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HomeMy WebLinkAbout1990-07-23 ~. J ~ ....,.. ' ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 23, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 23, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker 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 - July 16, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of July 16, 1990 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Comm iss ioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Continued discussion - A Fourth Subdivision This was the time and place set for the continued discussion on Condition Nos. 10 and 11 for approval of the major site plan as set forth by the City-County Planning Board, as filed by David H. Nelson, representing K-Mart Corporation, for Lots 1 and 2, Block 4, Westlake1s Fourth Subdivision. The subject site is more commonly located at 1126 North 7th A venue. City Manager Wysocki reminded the Commissioners that they had conducted the pub- lic hearing on this request at last week's meeting, after which they approved Condition Nos. 1 through 9 and 12, as slightly modified, and referred Condition Nos. 10 and 11 to the Design Review Board for their review and recommendat ion to be submitted at this week's meeting. The City Manager then distributed to the Commission a memo dated July 23 from the Design Review Board addressing those two conditions. Mr. Ralph Johnson, member of the Design Review Board, stated the Board reviewed Condition Nos. 10 and 11, referred to them as follows: 10. All signs on the subject property shal I be brought into compl iance with the Interim Sign Code; 11. Landscaping and signs on the subject property shall be reviewed by the Design Review Board and brought into compliance with the re- quirements of Section 18.43.050 (Design Criteria and Development 07-23-90 '> . .' l ~. .- .. ,!", - 2 - Standards) of the Interim Zoning Ordinance; Mr. Johnson stated that, following review of the site plan submitted by Mr. Carmelo Cea at the July 17 Commission meeting, the Design Review Board determined that Condition Nos. 10 and 11 should be replaced by the following five conditions. He noted that in a telephone conversation with Mr. Cea, the architect of record for K-Mart Corporation, he stated verbal agreement with these conditions as set forth. 1. That the second row of landscaped islands (to the east of the plant- ing area adjacent to North 7th Avenue) be relocated to the west such that the landscaped elements contained therein be added to and be- come a part of a continuous landscaped area adjacent to North 7th A venue. Said enlarged landscaped area will, at a minimum, be sixty (60) feet in width, and shall include all trees, shrubs, grass, and berms as depicted on the above-referenced Plan; Mr. Johnson stated this condition would move the second row of landscaped islands closer to North 7th Avenue, thus creating a denser landscaped buffer along that entryway to the community. 2. That a landscaped storm water detention facility. designed to a I so provide primary treatment of storm water runoff from the entire site, be developed in an approximate eighty (80) by two-hundred (200) foot area to the north of the proposed addition, including and immedi- ately adjacent to the landscaped front yard along Oak Street. Said detention/treatment faCility shall be designed by a professional engi- neer, subject to review and approval of the Director of Public Ser- vice; Mr. Ralph Johnson stated that the Design Review Boa rd was concerned about on-site retention of storm water. He noted that under this condition, an area approxi- mately 80 feet by 200 feet would be set aside at the northeast corner of the subject prop- erty for storm water runoff. He stated the site would be designed by a professional engi- neer and would be a grassed area which would meet some of the landscaping requirements for the site. He indicated that storm water would run to this site, where it would slowly percolate to the ground, and then evaporate, be assimi lated by the vegetative root systems or travel to the storm drainage system. 3. That the three "double-tree" landscape islands in the middle of the parking lot to the west of the main building shall be eliminated, with the landscape elements depicted therein incorporated into the land- scaped detention/treatment facility along Oak Street described in Con- dition No. 2 above; Mr. Johnson noted that this condition represents a compromise which was suggested by K-Mart Corporation. He stated that following discussion, the Board felt that relocation of three of the double tree landscape islands from the parking lot to the storm water de- tention area would be appropriate, due to the heavy landscape buffer to be provided along North 7th A venue. He noted that this change will decrease the costs to K-Mart Corpo- ration because it will reduce the number of cuts which must be made in the asphalt and the sprinkler system extensions which must be provided. 4. That in consideration of installing the additional landscaping in the manner described above, K-Mart is entitled to keep Existing Signs 1-4 07-23-90 .,":;~ . .. '" 1 .