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HomeMy WebLinkAbout1993-07-06 ccm ~.".~._...---~ ..-.--..---.... - ..-. ...- ..------- \ " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 6, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 6, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent in compliance with Section 7-3-4322(2), M.C.A. 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 - regular meetina of June 28. 1993. and sDecial meetinas of June 30 and July 1, 1993 It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the "inutes of the regular meeting of June 28, 1993, be approved as amended; and the minutes of the special meetings of June 30 and July 1, 1993, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Presentation of contribution from residents in New Hvalite View Subdivision for upgrading of park in their subdivision City Manager Wysocki stated that representatives of a group of residents in New Hyalite View Subdivision have requested an opportunity to address the Commission. Mr. Rick Jandron, 1406 Cherry Drive, stated that on June 5, as a part of the kick-off for National Trail Day activities, residents of the New Hyalite View Subdivision conducted a pancake ereakfast, in an effort to raise monies for the replacement of playground equipment in their park. He stated they raised $501 for that purpose, which he presented to Mayor Swanson. Mayor Swanson accepted the contribution on behalf of the City, thanking Mr. Jandron and the residents of the subdivision for their contributions to this effort. 07 -06-93 ------.-..- - \ . - 2 - Mr. Jandron noted that the City has been working in the park during the past couple weeks, and it looks better. He also noted that the trail work is in progress. Responding to Mayor Swanson, Mr. Jandron stated that he has heard comments from residents in the area who were not aware of the anticipated work on the park and the trail system ~. this year. He noted that once the plans are explained to those individuals, they seem very receptive to the improvements that are being made in their neighborhood. The Commissioners thanked Mr. Jandron and the neighborhood for their contribution toward improving the park in their subdivision. Deviation from Section 18.18.050. to allow new aable roof on existing structure to encroach two feet into the reauired eiaht-foot side yard setback - Phvllis Wiersma. 220 South Bozeman Avenue City Manager Wysocki reminded the Commission that at last week's meeting, Commissioner Knapp requested this item be placed on the agenda. He then noted that, included in the Commissioners' packets, was a memo from City Attorney Luwe, dated July 1, 1993. Mayor Swanson noted that the City Attorney's memo raises the question of whether a majority of the Commission wishes to revisit this item. . Commissioner Knapp stated she feels, in retrospect, that it would have been appropriate to delay the decision when this item appeared before the Commission two weeks ago, since only three Commissioners were present, rather than trying to make a decision on the issue. She stated that after reviewing the minutes for that meeting, she feels it would be appropriate to place this item back on the agenda, for consideration by a fuller Commission. Responding to the City Manager, Assistant Planner Grigsby stated there is a ten-day notice requirement for deviations, which would place this item on the July 19 agenda. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission place the requested deviation from Section 18.18.050, to allow a new gable roof on an existing structure to encroach two feet into the required eight-foot side yard setback, as eequested by Phyllis Wiersma for 220 South Bozeman Avenue, on the July 19 meeting agenda for consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 07-06-93 , - 3 - Ordinance No. - Tentative ADDroDriation Ordinance for Fiscal Year 1993-1994 City Manager Wysocki presented the Tentative Appropriation Ordinance, 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 OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1994. The City Manager reminded the Commission that the figures in the Tentative Appropriation Ordinance are the same as those which he had submitted in his recommendations for the budget for Fiscal Year 1993-1994. He then noted that attached to the ordinance, which provides for appropriations in the amount of $19,403,794, is a listing of proposed changes which have been discussed by the Commission in its three work sessions on the budget. He stated that these proposed changes will be read into the record at the beginning of the public hearing; and testimony will be received on those changes as well as the Tentative Appropriation Ordinance at that time. The City Manager then recommended that the Commission provisionally adopt this .rdinance and set the public hearing for July 26. Responding to Commissioner Frost, the City Manager requested that any additional changes which the Commissioners wish to discuss at the public hearing be submitted in writing by July 21, so they can be incorporated into a memo for Commission consideration during the hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission provisionally adopt the Tentative Appropriation Ordinance for Fiscal Year 1993-1994 and set the public hearing for July 26, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. .iScussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter from the Gallatin Saddle and Harness Club, dated June 29, thanking the Commission for their assistance in making the CNFR parade a success. 