 feet of frontage along this property as a part of the new railroad overpass construction. Also, because of unique topographical characteristics of the site, and unstable fill conditions along the northwest portion of the site, the building must be located as close to the edge of the property as possible. He noted that, even with its proposed location, the building is still 130 feet from the centerline of the highway and is substantially set back from the edge of the roadway. He . stated there is a precedent set for encroachment into the front yard setback, through approval of a business further south to encroach into that setback as well. Commissioner Frost stated he had requested this item be removed from the consent items because copies of the conditions recommended by the staff and minutes from the Design Review Board were not included in the Commissioners' packets. 10-31-94 - 13 * Associate Planner Beland distributed copies of the letter he had written to Mr. and Mrs. Aldworth, listing the conditions for approval, to the Commissioners for their review. Commissioner Frost asked that the language in Condition No.5 be revised to coincide with the language contained in the zone code pertaining to the shielding of lights. He then . noted that during the DRB meeting, there was discussion about illumination of the freestanding sign. He stated the applicant has indicated that the sign is to be lighted from the interior; however, he feels that a condition should be added to ensure that it meets the code. Commissioner Frost also asked about the common access easement. He noted that the applicant indicated during the DRB meeting that no parking would be allowed in the access; however, the conditions forwarded by the DRB indicate that parking will be allowed. Associate Planner Beland responded that the Development Review Committee, at its final meeting on this application, concluded that with a 33-foot-wide improved right-of-way, there is ample space to accommodate on-street parking. He then noted that research has revealed that the common access easement is 40 feet wide. Commissioner Frost noted that, while Planner Beland has done a good job of covering . all of the issues to be considered under the design objective plan for entryway overlay corridors, the minutes do not indicate that the Design Review Board discussed those issues. Commissioner Stiff questioned whether the Commission needs to add conditions which require that specific segments of this application are done according to the code. City Attorney Luwe responded that Commissioner Frost's intent is to ensure that the applicant is aware of the code requirements, in an effort to avoid any confusion. At City Manager Wysocki's suggestion, the Commissioners took a few minutes to review the recommended conditions for approval of this application, so they can be prepared to make a decision at this meeting. Commissioner Frost stated that his questions and concerns seem to be addressed in the recommended conditions. . Associate Planner Beland stated that, in response to the work session conducted last week, staff will make a conscious effort to track DRB discussions more closely, to ensure that the minutes of the meeting and the recommended conditions can be easily followed. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the deviation from Section 18.34.050 of the Bozeman Municipal Code, 1 0-31-94 - 14 - to allow a new structure at 2430 North 7th Avenue to encroach ten feet into the required 50- foot front yard setback, requested by Jeff and Debra Aldworth, under Application No. Z-94126, sUbject to the following conditions: 1. That in accordance with Design Objectives Plan Guidelines B.7 (All Corridors), use of bright colors shall be limited to accents; . 2. The landscaping plan shall be revised to incorporate additional trees and other landscape material within the right-of-way area adjacent to the west property line, subject to the approval of the Montana Department of Transportation; 3. Project signage shall be limited to the 6-foot by 8-foot freestanding monument sign at the street corner, plus the attached building sign above each entry (as shown on the elevation drawings). If the freestanding sign is internally illuminated, the fluorescent lighting shall be limited to 800 milliamps; if it is externally illuminated, any direct light used for the illumination of the sign shall be shielded so that the beams or rays of light will not shine directly unto surrounding areas; 4. In response to site conditions along the North 7th frontage, the site plan shall be revised to relocate the sidewalk away from the property line, to a new location 10 feet from the building; 5. Light fixtures shall be installed in the northeast parking lot. A detail of all light fixtures shall be provided on the final site plan. All light fixtures shall be arranged to deflect light down and/or away from adjoining properties and streets. Lighting standards shall not exceed 20 feet or the . height of the structure, whichever is lower. Lighting fixtures must incorporate cut-off shields to direct light downward. Luminaires shall not be visible from adjacent streets or properties. Fixtures must be compatible with architectural and site design; 6. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE), licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Health and Environmental Sciences. The applicant shall also provide professional engineering services for construction inspection, post construction certifications, and preparation of Mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted; 7. Sewer and water services, including all fire hydrants within 500', both existing and proposed, shall be shown on the final site plan and approved . by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant; All water and sewer mains, service lines, and easements, both existing and proposed, shall be shown on the final landscape plan; 8. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), 10-31-94 M 15 - stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan; A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property; . 9. All other infrastructure improvements including public or private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to occupancy. No building permits will be issued prior to completion and acceptance of the water and sewer improvements; 10. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line POlicy by a Professional Engineer, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of Mylar record drawings; 11 . A fire sprinkler system shall be installed as required by UFC Article 10 Section 507 and 508. Sprinkler design and installation will meet the requirements of the appropriate section of the UBS standards and NFPA 13. Plans and specifications shall be submitted to the Fire Marshal for review and approval prior to construction. Acceptance tests shall be as outlined in the Bozeman Fire Department's standard for sprinkler system review and acceptance; . 12. Owner will install an approved key box containing keys necessary to gain access to the sprinkler valve room and any alarm panels provided. Key boxes installed shall meet the requirements of the Bozeman Fire Department's key box policy; 13. Accurate, dimensioned detail of domestic water meter location on inside of building must be shown on final site plan; 14. Accurate, dimensioned detail of fire service riser location inside of building must be shown on final site plan; 15. The location of existing water and sewer mains shall be properly depicted, as well as the nearest fire hydrant(s). Proposed main extensions shall be noted as "proposed". Continued, driveable access to fire hydrant must be maintained; 16. A Pretreatment Program Sanitary Sewer Survey shall be completed by the applicant and submitted to and approved by the City Engineer prior to final site plan approval; 17. A sewer service sample manhole shall be provided on the sewer service. . Location shall be identified on the final site plan and a detail for the unit shall be provided and approved by the City Engineer; 18. Any floor drains proposed for the building interior shall be shown on the final site plan. Floor drains located in a vehicle accessible area shall be provided with a City standard grit/oil separator approved by the City Engineer. A detail for the grit/oil separator shall be provided with the final site plan. Due to the difficulty and expense in providing proper maintenance and disposal of waste associated with a separator, the City 1 0-31-94 - 16 - Engineering Department encourages the applicant to seriously consider operating the structure as a "dry shop"; 19. All existing utility and other easements must be shown on the final site plan; 20. The drive approach shall be constructed in accordance with the City's standard approach (Le. concrete apron, sidewalk section, and drip-curb) . and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval; 21. City standard sidewalk shall be installed and properly depicted at the standard location (Le. one foot off property line) along the private street frontage; 22. Typical curb details (Le. raised and/or drop curbs) and typical asphalt paving section detail shall be shown on the final site plan and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and be adequately identified on the final site plan; 23. An access permit from the Montana Department of Transportation must be obtained and documentation thereof provided to the Planning Director prior to approval of the final site plan; 24. Curbside parking along the private street will be allowed subject to recordation and maintenance of the required 33' wide common access easement shared with the abutting property owner; 25. Adequate snow storage area must be designated outside the sight . triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's Office); 26. Drive approach and public street intersection sight triangles, in accordance with Section 18.50.080, shall be shown on the final site plan and maintained free of plantings which, at mature growth, will obscure vision within the sight triangle; 27. A temporary form of the street/road address shall be displayed at all times during construction of the building, and a permanent address shall be displayed upon completion of the development; 28. The required number and configuration of off-street parking spaces and handicapped parking spaces shall be provided in accordance with Section 18.50.120 of the Zoning Ordinance unless a variance or deviation is granted by the governing body; 29. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) and Design Review Board (ORB) shall be submitted for . review and approval by the planning Director within six months of the date of DRC and ORB approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 30. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement; 10-31-94 - 17 - 31. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but no concrete may be poured until a building permit is obtained; and . 32. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Deviation from Section 18.34.020.C and Section 18.50.070 of the Bozeman Municipal Code to allow outside storage yard with 8-foot-high Dost and wire fence. which exceeds the 4-foot height limitation in a corner side yard or front yard and does not screen the storage area - Avocado and Plum - Simkins-Hallin (Z-94127) . Assistant Planner Lanette Windemaker briefly highlighted the staff report. She stated that the applicant, Simkins-Hallin, has filed an application to allow expansion of their existing outdoor storage yard along Avocado Street near its intersection with North Plum Avenue. She stated that under this expansion, the existing 45,OOO-square-foot storage area would be expanded by 6,750 square feet located between the existing storage area and Avocado Street. She noted that the applicant has proposed a four-foot-high berm along the outside of the fence, to minimize the visual impacts of this outside storage area. The Assistant Planner then reviewed the requested deviations, as follows: 1. From Section 18.34.020.C., to allow an outside storage area, as an accessory use, without being screened with a solid fence or dense plantings; and 2. From Section 18.50.070, to allow a fence in a corner side yard or front . yard to exceed the four-foot height limitation. Assistant Planner Windemaker stated that the Design Review Board reviewed this application and recommended approval, subject to the condition that a landscape plan for the front yard setback along Avocado Street be submitted within two years, and that the work be completed within nine months from approval of the plan. 1 0-31-94 -- - 18 ~ At Commissioner Frost's request, the Assistant Planner suggested that the condition could be amended to require that dense landscaping, six feet tall, be planted along the front yard setback along Avocado Street. Assistant Planner Windemaker stated that today, the Planning office received a letter . from the neighborhood regarding the Design Review Board recommendation. She read that letter into the record, which indicates that trees and shrubs were removed and the area prepared for storage. The neighbors are concerned about the weeds which have been allowed to grow along the berm. They requested that the applicant be required to install landscaping simultaneously with the fence, and that the process be completed in early 1995. The neighbors argue that they have had this storage area in their area for eight months, and by the time the fence and landscaping is installed under their proposal, fourteen months will have passed. They are also concerned about the additional traffic impacts that this requested expansion of the storage yard will have on the adjacent neighborhood. Commissioner Frost asked about the height of the fence. He noted that the applicant's request and the staff report refer to an 8~foot-high fence. He stated, however, that the . applicant has also indicated his intent to match the existing fence, which is 7 feet high. He then expressed his interest in adding a condition which will limit the new fence to 7 feet, so it matches the existing fence. Commissioner Frost then recognized the need for some sort of screening. He noted that under the proposed condition, landscaping is not required for two years and nine months; then, it must grow to become effective. He recognized that requiring landscaping will create a hardship for the applicant since there is no water on the subject site; however, he feels it is important to install some landscaping in conjunction with the fence. He recognized the applicant's efforts to work with the neighborhood over the years and asked that he do so on this issue as well. Mr. Tom Simkins, applicant, stated that the main reason that he purchased the subject . parcel and sought expansion of this outside storage area was for the northeast neighborhood. He noted that, in the past, trucks have used Broadway Avenue and Plum Avenue to access the storage yards; and under this application, those trucks will be able to access the site by using Avocado Street. He characterized this as a small project, particularly when one considers that the existing storage yard contains 45,000 square feet; and this application is to add 6,750 1 0-31 ~94 - 19 - square feet. He then stated that, while he owns two parcels within this block, he does not own the parcel in the middle of the block. He noted that he is currently in the process of trying to acquire that parcel; but he does not know when that process will be completed. He indicated that, while he is willing to provide landscaping to help screen this yard, he does not . wish to incur the costs of planting until he knows how much property he has and how it will be utilized. Mr. Simkins stated that he was aware of the neighborhood concerns when he was preparing the new site for storage; and that is one of the reasons he provided the four-foot-high berm along