~ .. .. - 3 - as depicted on the July 17, 1990 Plan, subject to the "Amortizationll and/or II Except ions To Specific Conformity" provisions set forth in Chapter 18.65 of the Interim Zoning Code. However, Existing Sign 5 as depicted must be removed immediately; and Mr. Ralph Johnson highlighted the locations of the existing signs on the site, not- ing that the four existing signs on the building will be allowed to remain at the present time, thus becoming subject to the amortization provisions of the interim zoning ordinance. He stated that the fifth existing sign, which is located near North 7th Avenue, must be removed immediately. 5. That due to the need for K-Mart to take advantage of the current construction season, and due to the fact that it may take up to sev- eral weeks to prepare the necessary documents and gain final ap- provals as required by the conditions imposed, site preparation and foundation excavation may commence immediately as provided for by the Uniform Building Code; however, no concrete shall be poured un- til a Final Site Plan and all accompanying documents have been sub- mitted for review and approved by the Planning Director. Mr. Johnson stated that, in conformance with the Uniform Building Code, this type of condition may be added to allow the applicant to begin site preparation while completing the necessary documents and plans for review and approval by the Planning Director. He stated that under this condition, all work preparatory to pouring of concrete may be com- pleted; however, the concrete may not be poured until all documents have been completed and approved by the Planning Director. He encouraged the Commission to include this condition, stating he feels that the project should be allowed to begin as soon as possible. Commissioner Swanson noted that Condition No. 12. which was approved by the Com- mission at last week's meeting, requires that an on-site water detention facility be pro- vided for the addition, following hydrology studies by a licensed engineer. He then asked if the conditions proposed by the Design Review Board conflict with that condition. Mr. Johnson stated that the conditions recommended by the Design Review Board are complementary to, not in conflict with, that condition. Responding to questions from Commissioner Goehrung, Mr. Johnson stated that the two extensively landscaped areas to be provided along North 7th Avenue and West Oak Street are acceptable compromises, noting that they will provide a much improved corridor in that area. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the major site plan requested by David H. Nelson, representing K-Mart Corporation, for Lots 1 and 2, Block 4, Westlake's Fourth Subdivision, subject to the following conditions: 1. The final site plan must contain all the submittal requirements as specified in Section 18.52.030 of the Zoning Ordinance including, but not limited to: -- Adjacent street rights-of-way within 150 ft. of site -- Traffic flow information as approved by the Publ ic Service Director 07-23-90 -.----------- .. . r ~' .. . - 4 - -- Ten copies of a Landscape Plan certified by a Landscape Architect licensed to practice landscape architecture in the State of Montana -- Permits required and status of applications 2. The final landscaping plan shall comply with all mandatory provisions of Section 18.50.100 D.5 and must earn a minimum of 30 points as specified in 18.50.100 D.6; 3. Any deviations from the above mentioned landscaping provisions of the Ordinance must be approved as a variance granted by the City Commission; 4. A landscaped or solid screening shall be installed along the entire length of the east property line, at the time that development occurs east of North 5th Avenue. Said screening shall be designed accord- ing to Section 18.50.100.D.6a.4., unless otherwise approved by the Planning Board; and shall include minimum 2i-inch caliper trees; 5. City standard sidewalks within a public sidewalk easement shall be provided along North 7th Avenue between Hemlock and Oak Streets, excepting Lot 1, Block 1 of Westlake's Second Filing frontage; 6. The applicant (K-Mart) shall demonstrate that they have a long-term (at least 25 years from date of approval by Planning Board) right of access directly to North 7th Avenue to assure the current traffic plan will be viable over the long term; 7. The applicant shall provide a waiver of right to protest creation of a Special Improvement District (SID) for street and appurtenant im- provements to North 5th Avenue, for one-half a local street standard, including asphalt street surface, curbs, gutters and sidewalks, be- tween Oak and Hemlock Streets. The applicant shall also agree to install sidewalks along West Oak Street and West Hemlock Street from North 7th Avenue to North 5th Avenue at the time development occurs east of North 5th Avenue; ) 8. The applicant shall agree to participate in the cost (estimated to be about $10,000) for city crews to pave North 5th Avenue from Tamarack to Hemlock with recycled pavement millings. The appli- cant's level of participation would be determined through post-paving traffic counts and would be limited to a maximum of 40 percent of the project costs; 9. The appl icant shall sign a waiver of right to protest the creation of an SID for installation of a 7th Avenue traffic signal at their west