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HomeMy WebLinkAbout1989-03-06 ,- ~:~.~'_._- ~,"""" -'.:,.. ::'I!IIII""" 1>4. ~ fJ'!.. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 6, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 6, 1989, at 2:00 p.m. Present were Mayor Pro Tempore Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manag- er Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Mayor 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 Mayor Pro Tempore Hawks deferred action on the minutes of the regular meetings of February 21 and February 27, 1989 until next week. Sweet Pea 189 - Au ust 4, 5 City Manager Wysocki submitted to the Commission a letter from William S. Rose, Chairman of the Auxiliary Services for Sweet Pea '89, requesting exclusive use of Lindley Park on August 4, 5 and 6, as well as a waiver of the open container ordinance for those dates. The City Manager also submitted to the Commission a "Special Permit for Park Use", noting that this is the document which has been used in the past few years for this activity. He then recommended that the Commission authorize him to sign the use permit and approve the application for waiver of the open container ordinance. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize and direct the City Manager to sign the Special Permit for Park Use for Sweet Pea '89, and approve the waiver of open container ordinance for said event. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Staff updates - (a) Finance, and (b) Planning and Building Inspection City Manager Wysocki stated that Administrative Services Director Miral Gamradt and Planning Director Andy Epple are present. (a) Finance. Administrative Services Director Gamradt submitted to the Commis- sion an outline of accomplishments for the past year as well as a listing of goals for next 03-06-89 ~- :" , ~. ,I -2- year, under the separate division headings of accounting, treasury, purchasing and data processing. He noted that Peg Biekert, Controller; Joanne Riley, Treasurer; Pat Boyd, Purchasing Agent; and Bob Schunke, Computer Programmer, are present to respond to questions. In response to a question from Commissioner Vant Hull, the Administrative Services Director stated that the City had contracted with the Credit Union for administration and accounting of the Community Development Block Grant program. He noted that arrange- ment proved unsatisfactory; therefore, the City's Accounting Division has taken over that responsibility. He indicated that the administrative fee attached thereto is now being paid to the City rather than the Credit Union. I n response to another question from Commissioner Vant Hull, Mr. Gamradt indicat- ed that an automated allocation of property tax monies has been developed. He noted that the property tax monies received must be distributed among the special revenue funds as well as the general fund; and that spl it can now be done on the computer rather than by hand. Commissioner Vant Hull then stated support for merit pay, asking if that has been implemented. The Administrative Services Director stated that the City is in the process of imple- menting a pay plan for those personnel not included in the three organized bargaining groups. He noted that at the present time, some employees are at 92 percent of the 1984 wage scale contained in that plan; and it is difficult to provide merit pay for some employ- ees while others are so far below the wage scale. He stated there is a provision for merit pay in that plan; and after all employees are at 100 percent of the scale, it may be possi- ble to implement merit pay in the plan. The Administrative Services Director then remind- ed the Commission that an incentive awards program has been implemented, with quarterly competitions. He noted that Peg Biekert was one of those who received an award during the first quarter of this program. In response to questions from Commissioner Martel, the Director stated each employ- ee has a password to enter the computer; and that password allows the employee access to only certain files and programs. Commissioner Goehrung noted he has received expressions of concern that informa- tion submitted on an issue may not be complete or may not b~ accurately transmitted on a verbal basis. He then suggested that printed information sheets on various activities and procedures could possibly alleviate those concerns. The Administrative Services Director stated that he plans to prepare one-page bro- chures on various items, such as explanations of the water/sewer bills and commonly asked questions and answers pertaining to special assessments. He noted that the printed 03-06-89 :...:7-R' '1:",.,.'