the Avocado Street frontage. He noted the importance of having a post and wire fence around this outside storage area, stating that it allows for better visibility for the security company which patrols. He noted that in this area, there is a potential of hobos from the railroad to hide around or near his storage area; and he is concerned about the potential for fire. He also noted that the visibility provided with a wire fence helps to decrease potential for vandalism in the yard. Responding to Commissioner Youngman, Mr. Simkins stated there is no water on the . site. He then indicated that the costs of installing a fence are minimal, particularly when compared to the costs of extending water mains to the site and installing landscaping. He indicated that if immediate installation of landscaping is required, it will probably kill this project, indicating he wants the two-year delay as recommended by the ORB. Responding to City Manager Wysocki, Mr. Simkins indicated a willingness to maintain the berm area and keep the weeds cut until the landscaping is installed. Responding to Commissioner Youngman, Assistant Planner Windemaker stated that landscaping is usually required in conjunction with approval of an application, rather than being deferred. She noted that in this instance, the applicant requested an unlimited delay; however, she suggested that the ORB establish a time limit, possibly two years. Commissioner Stiff stated he feels it would be appropriate to approve this application . as recommended by the Design Review Board. He noted that, given the uncertainties surrounding acquisition of the contiguous parcel, he feels it would be inappropriate to require the installation of landscaping at this time. City Manager Wysocki suggested that the recommended condition could be amended to require that a landscaping plan be submitted within two years or upon acquisition of the 10.31-94 ----- .----- - 20 - contiguous parcel, whichever occurs first, and that the required landscaping be installed within nine months from approval of the plan. He noted that this would address Mr. Simkins' concerns while possibly providing for a shorter timeframe for installation of the landscaping. Commissioner Frost stated he feels that with berming, shrubs and trees, the outside . storage area can be screened while providing adequate visibility for security purposes. He also indicated that he supports the City Manager's proposed revision. The City Manager cautioned that there is no water on the site; and estimated that the costs of extending an 8-inch water main to the parcel would be extremely high. Responding to Commissioner Stueck, Mr. Simkins stated he has always anticipated that the City water services would be extended to the subject parcel some day. He then indicated that he has not considered the drilling of an irrigation well because of the anticipated use of City services on the site. Commissioner Youngman suggested that the applicant plant some type of low maintenance, natural vegetation on the berm which does not require additional water, in an effort to minimize noxious weeds and provide a more appealing view. She noted this could be . accomplished at a very nominal cost. Commissioner Stiff stated he feels that with Mr. Simkins' commitment to cut the weeds on the berm until the landscaping is installed, many of the concerns which have been expressed will be eliminated. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the deviations from Section 18.34.020.C. and 18.50.070 ofthe Bozeman Municipal Code to allow an outside storage area to be enclosed by an 8-foot-high post and wire fence, requested by Simkin-Hallin, under Application No. 2-94127, subject to the following conditions: 1. That a landscaping plan for the front yard setback along Avocado Street shall be submitted to the Planning Director for approval within two (2) years or immediately upon acquisition of the contiguous parcel, . whichever occurs first; and the required landscaping shall be installed within nine (9) months of the approval of the landscaping plan; . 2. That the height of the new post and wire fence shall be limited to seven (7) feet; and 3. That the applicant control the weeds on the berm by mowing the vegetation on a regular basis. 10-31-94 - - - 21 - It was moved by Commissioner Youngman, seconded by Commissioner Stueck, that Condition No.3 be amended to read "That the applicant plant native vegetation on the berm in an effort to control the weeds, and maintain the berm by mowing the vegetation on a regular basis." The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Youngman, Commissioner Stueck, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No, none. The main motion, as amended, to include the following conditions: 1. That a landscaping plan for the front yard setback along Avocado Street shall be submitted to the Planning Director for approval within two (2) years or immediately upon acquisition of the contiguous parcel, whichever occurs first; and the required landscaping shall be installed within nine (9) months of the approval of the landscaping plan; 2. That the height of the new post and wire fence shall be limited to seven (7) feet; and 3. That the applicant plant native vegetation on the berm in an effort to control the weeds, and maintain the berm by mowing