en- trance or at Oak Street. The waiver would be exercised when future traffic counts demonstrate a signal in this area is needed, or in con- junction with FAU project--19th and Oak; and participation in said SID will be limited to a prorata share based on the findings of an independent traffic impact study; 10. The second row of landscaped islands (to the east of the planting ar- ea adjacent to North 7th Avenue) be relocated to the west such that the landscaped elements contained therein be added to and become a part of a continuous landscaped area adjacent to North 7th Avenue. Said enlarged landscaped area will, at a minimum, be sixty (60) feet in width, and shall include all trees, shrubs, grass, and berms as depicted on the above-referenced Plan; 11. A landscaped storm water detention facility, designed to also provide primary treatment of storm water runoff from the entire site, be de- veloped in an approximate eighty (80) by two-hundred (200) foot area to the north of the proposed addition, including and immediately adja- cent to the landscaped front yard along Oak Street. Said de- tention I treatment facility shall be designed by a professional engi- neer, subject to review and approval of the Director of Public Ser- vice; 12. The three "double-tree" landscape islands in the middle of the park- ing lot to the west of the main building shall be eliminated, with the landscape elements depicted therein incorporated into the landscaped detention I treatment faCility along Oak Street described in Condition 07-23-90 - ~ --, --.---- - ~ . f ~. ... . - 5 - No. 11 above; 13. In consideration of installing the additional landscaping in the manner described above, K-Mart is entitled to keep Existing Signs 1-4 as de- picted on the Ju1y 17, 1990 Plan, subject to the "Amortization II and/or "Exceptions To Specific Conformity" provisions set forth in Chapter 18.65 of the Interim Zoning Code. However, Existing Sign 5 as de- picted must be removed immediately; 14. Due to the need for K-Mart to take advantage of the current con- struction season, and due to the fact that it may take up to several weeks to prepare the necessary documents and gain final approvals as required by the conditions imposed, site preparation and foundation excavation may commence immediately as provided for by the Uniform Building Code; however, no concrete shall be pou red until a Final Site Plan and all accompanying documents have been submitted for re- view and approved by the Planning Director; and 15. An on-site water detention facility shall be provided for the new con- struction as approved by the Director of Public Service. per Condi- tion No. 11 above. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Request for permission to address Commission re proposal for Perkins Avenue - Rudy Svehla and Greg Beardslee The City Manager noted that a number of petitions and comments from people in the area of Perkins Street were included in the Commissioners' packets. Mr. Rudolph Svehla, 419 East Lamme Street, stated he has lived at that location for approximately four years; and for the past two years, he has attempted to get the City to address the issue of Perkins Place being used as a street, although it is not wide enough to be considered a street. He briefly highlighted the history of Perkins Place, noting that many years ago, Perkins was a road, and was fairly functional for those few properties fronting that road. He noted that at that time, the street grid was to include extension of East Fridley Street and East Davis Street to North Rouse Avenue, where water mains were buried; however, street extensions were not accomplished. Mr. Svehla stated that at its entrance to East Lamme Street, Perkins Place is only 20 feet wide, widening to 30 feet for the remainder of its length to East Peach Street. He noted that in many areas, people encroach upon the public right-of-way, thus narrowing the available space to travel. Mr. Svehla stated that about ten years ago, two apartment buildings were con- structed in the middle of Perkins Place; and their only access is to Perkins, even though the lots extend to North Rouse Avenue. He noted there are currently 94 cars using what the neighborhood considers an alley every day, at all hours of the day and night. He stated that because of this traffic load and the speed at which that traffic moves, the neighbors are concerned about their children's safety as well as their own. 07-23-90 .. , r i'j;,~ ... . - 6 - Mr. Svehla then addressed the issue of the mailboxes for the apartment complexes being located on East Lamme Street, at its intersection with Perkins Place. He noted that the Post Office has a policy that mailboxes must be located where sidewalks are available; and there are no sidewalks along Perkins. He stated that the Post Office has indicated that it would consider relocating those mailboxes to North Rouse Avenue. Mr. Svehla suggested that possible solutions to the problem include the installation of one or two break-away barriers on Perkins Place, which would require traffic to exit one direction or the other and eliminate the possibility of through traffic. He suggested that solution be coupled with the requirement to provide access to the two apartment buildings to North