07-06-93 ------ --- ---- - 4 - (2) Agenda for the County Commission meeting held this afternoon at 1 :30 p.m., in the Courthouse, along with daily minutes for the week of June 21, 1993; and a subsequent revised agenda for the meeting, which was received today. (3) Agenda for the Development Review Committee meeting held this morning at .10:00 a.m. at the Carnegie Building. , (4) Memo from the Planning Office to the remaining Design Review Board members announcing that DRB meetings will be held every other week, beginning on July 13. (5 ) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Wednesday, July 7, in the Commission Room. (6) Agenda for the Highway Commission meeting to be held on Thursday, July 8, in Helena. (7) Listing of motel reservations which have been made for the League of Cities and Towns Convention, to be held in Great Falls on October 6 through 8. The City Manager asked those on the list to review the reservations and forward any changes to the Clerk within the next month or two. . (8) The City Manager submitted his weekly report, as follows. (1) Reviewed the budget with the Administrative Services Director last week, in anticipation of the budget work sessions. (2) The Chief of Police indicated that this past weekend was relatively quiet--probably due in large part to the weather. (3) The Finance Department is beginning the process of closing the books for last fiscal year. (4) Staff is receiving questions about how the potential special Legislative session may impact local governments; and that issue is now being reviewed. (5) Announced a possible two-day trial is scheduled to begin tomorrow in City Court. (6) Announced the City picnic is scheduled for 5:00 p.m. on Friday, July 30, at Bogert Park; and the charge is $1.00 per person for everyone age 6 and up. (9) Commissioner Vincent stated that he has talked to a number of people about traffic circles and speed limits recently. He noted that many people seem to be more concerned .bout the speed of traffic in residential areas than about the volume. He suggested that the speed limits should be carefully reviewed, particularly since Kagy Boulevard and South Willson Avenue have speed limits of 25 miles per hour; and so do the residential streets such as Dickerson Street and Third Avenue. He suggested that if the speed limit on residential streets were lowered, it might encourage people to use the arterial and collector streets instead. 07-06-93 - 5 - Mayor Swanson noted that Director of Public Service Forbes has repeatedly suggested that the speed limit on Kagy Boulevard should be raised to 35 miles per hour. He suggested that an increase in the speed limit on that type of street and decrease in the speed limit on residential neighborhood streets could serve as a disincentive for people to use those interior streets. Commissioner Vincent suggested that traffic circles could also be beneficial. He noted .hat people near two different intersections have indicated an interest in possibly seeking an experimental circle to determine if it would have the desired results. (10) Commissioner Knapp stated that on Friday, she attended the Beautification Advisory Board meeting. She announced that the sculpture will be on display in the front window of First Security Bank, instead of at First Bank, on August 23 through 30. She noted that the sculpture may be available for a private showing to the Commission during the week of August 16 through 22; and she will provide additional information on that possibility at a later date. (11 ) Commissioner Frost stated that last week, the business improvement district committee for the DBA met. A contingent of DBA members had gone to Walla Walla, Washington, to view their business improvement district and discuss the program with the people involved. He .noted that the cost of that program was between $60,000 and $70,000; and the study was completed in 100 days. The Commissioner stated that the DBA membership plans to raise $5,000 and is asking for approximately $30,000 in donations, then will determine how to finance the remainder and what the Association wants for the downtown. He noted excitement that the project is now beginning to move forward, after over a year of planning. ( 12) City Attorney Luwe stated that a new lawsuit has been filed, stemming from a June 1991 traffic accident involving a City vehicle at an uncontrolled intersection. He noted that the claim has been referred to MMIA. ( 13) Clerk of the Commission Sullivan submitted the following. (1) Announced that the Library Board of Trustees meeting scheduled for Friday has been cancelled. (2) Indicated that next week's agenda appears to be very light. (3) Announced that there will be four public hearings .t the meeting of July 19, briefly highlighting them. (4) Announced that her assistant, Brenda Statton, will be back to work on Monday. (5) Stated that Commissioner Vincent brought the gifts from the Japanese visitors to her office last week; and they will be displayed in her office later this week. (14) Mayor Swanson noted Dave Barry's recent column in the newspaper, in which 07-06-93 ___.....