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HomeMy WebLinkAbout1994-08-22 ccm --- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 22, 1994 ***************************** e The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 22, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Vincent deferred action of the minutes of the regular meetings of August 1, August 8 and August 15, 1994, to a later date. I Decision - Conditional Use Permit - Lowell SDringer for Jim DiBerardinis - allow chanqe from one non~conformina use to another non~conforming use bv converting an existina triDlex to a dUDlex ~ Lots 19 and 20. Block 1. Fairview Addition (404 South Willson Avenue) (Z-9476) This was time and place set for the decision on the Conditional Use Permit requested by Lowell Springer for Jim DiBerardinis, under Application Z-9476, to allow a change from one non~conforming use to another non~conforming use by converting an existing triplex on Lots 19 and 20, Block 1, Fairview Addition, to a duplex. The subject site is more commonly located at 404 South Willson Avenue. Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated August 18, 1994. Attached to the memo was a transcript of a portion of the minutes from the July 26 Design Review Board meeting and a memo from Acting e Historic Preservation Officer (HPO) Catherine Goetz, dated August 19, 1994. Assistant Planning Director Arkell reminded the Commission that the City~County Planning Board has forwarded its recommendation for approval of this application, subject to seventeen conditions. She noted, however, that neither the minutes from the Planning Board meeting, the minutes from the Design Review Board meeting nor the staff report address 08~22~94 ~ --- - 2 - concerns raised by the Acting Historic Preservation Officer when she reviewed the initial proposal. As a result of those concerns, she listened to the tape from the July 26 meeting of the ORB, and prepared a verbatim transcript of that portion of the meeting where the ORB members were discussing some of the issues of concern, with the remainder of the minutes e simply being a synopsis of the discussion. The Assistant Planning Director stated that concerns raised in Acting Historic Preservation Officer Goetz's memo for which she was seeking ORB comment include (1) roof pitch, (2) windows in the west elevation, (3) consistent use of materials and (4) moving the addition to the south. She noted that the ORB did address the roof pitch in the early July meeting, with the result being a change from the proposed 6: 12 pitch to the 8: 12 pitch of the existing roof. She stated that the original plans did show windows in the west elevation; however, those windows are not shown in the current plans. She noted that the HPO suggested that windows, matching the windows in the existing structure, be added for aesthetic purposes and to provide light. She noted that the issue of using materials consistent with the original materials has been adequately addressed by the Design Review Board and the I Planning Board. and has been agreed to by the applicant. The final issue is relocation of the proposed addition to the south, to minimize the visual impact of this sizable addition, to make the resulting structure more symmetrical, and to decrease the distance which the addition extends into the front yard adjacent to West Koch Street. She stated that when transcribing the July 26 minutes, she did not find any discussion on the issues surrounding the windows on the west side or the offsetting of the new addition further to the south, although those issues were discussed at the July 12 meeting. The Assistant Planning Director stated that, as a result of discussions with Commissioner Frost, the following additional conditions are suggested: 1. That the addition be moved to the south approximately two and one-half feet, to address the scale and balance of the addition. (The addition would then be set back from the south property line e the same distance as the existing west wing). 2. That one window be added to the second floor of west elevation of the addition (to face South Willson Avenue), with the window to match the existing half windows on the second story of the existing structure. 3. That the roof pitch of the addition be 8: 12 to match the existing structure. 08-22-94 .....--.-..- . -...--.----... ....-----..-- -.. - 3 - 4. That the materials of the addition match the existing structure (Le. roof and siding). 