Rouse Avenue, or possible City purchase of one of the long, narrow lots to provide a street or alley to North Rouse Avenue. He noted this would address the existing traffic load as well as the potential additional load which could be created by the construction of more apartment buildings on the three lots which are currently vacant. Mr. Svehla stated that when he approached the City two years ago, one suggested solution was paving of Perkins Place through a special improvement district. He stated opposition to that proposal, noting that it wou Id cost approximately $5,000 per property owner. He stated the majority of persons living in that immediate area are either new fam- ilies just starting out or retired persons on fixed incomes; and they can ill afford the ad- ditional costs. Mr. Rudy Svehla noted that Perkins Place is not a standard street; and the prob- lems residents incur along that roadway are not standard problems. He noted that the uno parkingU and speed limit signs which have been posted are not being observed; and some alternative solution must be found. Mr. William J. Hinson, 211 North Church Avenue, stated he bought his house thirty years ago so he could retire there. He stated he is on a fixed income and does not have monies to pay the assessments for a special improvement district. He then expressed con- cern for the Ulittle peopleu who live and play along Perkins, noting he has observed traffic moving at 40 miles per hour along that roadway. Mr. Greg Beardslee, 221 North Church Avenue, s ta ted he has heard vehicles throwing gravel and moving fast through the alley; and that traffic can spoil backyard ac- tivities. He noted that he has two small children who walk to and from school; and he is concerned for their safety as they cross the sidewalk at Perkins. He stated that to have Perkins paved would reduce the dust; however, he is concerned that it would encourage additional speed as well as increased traffic. Mr. Beardslee stated support for the proposal to install a break-away barrier on Perkins, thus diverting traffic one direction or the other from the apartment buildings. He then encouraged the City to require access to North Rouse Avenue, rather than to 07-23-90 ~ , ( . ' ; . - 7 - Perkins Place for all multi-family dwellings, including those currently existing, since those lots run the full depth between the two roadways; and that would leave only four sin- gle-family homes requiring access from Perkins Place. Mr. Tom Smith, 213 Perkins, stated he has had his vehicles hit three times in a hit-and-run situation. He noted he also has two small girls about whom he is concerned because of the traffic from the apartments which utilize this roadway. City Manager Wysocki noted that in the written proposal submitted, the petitioners have requested that this issue be resolved by the end of this calendar year. He then re- minded the Commission that the proposals submitted will result in costs which have not been accommodated in the budget for this fiscal year. He further reminded the Commission that paving of Perkins Avenue through a special improvement district has been included in the five-year Capital Improvement Program; however, it has not yet surfaced as a high priority item. The City Manager then noted that to provide access to North Rouse Avenue as proposed by Mr. Svehla would require a cooperative effort by a couple of property own- ers; and he is not sure that could be accommodated. He then suggested that the Com- mission refer this matter to staff for further review and consideration in approximately one month. Mayor Hawks stated that this issue will be scheduled for an evening meeting. as requested by Mr. Svehla in his written presentation, to accommodate the neighborhood. Request for permission to address Commission re proposal for use of UCT Building - Sue Harkin, Recreation Superintendent City Manager Wysocki submitted to the Commission information from Recreation Superintendent Suzette Harkin regarding her proposal for use of the UCT Building. Recreation Superintendent Sue Harkin stated that for several years, parents, the School District and social workers have encouraged the provision of after-school recreati.on programs for children. She noted that a group, through the D.U.I. Task Force, has sought and received a $57,175.00 Montana Department of Institutions Community Youth Ac- tivity Program Demonstration Grant, with $8,650 for after-school recreation programs to be provided through the City's Recreation Department. Superintendent Harkin stated that the Recreation and Parks Advisory Board submit- ted a proposal for use of the Old Elks Building from 3: 30 to 5: 30 p.m. on Monday through Thursday during the period September through May and from 1 :00 to 4:00 p.m. on Tues- days during June through August to the Executive Board of the United Commercial Travel- ers for these after-school activities; and the Board rejected the proposal. The Superin- tendent then formally requested that the Commission break its lease with the United Com- . 