the vegetation on a regular basis. then passed by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those . voting No, none. Acceptance of Pat Mathiesen's offer to donate her "Sacaiawea" sculpture for the North 7th Avenue SculDture Park. Der Beautification Advisorv Board recommendations Commissioner Frost stated he had asked that this item be removed from the Consent Agenda because of his concern that this proposed sculpture has not been subjected to the same process as the last art piece considered by the Commission. He noted that in the previous process, a committee of professional artists was appointed, which went through a stringent screening process before forwarding its recommendations to the Beautification Advisory Board, the Design Review Board and then the City Commission. He emphasized the importance of having a specific process and a pOlicy under which public art will be selected; . and he is concerned that this offer has not gone through the process. Commissioner Frost noted that under the offer before the Commission at this time an artist is offering to donate a piece of sculpture to the City, with stipulations on where that piece is to be located. He noted that, while the Beautification Advisory Board has 10-31-94 ---- - -- - 22 - recommended acceptance of this sculpture, several members of the Design Review Board forwarded comments of concern during its informal review of this proposal. Commissioner Frost stated that, from the photographs he has seen of the "Sacajawea" sculpture, it appears to be a good piece. However, his concerns revolve around the process . for selecting public art. He noted that this sculpture is a 6-foot sculpture, which is human size; and it is to be placed on a 4-foot base. He expressed concern that when driving down North 7th Avenue at typical speeds, many people will not even see the sculpture, let alone appreciate it. He then stated that, while he finds no fault in this piece, the development of a policy and a process for accepting public art is essential. Mr. Derek Strahn, staff member for the Beautification Advisory Board, stated that after the Commission made its decision in August to let the contract with Gary Bates lapse, Ms. Mathiesen forwarded her willingness to donate the "Sacajawea" sculpture to the City, at an estimated value of $60,000. He stated that the Beautification Advisory Board took several steps in considering this offer, including discussions with the Park and Recreation Advisory Board, the Director of the Native American Studies program at MSU, and the President of the . MSU Indian Club; and all of them were supportive of the piece. He noted that, based on that input, the Board has voted unanimously to recommend that the Commission accept this offer. The Board further recommended that the sculpture be placed on a 4-foot by 4-foot by 4-foot concrete block, and that the mound around that block be landscaped and surrounded with wild flowers. Appropriate lighting of the statue was also encouraged. Mr. Strahn stated that the Beautification Advisory Board forwarded this item to the Design Review Board for an informal review, which was the same process utilized for the semi- finalists in the previous process. He stated that, in general, the DRB members seems to be supportive of the idea and the donation. While they recognized the beauty of the piece and the craftsmanship, some concerns were expressed. He stated that those generally pertained to whether this is the most appropriate piece of art for this site, the scale of the piece, and the . precedent which acceptance of this piece might set. Mr. Strahn suggested that the minutes from the Design Review Board meeting may be misleading. He stated that their position was one of general support and, while the minutes don't reflect it, there was a consensus that it would be appropriate to accept this donation. 10-31-94 - 23 - Responding to Commissioner Stiff, Mr. Strahn stated that the artist has requested that this sculpture be placed on the existing mound in the Sculpture Park, and that it not be relocated within that park or in another park. Responding to Commissioner Frost, Mr. Strahn stated he does not feel competent or . qualified to select public art. He noted that the suggestion from the DRB that criteria be set is a good one, and one which is supported by the Beautification Advisory Board. He noted that in this instance, the piece to be donated appears to be quite acceptable to the general public, and particularly to Bozeman's Native American community. Commissioner Frost questioned on what basis the Commission is to consider acceptance of this piece, since it has no policy or process in place. Mr. Strahn suggested that, through careful review by each of the applicable advisory bodies, with final decision authority resting with the City Commission, he feels it would be possible to consider each piece of art on an individual basis. Ms. Claudia Foster, Chair of the Beautification Advisory Board, stated she does not feel that the minutes from the ORB meeting are an accurate reflection of what occurred. She then . stated that development ofthe Sculpture Park has been on the Board's agenda since 1989; and she feels the "Sacajawea" sculpture would be a good choice to encourage further development of that site. She also noted that with this