5. That the elevation submitted with the final site plan shall accurately reflect the existing conditions of the existing house, and that accurate floor plans be provided as well. 6. That the dwelling units shall be limited to four bedrooms each. . The Assistant Planning Director stated that the current plans do not reflect the existing conditions of the existing house. She also noted that, because of the concerns raised by the fact that nine bedrooms are shown in the plans which have been submitted, the conditions require that accurate floor plans for the two units be provided, which include both the existing structure and the proposed addition. She also noted that, in light of those concerns, a condition has been suggested which limits the units to four bedrooms each, which should also encourage that the provision allowing no more than the four unrelated persons to reside in one dwelling unit is met. Commissioner Frost noted that the drawings show a porch, entry and sidewalk along the south edge of the existing building, even though the applicant has indicated that those are to be removed. I Mr. Lowell Springer, architect representing the applicant, stated that during the two reviews by the Design Review Board, they agreed to remove the porch and the roof, if necessary, and to replace the door with similar materials to those used in the existing structure. He then stated there are several different versions of the plans at this time; and some of those plans do reflect that change. Mr. Springer then stated the applicant has no problem with any of the conditions. He cautioned, however, that some of the new conditions may conflict with what he thought the DRB was directing him to do. He noted that, in an effort to address concerns about the height an 8: 12 pitch roof might create, he lowered the roofline, and the sidewalls in the rooms above the new garage, to maintain a lower roofline. He stated this same approach was often used . when rooms were added above carriage houses and, therefore, works well in this application. He stated that, because of lowering the walls, the ability to install windows was dramatically reduced; and the DRB determined that lowering the roof and eliminating the windows from the west and east elevations was preferable to windows and an increased height. 08-22-94 ..-.----.- --.......---. . - 4 - Mr. Springer turned his attention to the proposed condition to move the addition to the south approximately two and one-half feet. He stated that, while this would create an attractive exterior, it becomes impractical from an interior design viewpoint. He noted that to move the new garage addition two and one-half feet would result in the stairway either coming e down in the kitchen or going up over a car in the garage, neither of which appears practical. Mr. Jim DiBerardinis, applicant, stated it is his intent to have three bedrooms in one unit and four bedrooms in the other unit, thus reducing the total number of bedrooms to seven. He noted this meets his intent to reduce impacts on the surrounding area, particularly since his home is immediately to the south of the subject parcel. Commissioner Frost noted that, while the drawings show the upstairs windows as being vertical windows, in reality they are horizontal windows. He stated that, in light of that fact, he believes there is adequate room, measuring down from the roofline, to install windows of the same size as the windows in the existing structure. He also noted that was a suggestion forwarded during DRB review. Mr. Springer reiterated the fact that the applicant is willing to accept the conditions I imposed by the Commission. Commissioner Stueck noted that Mr. Springer has adequately addressed the issue of moving the addition to the south and the impacts that would have on the interior design. He then stated that, while he can support the other recommended conditions, he cannot support that one. Commissioner Frost stated he supports all of the recommended additional conditions. He then expressed his concern about the difficulty in determining the actual existing improvements and the proposed improvements from the drawings which have been submitted in conjunction with this application. Commissioner Youngman stated she has no problem with the recommended additional Condition Nos. 2 through 6; however, she cannot support moving the addition if the result is e diminishing the function of the existing kitchen. Commissioner Stiff stated his concurrence with the comments forwarded by Commissioners Stueck and Youngman. He then expressed his concern about changing conditions on applications for which recommendations have been forwarded by the Design Review Board. 08-22-94 - . _.___on_.__ - 5 - Mayor Vincent stated that, because of the impacts on the existing kitchen, he cannot support the proposed additional Condition No.1. He also noted that this application has been reviewed by the Design Review Board twice. He then stated his support for requiring the installation of windows on the west side of the addition. e The Mayor forwarded his concerns about the process, suggesting it should probably be reviewed. He stated that having issues raised at this stage of the process makes it difficult for both the applicant and the Commission, particularly when the application has been subjected to review by professional architects. Commissioner Youngman stated her appreciation for Commissioner Frost raising the issues for Commission consideration, particularly since they seem to have been missed by the Design Review Board. Responding to City Manager Wysocki, Assistant Planning Director Arkell stated that Condition No.9 requires that the south entry be removed and that the space be filled with materials similar to the existing exterior. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the I Commission approve the Conditional Use Permit requested by Lowell Springer for Jim DiBerardinis, under Application Z-9476, to allow a change from one non-conforming use to another non-conforming use by converting an existing triplex on Lots 19 and 20, Block 1, Fairview Addition to a duplex, subject to the following conditions: 1. Street trees shall be provided in the Koch boulevard in accordance with Section 18.50.100.D.5.e STREET FRONT AGE LANDSCAPING REQUIRED of the Zoning Ordinance (Le., minimum one large canopy tree per 50 linear feet of frontage minus sight triangles, drive approaches, etc.); 2. The parking area shall be vegetatively screened along the north and south boundaries; 3. The parking area shall be physically divided into two separate driveways (stacking is otherwise prohibited for duplexes by Section 18.50.120.J ST ACKING OF OFF STREET PARKING SPACES); e 4. The total width of the parking area/driveway shall not exceed 24 feet at the alley right-of-way line as per Section 18.50.110.C.2.a.L; 5. A garbage dumpster enclosure shall be provided for any garbage receptacles that are kept outdoors. An enclosure detail shall be provided on the final site plan; 08-22-94 -----..---- --- - 6 - 6. As an informational note relative to the proposed five bedroom unit, no more than four unrelated persons may occupy each unit as per the definition of "family" provided in the zoning ordinance; 7. The windows proposed for the addition shall be simplified by eliminating the header details, shutters, and mullions; 8. The belly board shall be eliminated from the addition; e 9. The opening created by the removal of the south facade entry shall be infilled and finished with a stucco finish that matches the existing; 10. That one window be added to the second floor of west elevation of the addition (to face South Willson Avenue), with the window to match the existing half windows on the second story of the existing structure; 11. That the roof pitch of the addition be 8: 12 to match the existing structure; 12. That the materials of the addition match the existing structure (i.e. roof and siding); 13. That the elevation submitted with the final site plan shall accurately reflect the existing conditions of the existing house, and that accurate floor plans be provided as well; 14. That the dwelling units shall be limited to four bedrooms each; I 15. The right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 16. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 17. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 18. That all of the special conditions shall be consented to in writing by the applicant; 19. Seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one e signed copy shall be retained by the applicant; 20. 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; 21. A building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final 08-22-94 - - - ___ .___u __. ___ ._. . - 7 - site plan is approved. No site work, including excavation, may occur until a building permit is issued; and 22. If occupancy of the structure or commencement of the use is to occur prior to the installation of all 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. e Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) 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 Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Commissioner Stueck expressed his frustration about the manner in which this application was forwarded. He feels that if the Design Review Board is dysfunctional, then that issue should be addressed. He then forwarded his discomfort in making "judgment calls that require a license that I don't have". Commissioner Frost stated the Commission has the final decision authority on any project, with the staff, Development Review Committee and Design Review Board serving as I advisory bodies only. He then stated that when the Commission receives conflicting advice from the advisory bodies, the Commission is responsible for reviewing that input and making the final decision. He stated that in most instances, he will support staff recommendations over advisory board recommendations. City Manager Wysocki suggested that if an architect were required to prepare a revised drawing reflecting the changes required by an advisory board before it is forwarded to the next level, some of the confusion could be eliminated. He recognized that this may lengthen the amount of time between steps, but suggested it could be beneficial. Commissioner Youngman suggested that once the Design Review Board has an official chair, it is possible that all items will be addressed, rather than allowing some of the e issues to fall to the side as they do now. She also suggested that a work session with the Design Review Board and the Planning Board members could prove beneficial in obtaining recommendations. The City Manager reminded the Commission that only half of the Planning Board members are appointed by the City Commission. He also suggested that the recommendations 08-22-94 -....