- J") lit. -' &. -3- information will provide more consistency in responses, although they may not totally an- swer a person's specific questions. I n response to a question from Mayor Pro Tempore Hawks, the Director stated that STI P investments are almost exclusively In government securities. Administrative Services Director Gamradt stated he met with Peggy Voorhees, Direc- tor of the Humane Society, last week to discuss the possibility of their selling cat and dog licenses. He stated she has agreed to sell licenses through the Humane Society, with the City retaining all basic licensing fees and the Humane Society will retain all late fees. He stated the City Attorney is preparing an agreement; and after that is signed, the Humane Society will begin selling licenses. I n response to a question from Commissioner Vant Hull, the Director stated that one bank has taken advantage of the option to match the STI P investment rates to receive City investments. I n response to a question from Commissioner Vant Hull, the Di rector stated that HB175 would allow local governments to enter into a repurchase agreement with any finan- cial institution in the State. He noted It would be beneficial for small communities but probably would not be for Bozeman. He stated that under the existing arrangement, the City's demand account is maintained at a very low level; and if the account is overdrawn, monies are automatically transferred from the repo account to cover the overdraft. The Commission thanked Administrative Services Director Gamradt and his staff for the presentation. (b) Planning. Planning Director Andy Epple distributed to the Commission an up- date on the activities in the Planning Departmept for the past year. He stated that under the 1987 revision of the structure of the department, it noW, has four separate divisions: (1) plannjng, (2) zoning enforcement, (3) building inspection and (4) community develop- ment. He briefly reviewed the activities covered under each of those divisions, noting that the staff provides technical assistance to the City.,.County Planning Board, Zoning Commission and Board of Adjustment. The Director noted that last year, the City prepared a successful economic develop- ment grant for I LX Lightwave. He noted the department currently administers two eco- nomic development grants and one rehabilitation revolving loan program; and he is con- sidering the possibility of seeking a new rehabilitation grant this year. He indicated that the 1984 rehabilitation program has been finalized; and the revolving loan program is now in operation. The economic development loan for Schnees' Boot Works has been prelimi- narily closed, and the first payment is due in January 1990. He noted that the I LX Lightwave economic development loan is nearly complete; and repayment is due to begin in one and one-half years. 03-06-89 ... __ _____._n____... _n. _ \ ..;. .'11" " . -4- Planning Director Epple stilted that since 1987, when the structure of the depart- ment was revised, he has overseen the operations of the Building Inspection Division. He noted that at that time, the Planning staff also began providing technical assistance to the Board of Adjustment, which had formerly received its input from the Building Official. He stated he feels it is important for the Board of Adjustment to receive technical assistance in making decisions which are defensible from legal and planning standpoints, since those decisions may be appealed only through the District Court. The Planning Director stated that most of the staff time is directed to zoning is- sues, including processing of appl ications for conditional use permits, zone map changes and zone code amendments, as well as enforcement of the zone code. He noted that sub- stantial staff time is also devoted to planning activities, including updating of the master plan and processing of master plan amendments, as well as review of subdivisions. Planning Director Epple stated the last page of the report outlines the number of various planning and zoning activities which were addressed in 1988, noting it provides an indication of how the staff time was spent. The Planning Director stated that the office has recently begun to review business license applications to ensure compliance with the zoning regulations. He noted this has helped to address the problems which had previously arisen with relocation of businesses; however, those exempt from the business license requirements can still relocate to a site not zoned for that use. Planning Director Andy Epple stated that in the past, he has overseen the historic preservation activities. He noted the City currently has an active historic preservation officer; and the program is moving forward under the Historic Preservation Advisory Com- mission. He stated that office has received a small grant, which is administered through the Planning office. Planning Director Epple stated he did not attempt to address the future of the planning and zoning functions because of the uncertainties which exist. He noted that the ad hoc committee's recommendations are currently being discussed by both the City and the County; and the future of those activities depends on the outcome of those dis- cussions. He then suggested It may be more appropriate to discuss future issues at the joint meeting on March 27, when possibly more definitive statements can be made. Commissioner Vant Hull asked how many zoning violations there have been, and fur- ther asked If the staff has reviewed formerly issued conditional use permits to ensure that all of the conditions have been met. The Planning Director responded that the Planning staff needs feedback from the City Commission on whether they will support the staff in efforts to enforce the conditions contained in approval of conditional use permits. He stated that at the present time, only 03-06-89 I ,. . .