piece, it might be possible to attract people to the site, possibly getting them to stop for a few minutes. Ms. Pat Mathiesen stated that, while she likes all kinds of art, her style is representational. She stated that, in her opinion, the North 7th Avenue Sculpture Park would be an appropriate setting for her six-foot-high "Sacajawea" sculpture. She noted that the monies for this project have been raised through the sale of forty miniatures of this statute. She suggested that, with this sculpture being placed in the Sculpture Park, additional beautification projects along North 7th Avenue could be encouraged. Ms. Mathiesen provided her vision of the setting for her "Sacajawea" sculpture. She . stated it would be placed on a four-foot by four-foot by four-foot concrete block, buried into the existing mound at the Sculpture Park. The mound could then be built up as needed, to provide a flat surface around the top of the block, with Sacajawea mounted on the block. Wild flowers could then be planted around the base of the sculpture and on the edges of the landscaped mound. She suggested that care should be taken to ensure that people could 1 0-31-94 - 24- approach the sculpture from the back of the mound, possibly keeping in mind that people may wish to stand next to the sculpture for taking of pictures. Ms. Mathiesen stated that, although the sculpture is only six feet tall, she believes it will attract a substantial amount of attention, since Sacajawea is a famous figure who walked . through these hills. She noted that with plaques strategically located, this could become an educational tool; and additional art pieces could be located in the park behind this mound, thus attracting people to stop and look a little longer. She also suggested that, through the development of winding paths and benches in the park, people could be attracted to the site. Ms. Mathiesen stated that sale of the smaller bronzes to cover the costs of this larger bronze was quite easily accomplished, particularly with the support for this project which she has received from members of the community. She recognized that she may not have followed the process that the Commission would have preferred; however, she encouraged the Commissioners to accept her offer. Responding to Mayor Vincent, Ms. Mathiesen stated she recognizes that the six-foot- high statute will, indeed, appear quite small when placed outside. She noted, however, that . in reality, the statute is approximately one and one-quarter actual size, since all accounts suggest that Sacajawea was no more than five feet tall. Ms. Mathiesen stated she feels that, with the reviews of the Beautification Advisory Board and the Design Review Board, and with those reviews being forwarded to the Commission for final action, there are adequate safeguards to ensure that appropriate pieces of art are located within the Sculpture Park. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, noted that there is a precedent for accepting this type of offer, citing the Story sculpture in Lindley Park as an example. Mayor Vincent stated his enthusiastic support for accepting donation of this sculpture, noting that he has been impressed by the substantial amount of community support which it . has received. He reminded the Commission that he had abstained from voting on the Bates sculpture. He then stated agreement that a policy must be established, to ensure that inappropriate art is not allowed in public areas. Mayor Vincent suggested that the Commission consider a rather traditional approach to obtaining art, through commissioning of a piece from a specific artist, or put acceptance of a 10-31-94 - - 25 - piece of art to a vote of the people. He stated that in this instance, he is willing to accept the donation of this sculpture, noting it has been completed by a nationally reputed artist, is historically relevant, and has been endorsed by those with Native American heritage. Commissioner Youngman stated she has served as Liaison to the Beautification Advisory Board for almost a year, and has followed the process utilized by the board, listening to their . questions and considerations carefully. She then stated that, while she agrees it is important to establish a policy before any more art pieces are accepted; however, she feels it is appropriate to accept this sculpture as a part of the Sculpture Park. She suggested that, in the future, this sculpture could possibly be used to leverage grant monies for further development of the park. Commissioner Youngman stated that the Beautification Advisory Board is willing to draft a policy for Commission consideration. She suggested that if the Commission wishes to accept that offer, it may also wish to forward the request with some ideas about items to be included in the policy. Commissioner Stueck stated his support for accepting this sculpture. He noted that, . nowhere in any of the back-up information, has anyone suggested that this sculpture represents Bozeman, which is the reason he did not support the previously selected sculpture. He stated that having Sacajawea standing at the entrance to the Sculpture Park symbolizes a leader and, hopefully, will draw interest to the park. Commissioner Frost stated he feels this is a great gift to the City. He stated that, while he really liked the Gary Bates sculpture, he thinks this a very beautiful piece; and he appreciates the artist's willingness to donate it. He stated that, while is not comfortable with the process, he feels the Commission should accept the donation. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission accept the donation of the Sacajawea sculpture for the Sculpture Park, offered by artist Pat Mathiesen. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. 10-31-94 ---.- -....... - 26 - Discussion - reauest for being Dlaced on a list for mailina/faxina of agendas for weeklv Commission meetings City Manager Wysocki requested that, due to the late hour of the meeting, this item be deferred to next week's meeting. Commissioner Youngman stated she has some questions to which she needs answers . prior to making a decision on this item. Following a brief discussion, Mayor Vincent requested that this item be placed on next week's agenda for discussion. Pledaed Securities as of SeDtember 30. 1994 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Stiff and Commissioner Stueck 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. The inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the . Commission approve the Pledged Securities as of September 30, 1994, listed as follows: DEPOSITORY BONDS AND SECURITIES SEPTEMBER 30, 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 WA SID #401 6.30 06/01/2000 048236 290,000.00 . Sub-Total - First Security Bank - Bozeman $ 985,000.00 Pledaina Amendment to ReDurchase Aareement: Trusteed with National Bank of Commerce: Fed Home Loan Banks floater 07/28/1997 052396 $ 1,000,000.00 10-31-94 -. ~ 27 - Fed Home Loan Banks 6.625 07/10/1997 052192 800.000.00 Sub-Total ~ Repurchase Agreement $ 1.800.000.00 TOTAL - 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 September 30, 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 Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Don Artley, State Forester, to Neighborhood Coordinator Goehrung, dated October 25, announcing that the City has been awarded a $5,000 SBA Tree Planting grant. (2) Notice of the Election Day holiday next week, and the impact that has on . scheduling of the DRC and DRB meetings. (3) Copy of comments from Ilene Brissonneaud, owner of property at 523 North 20th Avenue, expressing concern about paying the street maintenance fee for North 20th Avenue when that street is barricaded. 10-31-94 - 28 - (4) Information sheet prepared by the Gallatin County Commission regarding various County activities. (5 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 1, at the Carnegie Building. . (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 1, in the Commission Room. (7) Notification that the County Commission meeting for this week has been cancelled and that the next meeting will be on Tuesday, November 15. (8) Copy of an article entitled Home but not alone, published in the March/April 1994 edition of the Utne Reader, as submitted by Katherine Ball. (9) The City Manager submitted his weekly report, as follows. (1) Announced that Director of Public Service Forbes and Commissioner Stiff did an interview at KBOZ regarding the bond issue; and he and Commissioner Stiff gave a presentation at the Kiwanis meeting. (2) Met with Bob Lashaway, Facilities Director at MSU, regarding parking on campus as well as other issues. He noted that the University is proposing closure of West Cleveland Street . between South 8th Avenue and South 11th Avenue. (3) Announced that it appears a proposal will be forthcoming for the use of TIFID monies toward extension of Highland Boulevard. (4) Met with representatives from the Annie Subdivision, Phase II, at which time he forwarded his position regarding special improvement districts and failure to pay the assessments. (5) Announced that the telephone system will be cut over at 5:00 p.m. on Wednesday. (6) Noted that the City received good bids for the bonds for the sidewalk program. (10) Commissioner Youngman stated that the Bozeman Daily Chronicle would not publish the Commission's guest editorial without a photograph, which resulted in her picture being in the newspaper with the editorial on Sunday. (2) Stated that she has distributed information on the bond issue at various meetings recently, even though time has not allowed for a full presentation. . (11 ) Commissioner Stiff submitted the following. (1) Announced that he and City Manager Wysocki spoke at Rotary in addition to those meetings mentioned by the City Manager. (2) Stated that Neighborhood Coordinator James Goehrung is scheduled to do 30- second announcements regarding the bond issue for KZLO radio. (3) Asked who could make a presentation at the Sunrise Rotary Club meeting at 6:45 a.m. on Friday; Mayor Vincent 10-31-94 - 29 - indicated that he will. (4) Asked that an update on the critical lands study be placed on an upcoming agenda. (5) Stated that he and Director of Public Service Forbes did the radio show which the City Manager mentioned. He noted that, in addition, Director Forbes addressed the City's water needs; and he suggested that the City should obtain a copy of that tape if at all . possible because it was so well done. (6) Stated it is a pleasure to work with the City Manager in presenting information on the G.O. bond issue. ( 12) Commissioner Frost asked