-.-...-. ....~". - 8 - forwarded by those advisory bodies might well represent the City Commission and its diversity. Commissioner Stiff stated he does not feel it is in anyone's best interests for him to "draw back to his high school drafting days". He also expressed concern that if the issue of low- and moderate-income housing is to be addressed, it is important that the professionals on tit the advisory boards forward good recommendations upon which the Commission may act. Ordinance No. 1386 - amending Section 8.40.010 of the Bozeman MuniciDal Code. entitled "Litterina". bv increasing the anti-litter assessment from $5 to $25 for small vehicles and $50 for large vehicles Included in the Commissioners' packets was a copy of Ordinance 1386, as approved by the City Attorney, entitled: ORDINANCE NO. 1386 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 8.40.010 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR AN INCREASE IN THE ANTI-LITTER ASSESSMENT TO TWENTY-FIVE DOLLARS PER LOAD FOR SMALLER THAN ONE-TON TRUCKS AND FIFTY DOLLARS PER LOAD FOR VEHICLES ONE TON AND LARGER. I The City Manager reminded the Commission that the assessment was increased at the suggestion of one of the Commissioners, prior to adoption of this ordinance on first reading. He then recommended that the Commission finally adopt the ordinance at this time, noting that this is the ordinance which requires that all loads to the landfill be covered. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission finally adopt Ordinance No. 1386 on second reading, amending Section 8.40.010 of the Bozeman Municipal Code by increasing the anti-litter assessment from $5 to $25 per load for smaller than one-ton trucks and $50 per load for vehicles one ton and larger. 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. e Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 08-22-94 . . -. .-.. - -.-...--.- - 9 - (1 ) An amended version of Ordinance No. 1387, as a result of action taken at last week's Commission meeting. (2) Letter from Julia Becker and Daniel Biehl, 320 West Lamme Street, dated August 15, requesting that four-way stop signs be installed at the intersections of West Lamme e Street with North 3rd Avenue and North 5th Avenue. (3) Letter from Tom Griffith, Chairman of the Bozeman Ponds Task Force, dated July 25, 1994, asking that the City accept responsibility for improvements to and maintenance of the Bozeman Ponds, since the Department of Fish, Wildlife and Parks can no longer meet the demands placed on that facility. The City Manager noted that the Optimist Club has pledged $10,000 for development of the site and $1,000 a year, for up to five years, toward maintenance of the facility. He then indicated his intent to place this item on the agenda for Commission action, expressing his concern that this item is being submitted at the close of the budgeting process for the upcoming fiscal year. Commissioner Youngman suggested that this item be first forwarded to the Recreation I and Parks Advisory Board for their recommendation prior to Commission action. (4) Agenda for the Governmental Affairs Committee meeting which was held at 7:30 a.m. on Thursday, August 18. (5) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated August 22, reminding the Commission that the deadline for filing for the Local Government Study Commission is 5:00 p.m. on Thursday, August 25. He also forwarded a listing of the three candidates who have filed for the five-member Bozeman Study Commission and the fourteen candidates who have filed for the five-member Gallatin County Study Commission. (6) Letter from Betty Nason, Chairman of the Taste of Bozeman, dated August 17, thanking the City for its efforts in making this year's Taste a success. (7) Letter from Congressman Pat Williams, dated August 19, inviting the e Commissioners to attend a no-host breakfast scheduled for 7:00 a.m. on Tuesday, August 30, at the Elks' Club. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 23, at the Courthouse. 