( , -5- those violations on which complaints have been received or which other City personnel have found are the only ones being addressed. He indicated that the staff attempts to gain compliance in the initial two or three contacts, after which the issue is turned over to the City Attorney for action. In response to a question from Commissioner Goehrung, the Planning Director brief- ly reviewed the procedure followed for after-the-fact violations. He noted that once a problem is found, the staff contacts the individual with an outline of the procedure required to bring the use into conformance. He noted that neither the Zoning Commission nor the City Commission Is comfortable In dealing with this type of situation. Commissioner Martel noted a second prong of the business licensing procedure was to implement an inspection fee for those businesses which are exempt from the licensing requirements. He then asked about the status of that issue and whether that would pro- vide a mechanism for addressing that problem. City Manager Wysocki stated the staff must prepare an ordinance establishing those inspection fees; and that step has not yet been completed. Commissioner Martel suggested that Community Development Block Grant monies not be used to rehabilitate non-conforming uses. Planning Director Andy Epple stated some communities have established a penalty for after-the-fact permits, in some instances through doubling of the fee structure. He noted this tends to decrease the number of violations and suggested that such an approach could be beneficial in Bozeman. Commissioner Martel expressed concern that the building inspection fees have been recently revised administratively, rather than through Commission action. He then sug- gested that the Commission should establish those fees, rather than administration, espe- cially when substantive changes are being made. The Commissioner then suggested that this Item be placed on a future agenda for additional discussion. In response to a question from Mayor Pro Tempore Hawks, Planning Director Epple stated the staff is no longer tracking their hours. He noted he had developed a rather comprehensive timesheet on which to split hours into various functions; however, complet- ing it was time-consuming; and the data was not utilized to the extent that it was cost beneficial. He also stated he feels there is an artificial distinction between planning and zoning activities. He noted that typically staff has a tendency to complete timesheets to reflect the percentages of funding, rather than the actual duties performed. The Planning Director then suggested that if necessary, the staff could possibly implement a simplified breakdown of hours spent on the various activities. Mayor Pro Tempore Hawks expressed concern about zoning enforcement being done on a complaint basis. He suggested that other City personnel who are out on the street 03-06-89 , h ~ - , -6- on a regular basis, such as the garbage crews, could possibly alert the Planning staff to building activities around the community. Commissioner Vant Hull stated she feels the Commission should address the issue of enforcing conditions attached to conditional use permits. She then asked for a listing of the existing violations so the Commission can address the matter. City Manager Wysocki questioned the need for a listing of existing violations. He stated the Commission should address the issue on it conceptual basis, rather than ad- dressing each violation separately. Commissioner Vant Hull stated a listing would give the Commission an idea of the severity of some of the violations. She also noted that a tour of specific sites, such as was conducted for the sidewalk program, could be very helpful in the decision-making pro- cess. Commissioner Goehrung concurred that a tour would be helpful. He also noted that a listing of the violations, including the severity and numbers involved, could be useful in this process. Planning Director Epple stated that issue could be researched. He then suggested that an amortization schedule for non-conforming uses could be Implemented, under which the property owner would be given a specific amount of time In which to comply with the conditions for approval. The Commissioner thanked Planning Director Epple for his presentation. Break - 3:20 to 3:27 p.m. Mayor Pro Tempore Hawks declared a break from 3:20 p.m. to 3:27 p.m., In accor- dance with Commission policy established at their regular meeting of March 14,1983. Discussion - grant application to Sweet Pea committee for monies for 1989 beautification projects City Manager Wysocki submitted to the Commission it copy of a proposed grant ap- plication to the Sweet Pea committee for $10,000 to fund a coordinator/grant writer position for this Centennial Year. He noted this application has been prepared with several signa- ture lines, to represent the diverse community support for this project. He then suggest- ed that the Commission review and approve this application so that the appropriate signa- tures can be gathered and the application submitted to Sweet Pea prior to the deadline for their March 15 meeting. The City Manager then distributed to the Commission copies of the pages from the beautification committee report that will be submitted as back-up to the application. Commissioner Vant Hull asked if there is any way to encourage vacant lot owners to 03-06-89 ___.. ......n ... ...._.___.___.____..___._._.__.______....___..... ..._ ,. ~ ; " . -7- maintain those lots besides through the proclamation. She noted that to have those lots maintained would greatly enhance the appearance of the community. The City Manager noted that during the clean-up campaign just before U.S. West representatives toured the community, most people were willing to do their part in enhanc- ing its appearance. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission approve the grant application to Sweet Pea for the Centennial Year beauti- fication project, as submitted; and authorize and direct staff to obtain the necessary sig- natures and submit the application to Sweet Pea prior to their March 15 meeting. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Discussion - proposal for city-wide rabies immunization of pets City Manager Wysocki stated that Commissioner Goehrung had requested this item be placed on the agenda. Commissioner Goehrung submitted to the Commission a memo concerning this issue. He stated that last year, the Humane Society sponsored a rabies clinic; however, it was not successful. He then suggested that the City may wish to consider sponsoring a ser- vice/education clinic this year, similar to one which was held approximately ten years ago. He stated that under this program, the City and any co-sponsors would purchase the rabies vaccine at cost and would establish the time and place for the clinic. He stated that individuals would then be charged a fee which would cover the costs of the clinic. The Commissioner suggested that the City could also sell licenses at that time, as a conve- nience to the residents. Commissioner Goehrung stated his conversations with local veterinarians revealed their hesitancy in becoming involved in this type of clinic, noting they emphasize the need for total pet care. He noted that if this clinic Is held, people must be encouraged to go to the veterinarian of their choice for complete care, with emphasis being placed on spay- Ing or neutering. Commissioner Goehrung then stated he has discussed this matter with the County Commission. He noted one of the Commissioners is out of town this week, so no decision will be made on whether they wish to participate at this time. He stated the cost may be a factor in their decision. He also indicated that it may be difficult for them to participate without a dog licensing ordinance in place. The Commissioner then suggested that a letter be sent to Mr. Larry Stackhouse, President of the Southwest Veterinarians Association, inviting them to participate in a 03-06-89 .~--.- I >, . ... .. -8- rabies clinic. Commissioner Martel suggested that now may not be the time to address this type of program. He noted that waiting until after a quarantine has been imposed may be more appropriate. He noted an educational program on the liability exposure from an animal with rabies may be beneficial at this time. Commissioner Goehrung suggested that if the Commission concurs, the Mayor Pro Tempore could send a letter to the President of the Southwest Veterinarians Association asking if the local veterinarians would be willing to participate In a rabies clinic. The Commission concurred. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" Items. (1) Agenda for the Board of Adjustment meeting being held today. (2) Agenda for the City-County Planning Board meeting to be held on Thursday, March 9, 1989. (3) Invitation to participate in a Charrette to be held on March 31 concerning design of a Montana State University Centennial Mall. He noted a follow-up design presen- tation has been schedu led for Aprl I 18. (4) The City Manager reminded the Commission that the Montana Municipal Clerks Institute and the Elected Officials Workshop are being held next week. (5) The City Manager noted one of the Items I isted under Consent Items is au- thorization of signatures on the Water Bond Purchase Agreement. He stated various items concerning this bond issue will be submitted to the Commission for action over the next four weeks, briefly enumerating them. He indicated this is simply routine