07-23-90 -- . , . , ~. ; . - 8 - mercial Travelers, thus allowing the Recreation Department to use the Old Elks Building for this new program. Recreation Superintendent Harkin stated that the program to be provided under this grant will fund after-school recreational activities as well as other activities which are al- ternatives to drug abuse. She stated that the Old Elks Building would provide an ideal location for the recreation activities on the schedule outlined above; and other groups, such as the ski club, would be able to utilize the building during those hours as well. Superintendent Harkin stated one of the major complaints she has heard over the years concerns the difficulty of finding those who have rented the building. She stated that under her proposal to break the lease and return the building to the City's jurisdic- tion, the Recreation Department would manage use, rental and clean-up of the building. Responding to Mayor Hawks, the Superintendent stated that the Recreation and Parks Advisory Board has had proposals from various groups that would be willing to take over management and rental of the building; however, the Board feels that the City should maintain that responsibility for at least one year. She stated that the Recreation Depart- ment would collect deposit and rental fees, which would then be remitted to the Director of Finance. The Recreation Superintendent stated that the $8,650 portion of the grant is for personnel and supplies for the after-school recreation program. Commissioner Frost asked if the listing of projected costs for repair and mainte- nance of the building is based on bids or estimates from contractors. Superintendent Harkin responded that she has not contacted any contractors to date. She then indicated that the estimates contained in this proposal are based on dis- cussions with the Building Official. Recreation Program Supervisor Mary Boling stated that the after-school recreation programs to be offered under this grant will provide a healthy alternative for school age chi Idren. She briefly highlighted some of the indoor and outdoor activities which will be included in the program, noting that older teens will be involved in teaching and monitor- ing these activities. She indicated that the summer activities are not as intense as the winter activities under this grant. Mr. Harry Kinyon, Chairman of the Executive Committee for the United Commercial Travelers, stated the UCT is now in its fifth five-year lease of the subject bui Iding, after the City first tried to assume responsibility for renting and maintaining the facility. He noted that the names and telephone numbers of those responsible for rental of the building are posted on the window of the building; and they are available at the Chamber of Com- merce and City Hall. He then stated that to date over 7,000 people have used the build- ing so far this year for various activities; and projected that 12,000 to 13,000 will use it 07-23-90 : ..' ~ . ,. . - 9 - during this calendar year. Mr. Kinyon then read the proposal submitted to the Executive Committee in May, as well as the Committee's response. He noted that the proposal from the Recreation Depart- ment was to use the building from 3:30 p.m. to 5:30 p.m. on Monday through Thursday during September through May and 1:00 p.m. to 4: 00 p.m. on Tuesdays during June through August. He noted the proposal further included waiving of the rental fee, with the Department paying an agreed upon percentage of the utility costs. Mr. Kinyon noted that after reviewing the proposal, the Committee's response was a negative one based on several factors. He noted' that at the present time, the United Commercial Travelers rents the building from 10:00 a.m. one day to 10:00 a.m. the next day. This allows time for decorating and any other preparation that is necessary for the event, and allows time for clean up after the event. He stated that someone from the UCT then inspects the building, making sure that it is ready for the next group. Mr. Kinyon stated that the building is used quite extensively during the week; and the proposal by the Recreation Department would result in loss of a substantial amount of community use of the building, as well as the attendant rental fees. He noted that the building would probably not be available until 6: 30 p.m.; and someone from UCT would need to check it every night to make sure it was ready for another group. Mr. Harry Kinyon then stated that United Commercial Travelers has not made any money on rental of the building--in fact, last year they used $2,000 from their budget to cover the costs of maintaining the facility. He reminded the Commission that in addition to maintaining the facility, the UCT pays the City a $200 monthly rental fee. He noted that major changes would be required in the building before it could be used for the af- ter-school recreation program proposed. He then noted that UCT provides the building at no cost to some groups, such as Reach and Special Olympics, as well as sometimes spon- soring a party or other activities. Mr. Kinyon suggested that other buildings in Bozeman may be more appropriate for the proposed after-school recreation program. He noted one alternative might be the schools, which are already heated and maintained. Responding to a question from Commissioner Swanson, Mr. Kinyon stated there might be common ground, where both the UCT and after-school recreation activities could be housed in