08-22-94 - 10 - (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 23, at the Carnegie Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August 23, at the Carnegie Building. e (11) Agenda for the Board of Adjus1ment meeting to be held at 1 :30 p. m. on Thursday, August 25, in the Conference Room at City Hall. ( 12) The City Manager submitted his weekly report, as follows. (1) Announced that the water level at Hyalite Reservoir has dropped dramatically. The remaining water is mostly the City's, since irrigation season is ended, except for the 1,1 OO-acre-foot minimum pool that is required to protect the fisheries. (2) Attended the meeting with the Governor at MSU last week, where he spoke about technology and alliance and biological sciences. (3) Announced that representatives from MSU and the Chamber's Community Relations Committee met last week to discuss plans for the MSU Homecoming scheduled for October 8 and the Banquet of Excellence scheduled for October 20. (4) Announced that the chip and seal projects have been completed. The chips are to remain down for a period of ten days, to avoid the I problems encountered on Main Street when the chips were removed too soon. (5) Informed the Commission that firefighter Geoff Hoell's seven-year-old son, along with another man, died in a boating accident yesterday; and Geoff's father, former firefighter Buck Hoell, is in critical condition in the hospital. (6) Announced that courtesy tickets are being issued in the residential parking district, except for violations of other parking restrictions and moving violations. This past week, 283 permits for residents, 325 visitor permits, and 20 employee parking permits were issued. As of September 1, citations will be issued to those violating the provisions of this district. (7) Announced that Fire Chief Aaron Holst, who is also the Gallatin County Fire Chief, has been working with the various fire departments in the area to develop an emergency plan for forest fires, since manpower in the state is so short. ( 13) Commissioner Stueck submitted the following. (1) Attended the luncheon e meeting with the Governor last week. (21 Noted that last Thursday. bids were opened for the new married student housing project. He stated that once those 48 units are completed, they will be used to house residents of Hedges North, so that dormitory can be subjected to a substantial renovation project. He noted that, in light of this, the new units will not relieve the stress on Bozeman's rental housing market for quite some time. (3) Stated that he tried to call 08-22-94 - 11 - the individual who had invited him on a tour of the northeast neighborhood. He left a message, but has not received a return call. (4) Gave a brief report on a non-City project, which involves relocating of a horse arena at Big Sky to Bozeman for Eagle Mount. He stated this facility will allow for year-round horseback riding and stables. e (14) Commissioner Youngman submitted the following. (11 Attended the Beautification Committee meeting last week. (2) Announced that she will be out of town until Sunday evening. (3) Stated she has been asked if the City is planning to post a sign denoting Burke Park; the City Manager responded that is typically a winter project for the Park Department crews. ( 15) Commissioner Youngman attended last week's cable television franchise committee meeting. She stated the committee is not at full strength; and the Humane Society and Emerson Cultural Center have indicated an interest in having a representative on the committee. She also noted that Beverly Knapp is now out of the country until December, and asked if she could be replaced, at least on a temporary basis. She noted that the Library has indicated an interest in having a representative attend meetings, although they are not seeking I membership. City Attorney Luwe stated he will need to review the Resolution which created this ad hoc committee to determine if Beverly Knapp can be replaced. City Manager Wysocki stated that these vacancies must be advertised prior to any appointments being made. ( 16) Commissioner Stiff stated he traveled around the state last week, noting it is nice to be home from the hi-line. ( 17) City Attorney Luwe announced that he and attorney Barry O'Connell met with three attorneys from Jewel Food Store last Wednesday. He stated they seem to be on schedule, and anticipate that remediation will begin in mid-September. (18) Clerk of the Commission Sullivan reviewed the agenda for next week's e meeting, which includes a work session on the affordable housing in the evening session. City Manager Wysocki suggested the possibility of scheduling the discussion on affordable housing at 7:00 p.m., followed by a meeting with members of the Design Review Board and the City-County Planning Board at 8: 15 p.m. 08-22-94 -.-..-..----.... ...-.