procedure. (6) The City Manager indicated that the Board for MMIA will be meeting on Fri- day in Helena. (n The City Manager stated that Three Rivers Disposal is currently dumping at the City's landfill. He stated he has sent a letter to the company, a copy of which was placed in the Commissioners' mailboxes. (8) Commissioner Vant Hull briefly reviewed the following legislative issues which may be of interest to the Commissioners. She noted the gambling bill is being considered today. She noted it has been amended so the only possible local regulation will pertain to hours of operation. (9) Commissioner Vant Hull stated the House hearing on Senator Eck's annexation bill is scheduled for Thursday; and she plans to attend. (10) Commissioner Vant Hull stated she is carefully following the various taxation 03-06-89 ., . .' . '" -9- bills, which are currently in the Taxation Committee. (11) Commissioner Vant Hull noted that copies of the minutes concerning the Green Thumb presentation have been distributed in the Commissioners' mailboxes, as re- quested. (12 ) Mayor Pro Tempore Hawks stated he went to Helena Saturday and received the certificates of registration for all of the City's historic districts. The City Manager suggested the Historic Preservation Advisory Commission be asked how they would like the certificates displayed. (13) The City Manager submitted to the Commission the snowfall report for Janu- ary 1989. (14 ) The City Manager reminded the Commh~sion of Interagency Breakfast, which is to be held at 7: 00 a. m. on Wednesday at the Baxter. (15) Clerk of the Commission Sullivan stated she has received letters of resigna- tion from Jeff Ball, member of the Board of Adjustment, and from Kathy Ball, member of the steering committee on beautification. (16 ) Mayor Pro Tempore Hawks stated the County will have a vacancy on the City- County Planning Board, effective in March. He noted the County Commission has indicated it does not intend to fill that vacancy pending the possible reorganization of the Planning Board and Zoning Commission. (17 ) Commissioner Martel stated he and City Manager Wysocki attended the open house at I LX Lightwave on Friday afternoon. He indicated it Is gratifying to see an oper- ation of this type in Bozeman. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "DeMolay Week" - March 13-:19, 1989 Authorize appropriate signatures - Water Bond. Purchase Agreement Building Inspection Division report for. February. 198~ Claims It was moved by Commissioner Goehrung; seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary 'actions. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Recess - 4:10 p.m. Mayor Pro Tempore Hawks declared a recess at 4:10 p.m., to reconvene at 7:00 p.m., to conduct the scheduled public hearings. 03-06-89 I . < " . -10- Reconvene - 7:00 p.m. Mayor Pro Tempore Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the scheduled public hearing on Commission Resolution No. 2737, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2737 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF NORTH IDA AVENUE LY- ING BETWEEN LOT 14 OF BLOCK 1 OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN THE NORTHERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF-WAY ON THE SOUTH AND THE SOUTH- ERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY, IN BLOCK 1 OF THE ROUSE'S FI RST ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE-ESTABLlSHED IN BLOCK 32 OF THE NORTHERN PACIFIC ADDI- TION TO THE CITY OF BOZEMAN ON THE NORTH. Mayor Pro Tempore Hawks opened the public hearing. City Manager Wysocki reviewed the staff report which was submitted to the Commis- sion at their February 13 meeting. He noted the Director of Public Service has recom- mended approval of the requested street vacation, subject to two conditions: 1. The applicant shall hire a licensed surveyor to prepare and file the documents necessary to rededicate the alley east. of vacated North Ida Avenue; and 2. The applicant shall sign a waiver of right to protect the creation of an alley improvement SID; If the SID has not been formed at the time of development of this property, the applicant shall improve the alley to City standards from their western boundary east to the north/ south alley adjacent to Lot 18, and said north/south alley south to East Mendenhall Street. Mr. James W. Vollmer, representing Owenhouse Hardware, stated that while he was serving as a City Commissioner, the North Ida Avenue right-of-way north of the east/west alley to East Lamme Street was vacated. He stated that Owenhouse Hardware has pur- chased the property on both sides of the North Ida Avenue right-of-way lying between East Mendenhall Street and the east/west alley. He noted that a 45-foot-long strip of the alley along the Owenhouse property has been vacated, except for a 3-foot-wide strip. He indicated that the strip has remained open for alley purposes, noting the garbage trucks utilize it on a regular basis. Mr. Vollmer stated the applicant agrees with the two proposed conditions, noting that a surveyor is currently preparing the necessary documents to rededicate the alley. He stated that the applicant is prepared to sign the waiver of protest to the creation of an alley improvement 5 I D . 