____n_n. - 6 - he stated strong support for wearing a helmet when bicycle riding, as the result of his son being in an accident. ( 15) Mayor Swanson stated he feels the City is very fortunate to have ten candidates for the three positions on the City Commission. He suggested that the City plan some type of _rientation session for these individuals, providing them with some written documents and possibly presentations from department/division heads in a retreat type of setting. He noted that through this process, the candidates would be better informed. The City Manager suggested an option might be to conduct such an orientation after the primary election, if the Commission desires to conduct one. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2923 - fixing the form and Drovidina for execution and delivery and security of SDecial ImDrovement District No. 657 bonds in the amount of $130.000 COMMISSION RESOLUTION NO. 2923 . A RESOLUTION RELATING TO $130,000 SPECIAL IMPROVEMENT DISTRICT NO. 657 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. Deviations to Section 18.38.050. to allow structure to encroach 8 feet into the reauired 38-foot front yard setback and 6 feet into the reauired 28-foot side yard setback, and to Section 18.38.040. to allow develoDment to exceed the GO-Dercent allowable lot coveraae by imDervious surfaces - Wayne Paffhausen for Mountain States Leasina (USDA building); Der DRB recommendation (Z-9377) Deviation to Section 18.18.050. to allow a Dortion of the new addition to encroach two feet into the reauired eight-foot side yard setback - Dick and JOY Schroeder. 408 South Gth Avenue; per DRB recommendation (Z-9386) Acknowledge receiDt of reauest from Clair Daines to invoke the Drovisions of Ordinance No. 1366. to allow simultaneous installation of infrastructure and structures in Westfield. Phase III; refer to staff for DreDaration of aareement . Authorize transfer of $230.680 from the General Fund to a scecial revenue fund for renovation of the Law and Justice Center in Fiscal Year 1993 Claims It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons 07-06-93 --.. - ---.------.---.... - 7 - to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. _ece.. - 4:10 p.m. Mayor Swanson declared a break at 4: 1 0 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Continued Dublic hearina - Commission Resolution No. 2914 - intent to annex 4.078 acres - Lot 1. Gordon Mandeville State School Section Subdivision (old KBMN site) This was the time and place set for the continued public hearing on Commission Resolution No. 2914, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2914 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 PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Swanson reopened the continued the public hearing. Senior Planner Dave Skelton presented the staff report. He reminded the Commission that he had made a comprehensive presentation of the report at the May 17 meeting; and at the May 24 meeting, the Commission adopted this resolution, stating its intent to annex the subject parcel. He noted that the subject 4.078-acre parcel is known as Lot 1, Gordon Mandeville State School .ection Subdivision, located at the northwest corner of the intersection of Mandeville Lane and North 7th Avenue and more commonly known as the old KBMN radio station site. He reminded the Commission that they recently considered and approved a conditional use permit application to allow two retail uses in the existing building. The Planner briefly highlighted some of the major issues in his staff report. He stated that 07-06-93 --.....-. .-. __.n _____ - 8 - the Director of Public Service has indicated there are adequate water and sewer services in Mandeville Lane to serve the subject parcel. However, there is no storm sewer service available, so the applicant must provide on-site detention/retention facilities. The Senior Planner stated that the applicant, Mr. William B. Thompson for Thompson _roperties, has been working with the developers of the new Ramada Inn, which is located .. southwest of the subject site, on a method for improving Mandeville Lane. He stated that while both developers would like to begin the SID/RID process to improve that roadway to a City street standard, they also recognize the problems they could encounter in such action. He noted that they have agreed to at least improve Mandeville Lane to a County standard at this time, which is a condition for approval of both projects. Senior Planner Skelton stated that the applicant is proposing the possible subdivision of the 4.078 acres into four commercial lots, through a long-range master plan for the parcel. He stated that if that occurs, it may be necessary to improve Flora Lane as an access to some of those lots. The Planner stated that staff has reviewed this application in light of the eight goals and .welve policies set forth in Commission Resolution No. 2716; and those findings are included in the staff report dated May 17, 1993. He stated that the application is generally in compliance with most of the goals and the policies, except that the parcel is less than five acres, and is neither wholly surrounded nor bounded by the City on three sides. He then reviewed the staff summary, which suggests that the following items be addressed in the Annexation Agreement: 1. That the applicant provide waivers of right to protest the creation of an SID for improvements to Mandeville Lane and Flora Lane to full City standard streets; 2. That the applicant provide a waiver of right to protest the creation of an SID for signalization at the intersection of North Seventh Avenue and Mandeville Lane/Griffin Drive; 3. That the applicant provide the appropriate fee in lieu of usable water rights; and . 