- - 12 - Following a brief discussion, the Commissioners concurred that the discussion on affordable housing issues will take too long to combine it with another agenda item and decided to schedule the meeting with DRB and Planning Board members for September 12. e Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2999 - create SoeciallmDrovement District No. 660 - imcrovements to Vallev Unit Park COMMISSION RESOLUTION NO. 2999 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 660 FOR THE PURPOSES OF IMPROVING THE V ALLEY UNIT PARK IN THE CITY OF BOZEMAN, MONTANA Commission Resolution No. 3000 - create SDeciallmcrovement District No. 662 - paving and storm drainage - North 19th Avenue form West Oak Street to Baxter Lane COMMISSION RESOLUTION NO. 3000 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, CREATING SPECIAL IMPROVEMENT DISTRICT NO. 662 FOR STREET IMPROVEMENTS FOR THE ENGINEERING, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,691-FOOT PORTION OF NORTH 19TH AVENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3001 - create Speciallmorovement District No. 663 - Davina and storm drainaae - West Oak Street west of North 19th Avenue COMMISSION RESOLUTION NO. 3001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 663 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 1,642-FOOT e PORTION OF WEST OAK STREET, FROM THE WEST EDGE OF NORTH 19TH AVENUE WEST, IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3002 - amend in a the number of members on the Parking Commission from five members to UD to seven members 08-22-94 - 13 - COMMISSION RESOLUTION NO. 3002 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE NUMBER OF MEMBERS ON THE PARKING COMMISSION FROM FIVE TO UP TO SEVEN MEMBERS. Commission Resolution No. 3003 - continuina the 3:00 D.m. startina time of the regular meeting of the City Commission e COMMISSION RESOLUTION NO. 3003 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONTINUING THE 3:00 P.M. STARTING TIME OF THE REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. Commission Resolution No. 3004 - establishing a colicy on fair housing COMMISSION RESOLUTION NO. 3004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY ON FAIR HOUSING PRACTICES. Commission Resolution No. 3005 - establishing a colicy acknowledaina the federal Hatch Act and accointing the Personnel Office as Hatch Act Information Officer COMMISSION RESOLUTION NO. 3005 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY ACKNOWLEDGING THE FEDERAL HATCH ACT. Commission Resolution No. 3006 - authorize bond sale for Scecial ImDrovement District No. 662 - Dayina of North 19th Avenue from West Oak Street to Baxter Lane - $295.900: set bid oDening for September 12. 1994 COMMISSION RESOLUTION NO. 3006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 662; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 662 BONDS, IN THE AMOUNT OF $295,900 FOR THE PURPOSE OF STREET IMPROVEMENTS, INCLUDING ENGINEERING, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,691-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. e Reiect bids for curchase of City's 1955 Peter Pirsch ladder fire truck. Der staff recommendation dated Auaust 18. 1994 Ratify City Manager's sianature on agreement between the Montana Department of TransDortation and the City for maintenance of traffic signals for Fiscal Year 1994-1995 08-22-94 - 14 - It was moved by Commissioner Stueck, 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 Stueck, Commissioner Frost, Commissioner e Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Recess - 4:00 D.m. Mayor Vincent declared a recess at 4:00 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled pUblic hearings. Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Tentative ADDroDriation Ordinance for Fiscal Year 1994-1995 I This was the time and place set for the public hearing on the Tentative Appropriation Ordinance for Fiscal Year 1994-1995, as approved by the City Attorney, entitled: ORDINANCE NO. - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OR MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1995. Mayor Vincent opened the public hearing. City Manager Wysocki highlighted the contents of the Tentative Appropriation Ordinance, reviewing the totals for each of the funds, as follows: General Fund $ 7,166,214. e Special Revenue Funds 3,955,353. Debt Service Funds 1,207,500. Water Fund 2,431 ,4 1 8. Waste Water Fund 2,117,706. Solid Waste Fund 1,148,429. Internal Service Funds 1,434,808. Trust and Agency Funds 17.000. TOTAL $19.478.428. 08-22-94 - 15 - The City Manager then reviewed the revenues to support these appropriations, noting that a combination of revenues and fund balances are being utilized to meet the anticipated expenditures. He noted that this budget reflects a slight increase from last fiscal year's budget, which was $19,453,000. e The City Manager distributed the summary sheet, dated July 25, which had been prepared to reflect the changes made between his budget recommendations and the tentative appropriation ordinance, entering that information into the record. He also submitted a memo dated August 22, in which he recommended that the Commission decrease the mill levy for the comprehensive insurances by .5 mill, with that .5 mill being used to fund a new budget unit for the Local Government Study Commission under Special Revenue Funds. He reminded the Commission that the electorate has approved a local government review this year; and State statutes provide that up to one mill may be levied for each of two years to fund the activities of that commission. Through an oversight during the budgeting process, this item was not included, but must be added prior to adoption of the appropriation ordinance. No one was present to speak in support of or in opposition to the tentative I appropriation ordinance for Fiscal Year 1994-1995. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Mayor Vincent noted that the Commission spent an extensive amount of time reviewing the proposed budget in work sessions. He then thanked the City Manager and the Commissioners for the work which has gone into this document. Commissioner Stueck stated his concurrence with Mayor Vincent's comments. He then noted the Commission has chosen to minimize any increases in the budget this year, choosing instead to use reserves in a judicious manner to keep the costs to the taxpayer as low as possible. City Manager Wysocki announced that the appropriation ordinance will be placed on e the September 6 agenda for action. Public hearing - Commission Resolution No. 2994 - intent to increase revenues from ad valorem taxes for Fiscal Year 1994-1995 This was the time and place set for the public hearing on Commission Resolution 08-22-94 "",="_.;:o-,,n __ ---. ------ - - __.._.n.__ - 16 - 2994, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2994 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1994-1995 e Mayor Vincent opened the public hearing. City Manager Wysocki stated that the revenues generated from property taxes for Fiscal Year 1993-1994 was projected at $3,511,570; and the revenues to be generated for Fiscal Year 1994-1995 are projected at $3,935,625. He noted this represents a 7. 7-percent increase in property tax revenues; and not all of that increase is the result of revenues from ad valorem taxation on properties appearing for the first time on the assessment rolls. In light of that fact, Section 15-10-203, Montana Code Annotated, requires that a public hearing be conducted prior to assessment of property taxes. No one was present to speak in support of or in opposition to Commission Resolution No. 2994. Since there were no Commissioner objections, Mayor Vincent closed the public I hearing. City Attorney Luwe stated that if the Commission intends to act affirmatively, he will bring back a resolution for action at next week's meeting; the Commission concurred. Public hearina - Commission Resolution No. 2988 - levvina and assessing street maintenance district assessments for Fiscal Year 1994-1995 This was the time and place set for the public hearing on Commission Resolution No. 2988, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2988 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1995 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY e THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Vincent opened the public hearing. City Manager Wysocki reminded the Commission that assessments for the street maintenance district began in 1991. He then provided a brief history on the per-square-foot assessment rates since that time, which were $.00427 in Fiscal Year 1991; $.00396 in Fiscal 08-22-94 ..-- - 17 - Years 1992 and 1993; $.00416 in Fiscal Year 1994; and a projected $.00437 for Fiscal Year 1995. He noted that the resolution also provides for a cap on certain lots within the R-2 zoning district as well as a cap for PLI zoned parcels. Director of Public Service Forbes reminded the Commission that Street Division tit activities are funded from three sources: the General Fund, Gas Tax monies, and tree maintenance district assessments. He then reviewed the projects which are included in this year's budget, noting those projects are funded through the Gas Tax portion of the budget. Those projects include: chip sealing of several streets, milling and overlay of North 8th, 9th and 10th Avenues between Main Street and Mendenhall Street; overlaying of Kagy Boulevard from South 11 th Avenue to South 7th Avenue; reconstruction of West Tamarack Street between South Third Avenue and South Fifth Avenue; and curb and gutter replacement on the north side of town. He noted that a majority of those projects have already been completed through the use of contracted services. Other projects included in this year's budget include reconstruction of West College Street between South Willson Avenue and South 8th Avenue, installation of a traffic signal at the intersection of West College Street and South 19th Avenue, I and major street design for South Third Avenue south of Kagy Boulevard. City Manager Wysocki noted that the street maintenance district portion of the Street Division budget is to be used mainly for salaries this year, plus purchase of specified pieces