if the City has notified the County in writing that it wishes to proceed with obtaining the right-of-way for West Babcock Street. (13) Commissioner Stueck submitted the following. (1) Spoke to the lions Club this past week, during which he addressed the bond issue. (2) Provided an update on the West Babcock Park, highlighting the donations which have been received. He noted that the grass is coming up, and paving should be completed in approximately two weeks. He stated that the southward extension of Fowler Avenue has hit a snag, but should be completed shortly. (14) City Attorney Luwe submitted the following. (1 ) Distributed to the Commissioners a copy of the draft pretreatment ordinance, stating that adoption of this . ordinance is required by the EPA. He then indicated that this ordinance, as well as an ordinance adopting specified building codes by reference, will be placed on next week's agenda for action. (2) Announced that sixteen barrels of contaminated soil have been removed in conjunction with installation of the new sewer line at the Bozeman Solvent Site. He stated that by the time the sewer line has been removed, it should be possible to determine the source of the contamination. ( 15) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for next week's meeting, which includes five public hearings. (2) Reviewed the timeline for cutting over to the new telephone system. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Staff report - intent to annex 19.182 acres located along the south side of Durston Road between North 23rd Avenue and North 25th Avenue- reauested bv Thomas W. Fellows and Marie G. Fellows. the Fellows Limited Partnership. and Willowbrook Condominium. Inc. 1 0-31-94 - 30 - Commission Resolution No. 3022 - intent to annex 19.182 acres located along the south side of Durston Road between North 23rd and North 25th Avenue: set public hearina for December 5. 1994 COMMISSION RESOLUTION NO. 3022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF . BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Staff report - intent to annex 5.47 acres located alona the north side of West Babcock Street at North 25th Avenue extended - reauested by John D. Marks. Scenic DeveloDers. Inc.. and Karen Neibauer (A-9408) Commission Resolution No. 3023 - intent to annex 5.47 acres located along the north side of West Babcock Street at North 25th Avenue extended: set public hearina for December 5. 1994 COMMISSION RESOLUTION NO. 3023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN . THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3026 - relatina to $374.600 Pooled Special Improvement District Bonds. Series 1994 (SID Nos. 660 & 663): fixing the form and details and providina for execution and delivery of bonds and the security therefor COMMISSION RESOLUTION NO. 3026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. RELATING TO $374,600 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 1994 (SPECIAL IMPROVEMENT DISTRICT NOS. 660 AND 663); FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. Award bid for sale of $85,000 Special Sidewalk. Curb, Gutter and Alley Approach Bonds. Series 1994 Commission Resolution No. 3027 - relatina to $85.000 Special Sidewalk. Curb. Gutter and Alley Approach Bonds. Series 1994: creating Special Sidewalk. Curb. Gutter and Alley accroach Fund and Drovidina for . security therefor COMMISSION RESOLUTION NO. 3027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $85,000 SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH BONDS, SERIES 1994; CREATING SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH FUND AND PRESCRIBING COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS OF THE BONDS. 10-31-94 - 31 - ADDrove reauest from PC DeveloDment Dertainina to Trust Indentures for Lots 4A. 5A and GA. Block 1. Valley unit Subdivision. Phase 1: authorize City Attorney to confirm Commission action via letter Authorize City Manager to sign - Lease Agreement between City of Bozeman and Gallatin County for a Dortion of the Law and Justice Center Authorize City Manager to sign - Agreement with Humane Society of Gallatin . County for Fiscal Year 1994-1995 Authorize City Manaaer to sian- Conservation Agreement between City of Bozeman and Montana Power COmDany - for Water Treatment Plant and Waste Water Treatment Plant Authorize City Manaaer to sian - AcceDtance of Riaht-of-Way and Utility Easement Aareement - GO-foot by 340-foot riaht-of-way for West Beall Street between North 23rd Avenue and North 25th Avenue - Eula Mae Lessley Authorize City Manaaer to sign - AcceDtance of Sewer and Water PiDeline and Access Easement and Agreements from Romona McKean. Anna Mae Anderson. Joan Anderson. Lori Healy. Ross Anderson and the Estate of Harry M. Daum - 30-foot-wide easements across the Main Mall DrODerty Authorize City Manager to sign - AcceDtance of terms for the revenue bonds for Dickinson Manor. as set forth by Dorsey & Whitney Authorize staff to meet with consultant hired by Gallatin County re imDact fees . It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Adiournment - 5:55 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and . Mayor Vincent; those voting No, none. 10-31-94 - 32 - ~~~ - ATTEST: ___-/" ':10 VINCENT, Mayor .G1I~J~ ROBIN L. SULLIVAN Clerk of the Commission . . 10-31-94 -- .-