4. That the applicant provide a legal metes and bounds description completed by a Montana licensed surveyor of the annexation request, identifying the general area of the parcel in question and the adjacent public road rights-of-way (North Seventh Avenue, Mandeville Lane and Flora Lane). The Planner stated that the first item was also a condition for approval of the Conditional Use Permit, since staff was uncertain about which process would be completed first; and that 07-06-93 - --.------ - . - 9 - condition has already been met. He noted, however, that it should remain a part of the annexation agreement. Senior Planner Skelton stated that, as of this afternoon, the Planning Office had not received any oral or written comment on this requested annexation. e Responding to Mayor Swanson, Planner Skelton stated that he feels that if the four items isted above are adequately addressed in the annexation agreement, the staff's concerns will be alleviated. He then noted that substantial discussion has revolved around improvements to Mandeville Lane. Mr. William Thompson, Thompson Properties, emphasized the fact that he is working with representatives from the Ramada Inn to negotiate a plan for improving Mandeville Lane that is acceptable to everyone. He noted there are some legal issues that must be resolved before an SID/RID can be requested, including a ruling on which adjacent property owners may be exempt from assessments. He will be meeting with Gaston Engineering tomorrow regarding a contract for engineering services for improving Mandeville Lane to City standards, although it may be possible only to improve the roadway only to County standards at this time. . Senior Planner Skelton noted that Mr. Thompson has taken the lead in solving a problem which the City has faced for some time. He stated that if the Wheat Subdivision had been created under the current zoning requirements, Mandeville Lane would have been improved immediately; and it would not be an issue now. City Manager Wysocki stated that neither he nor the Clerk has received any written comment regarding this requested annexation. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. .' It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize and direct staff to proceed with the necessary steps for annexation of the subject parcel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. 07-06-93 n .._ _ _... . _.... . . - 10 - Continued Dublic hearing - Conditional Use Permit - Steve SDarks - to allow the construction of a 5.077-sauare-foot office building on Lot 1. Remington Subdivision (1822 West Lincoln Street) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Steve Sparks, under Application No. Z-9356, to allow the construction of a 5,077-square-foot office building on Lot 1, Remington Subdivision. The subject parcel is more ,.0mmonIY located at 1822 West Lincoln Street and is zoned R-4, Residential, High-density District. City Manager Wysocki submitted to the Commission a fax message from Paul Siderius, Jerry Locati Architects, dated July 6 and received in the Planning Office this afternoon, requesting that this public hearing be reopened and continued to the evening of July 19. He suggested that in this instance, since no one from the public is present to address the issue, it would be appropriate to honor this request and reopen and continue the public hearing. He cautioned, however, that the Commission should consider establishing a policy under which if anyone from the public is present to speak, the staff report be made and the public present be allowed to speak before the public hearing is continued. Responding to Commissioner Frost, the City Manager stated that, to date, no limitation on the number of extensions for a public hearing has been set. He noted that when no public is .resent to speak on a subject, extensions are no problem; however, they do become a problem when there is public interest. He suggested that the Commission should consider establishing a . policy when there is no critical issue before them, rather than in a reactive situation. Mayor Swanson reopened and continued the public hearing to 7:00 p.m. on Monday, July 19, per the applicant's request. Adjournment - 7:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, .ommissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 07-06-93 . . - 11 - ~~~ _TTEST: TIMOT Y S SON, Mayor ( e~o/ ~~ ROBIN L. SULLIVAN Clerk of the Commission . . 07-06-93