03-06-89 --- .._-'_.,-'--'----"~ .-- , ; .. . ~ I .. -11- Mr. Vollmer stated that Owenhouse Hardware plans to utilize the property for con- struction of a warehouse facility; and they hope to begin construction on that facility this summer. Mayor Pro Tempore Hawks closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize and direct the staff to prepare an ordinance for vacation of the portion of North Ida Avenue lying north of East Mendenhall Street and south of the east/ west alley, subject to the two conditi,ons listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. the This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Volney W. Steele and Darwin C. Lehfeldt for a Planned Unit Development to allow the phased expansion of a motel on Lots 1, 2, 3 and the north 15 feet of Lot 4, Block 2, North Seventh Addition. The site is more commonly located at 810 North 7th Av- enue. Mayor Pro Tempore Hawks opened the public hearing. Planner Debbie Arkell presented the staff report. She stated the proposed condi- tional use permit would allow for phased expansion of the Sunset Motel and Trailer Park, located at the corner of North Seventh Avenue and West Tamarack Street. She stated that because more than three buildtngs are involved in the proposed expansion, the major planned unit development process must be followed. She then reviewed the proposed site plan for the area, enumerating the construction to be done in each of the three phases. She stated that after the three phases have been completed, there will be thirty motel units, a residence and an office; and 32 parking spaces will be provided. Planner Arkell stated that the staff had recommended that the sidewalk along North 7th Avenue be installed during Phase II of the project. She stated the appl icant stated his opposition to that condition, indicating he would be willing to install the sidewalk at the same time as others along North 7th Avenue do so. She noted that, in accordance with the sidewalk policy adopted by the Commission In December 1988, the Zoning Commission revised the condition to require that the applicant install the sidewalk along North 7th Avenue as part of the Phase I improvements. Planner Debbie Arkell stated that following the public hearing before the Zoning Commission, staff found that the sidewalk to be installed along North 7th Avenue must be in an easement provided by the applicant. She stated the public right~of-way extends 5 03-06-89 . , -" P, ' -12- feet 6 inches from the back of the curb; and a sidewalk should not be constructed Immedi- ately adjacent to an arterial. She then submitted revised language for Condition No. 2 to address that issue. Commissioner Martel expressed concern about requiring the applicant to install the sidewalk at this time, particularly since It must be on an easement. He suggested that to require the sidewalk be installed away from the street across this property could later result in a zig zag sidewalk if some individuals refuse to sign an easement agreement. City Manager Wysocki reminded the Commission that they have recently adopted a sidewalk policy; and the condition as proposed by Planner Arkell conforms with that poli- cy. I n response to a question from Commissioner Goehrung, Planner Arkell stated the applicant plans to remove five trailer units during Phase I of the project. I n response to a question from Mayor Pro Tempore Hawks, the Planner stated that the north/south alley has been vacated; however, it will be used as the access from West Tamarack Street to the four parking spaces which are to be installed during Phase III. Mayor Pro Tempore Hawks stated support for requiring the installation of a sidewalk along North 7th Avenue during construction of Phase I, in an easement immediately adja- cent to the public right-of-way. He noted it is inappropriate to place pedestrians adjacent to a busy arterial. He then stated optimism that sidewalks will be installed along North 7th Avenue within the next two years, as a part of the beautification project if possible. Commissioner Martel stated he would prefer reqUiring the installation of sidewalks for this project at the same time the other sidewalks are installed along North 7th Avenue, particularly If It Is anticipated within the next two or three years. No one, including the applicant, was present to speak in support of or in oppo- sition to the proposed conditional use permit. Mayor Pro Tempore Hawks closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Commissioner Goehrung asked if the applicant has been informed that he will be required to construct the public sidewalk in an easement which he has provided. Planner Arkell stated the Issue surfaced this morning; and the applicant has not been informed. She then indicated that the applicant had planned to be present for this public hearing. City Manager Wysocki recommended that the Commission approve the conditional use permit with the conditions as revised by the Planning staff. " 03-06-89 -.. ., . , P, . -13- It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Conditional Use Permit requested by Volney W. Steele and Darwin C. Lehfeldt for a Planned Unit Development to allow the phased expansion of a motel on Lots 1, 2, 3 and the north 15 feet of Lot 4, Block 2, North Seventh Aqditlon, subject to the following con- -,. ditions: 1. Water and sewer services for Phases I and III, surface drainage plans and curb cut details must be reviewed and approved by the Director of Public S~rvice prior to final site plan approval; ,!" 