of equipment, including a 10-cubic-yard dump truck with plow and spreader. Mr. Jeffrey Strong, resident of Bozeman, asked if any of the monies generated through these assessments are to be used for paving of streets within the city limits which are currently gravel. He also expressed concern that these assessments result in increased rents in the community. He suggested that since the prices of housing seem to be an important issue at the present time, consideration should be given to that concern. City Manager Wysocki stated that the paving of streets with these monies is not anticipated. He then reminded the Commission that the most appropriate method of funding e the paving of gravel streets is through a special improvement district. He noted that the residents along South Black Avenue, which is the area about which Mr. Strong is concerned, have chosen not to utilize that option but has chosen to retain the gravel street. Mayor Vincent assured Mr. Strong that his concerns about increased costs to the property owners is well taken. He then stated that during the upcoming legislative session, he 08-22-94 -- - ----. - 18 - will be dedicated to seeking legal authority to diversify revenue sources for local governments, thus reducing some of the impact on property taxpayers. He noted that if alternatives for funding are provided, it might be possible for a local government to obtain revenues from those who provide impacts on services, rather than placing the entire burden on the taxpayers. e hearing. Since there were no Commissioner objections, Mayor Vincent closed the public It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Commission Resolution No. 2988, levying and assessing ~he assessments for the street maintenance district for Fiscal Year 1994-1995. 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. Public hearina - Commission Resolution No 2989 - levving and assessing tree maintenance district assessments for Fiscal Year 1994-1995 I This was the time and place set for the public hearing on Commission Resolution No 2989, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2989 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1995 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Vincent opened the public hearing. City Manager Wysocki reminded the Commission that assessments for the tree maintenance district also began in 1991. He then provide a brief history on the per-sQuare-foot assessment rates since that time, which were $.00050 in Fiscal Year 1991; $.00105 in Fiscal Years 1992 and 1993; $.00143 in Fiscal Year 1994; and a projected $.00140 for Fiscal Year e 1995. He noted that this resolution also provides for a cap on certain lots within the R-2 zoning district as well as a cap for PLI zoned parcels. The City Manager reminded the Commission that the assessment for Fiscal Year 1994 was designed to provide a $30,000 reserve for addressing insect infestations, in case the community encounters another tent caterpillar epidemic. This year's assessments are designed 08-22-94 - 19 - to generate sufficient revenues to purchase a tree spade, at an estimated cost of $22,000. He reminded the Commission that, through the use of City crews and contracted services, trimming of all trees in the public rights-of-way have been completed over a four-year period. The next step is to transplant trees from the nursery to the public rights-of-way; and some of e those trees are large enough to require use of a tree spade. Responding to Commissioner Youngman, Administrative Services Director Gamradt estimated that the annual assessment for a quarter-acre lot would be $15. No one was present to speak in support of or in opposition to the proposed tree maintenance district assessments. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission finally adopt Commission Resolution No. 2989, levying and assessing the assessments for the tree maintenance district for Fiscal Year 1994-1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, I Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Continued discussion - FYI Items Commissioner Youngman stated that following the afternoon session, she learned that Neighborhood Coordinator/Grantsperson Goehrung will be out of town on August 29. She then asked if the Commission feels he should be present for the discussion on affordable housing. The Commissioners concurred that he should be present and that the discussion should be delayed until the next available evening session. The City Manager suggested that, if possible, it might be appropriate to try to schedule a meeting with the Design Review Board and Planning Board for next week's evening e work session. Adjournment - 7:30 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the meeting be 08-22-94 -.--.-..- - 20 - adjourned. 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. . ATTEST: ~ 01 ~~ ROBIN L. SULLIVAN Clerk of the Commission . e 08-22-94