2. The property owners shall provide;~a S-foot, 6-inch public sidewalk easement adjacent to the North 7th Avenue right-of-way and shall in- stall a sidewalk, as approved by the Director of Public Service, with- in that easement In conjunction with Phase I improvements; 3. Security lighting shall be provided between the existing 4-unit struc- ture and Phase I expansion, and shall be shown on the final site plan; 4. Landscape protection devices shall be approved by the Director of Public Service prior to final site plan approval; 5. Structural, electrical and building plans must be approved and signed by a licensed architect or engineer prior to the final site plan ap- proval; 6. All requirements of the zoning code as discussed in the staff report regarding paving, landscaping, snow storage , parking and signage must be met; 7. Three copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit or busi- ness license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department and one signed copy shall be retained by the applicant; 8. If improvements are not installed prior to final site plan approval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans and methods of security shall be made part of that agreement; 9. If occupancy of the structure or commencement of the use Is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 10. All on-site improvements for Phase I shall be completed within 18 months of final site plan approval of the Conditional Use Permit. All on-site improvements for Phase II shall be completed by December 31, 1995; and all on-site Improvements for Phase III shall be completed by December 31, 2000. The Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan for Phase I. Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site Inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No being Commissioner Martel. ,. 03-06-89 .- " ,. ~ , .. r .., . -14- improvement pro ram for This was the time and place set for the public hearing on the tentative appro- priation ordinance for the capital improvement program for the period October 1, 1988 through September 30, 1989, as approved by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERI- OD OCTOBER 1, 1988 THROUGH SEPTEMBER 30, 1989. Mayor Pro Tempore Hawks opened the public hearing. City Manager Wysocki briefly reviewed the various projects contained in the ordi- nance. He noted that four items have been asterlsked per previous Commission dis- cussions; and those items will be placed on the agenda for specific Commission approval prior to purchase. He then indicated that the City does have monies to cover the costs of all of the projects contained within this appropriation ordinance. The City Manager stated one of the projects listed in the capital improvement pro- gram is refurbishing of the bandshell in Bogert Park, noting that one-half of the costs of the project are to be funded through donations. He then noted that the initial plans for the refurbishing project have become complicated because the architect who agreed to pro- vide his services at no cost has left the community. He stated this causes the need to find another architect who will make the same offer, or the "request for proposal" process must be followed. He then indicated that because the project is over $10,000 and City monies are involved, the bidding process must be followed for construction of the improve- ments. He stated this complicates the plans to possibly utilize the AGC student chapter for this project. Mr. Henry Gardiner, 16 Graf Street, stated the volunteer group has approximately $23,000 in hand, including the Rotary Club donation; and he anticipates the project will cost approximately $44,000. He stated an interest in beginning the project as soon as pos- sible, noting it is anticipated the project can be completed in a six-week period. He in- dicated he would like to have the project completed before the first band concert, which is scheduled for the second week in June. Mayor Pro Tempore Hawks closed the publ ic hearing. The appropriation ordinance for the capital improvement program will be placed on the March 20 agenda for final adoption. Adjournment - 7:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be 03-06-89 ,- ~ ~; ~ t. ...... -15- adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. -- 03-06-89