that same facility. Mr. Paul Schofield, member of the UCT Executive Committee and professional archi- tect, cautioned the Commission that if use of the building is changed as proposed, all of the Uniform Building Code regulations must be met; and that would result in a substantial number of changes in the structure. Ms. Kathy Barnes, Reach, Inc. , stated she works with developmentally disabled 07-23-90 " r ,. . :\ .. '" . - 10 - adults. She noted that the activities and parties provided by the UCT and the ability to use the facility at no cost are beneficial to those individuals. She noted that if the bui Id- ing changes hands, those opportunities would no longer be avai lable. She then en- couraged the Commission to not break the lease with the United Commercial Travelers. Ms. Marianne Baumberger stated there is a real need for the program which is be- ing proposed by the Recreation Department. She noted that Bozeman is growing; and many parents work, thus the number of Illatch key kidsll is increasing. She stated those children need a healthy alternative for after-school hours; and this program provides that al ternative. She stated appreciation for what UCT has done for the community over the years; however, she stated she feels it is important to consider the children of the commu- nity at this time. Mr. Steve Weil, member of the Recreation and Parks Advisory Board, stated the Board is not interested in displacing an existing group, but is willing to work with that group in an effort to find common ground which would allow both activities. He then stat- ed the Board feels it is the City's responsibility to continually provide facilities for ex- panding recreational needs in the community. He then stated that he feels the subject bui Id ing can be put to better use, particularly through allowing recreational uses at the facility. Mr. Weil stated that complications would be incurred at the schools that would not be at the UCT building. Mr. Bill Kolwyck, member of the UCT Executive Committee, questioned how the City could fund maintenance of the building if it breaks the lease. He noted that the building currently needs painting; and all of the windows need caulking. He further noted that the Fire Department was asked to make an inspection of the bui Iding; however, the results of that inspection have not been released. He stated that the building would need to be upgraded to meet various building codes, which could involve substantial expense. Mr. Reeves Petroff, member of the Recreation and Parks Advisory Board, stated he feels it is important to meet the recreational needs of the community, particularly for the school age children. He noted that children, especially "latch key kids" are dealing with the pressures of drug and alcohol abuse; and this program will provide a healthy alterna- tive. He then noted that it is essential to find a building in which to conduct these activ- ities; and the Recreation Department staff has worked diligently to find such a facility. Mr. Harry Kinyon suggested that Emerson School might provide a possible solution to the problem, providing a space for the proposed after-school recreation program. Responding to questions raised, Dr. Bryan Dunn, Assistant Superintendent of Schools, stated that the School Board has taken no official position on this issue. He not- ed that one of the school buildings would probably be available each night for this pro- 07-23-90 ---- ~ --- -----:....,..---- -- ~ ~..., .:... . . I :.c.," ~ . - 11 - gram; however, school activities would take precedence. He stated that the classrooms would probably not lend themselves to this type of function; however, the multi-purpose rooms and gymnasiums would probably suffice. Recreation Superintendent Sue Harkin stated that Recreation Program Supervisor Mary Boling checked with the Principal in each elementary school and found that the mul- ti-purpose room and gymnasium are not available on a regular basis. Recreation Program Supervisor Boling stated that a bus will transport the children from the schools to the Old Elks Building. She noted that she feels it more appropriate to have all activities at one location, rather than having them in multiple locations on a spo- radic basis. Questions from Commissioners garnered the following information. The demon- stration grant is guaranteed for a one-year period. with an additional two years to be funded if the first year is successful. A total of about 300 children would be involved in the program, counting the older children that would work in the program, over the four- day period each week. This would be divided into approximately 75 children every day, with different children being involved each day of the week. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated there is a community need for a facility like the Old Elks Club that groups can rent as needed. She also stated she does not believe that one program should be thrown out so another can be accommodated. City Manager Wysocki suggested that a committee be formed to discuss this issue further to determine if a compromise can be reached. He suggested that two Commission- ers serve to mediate the issue, with two UCT Executive Committee members. two Recreation and Parks Advisory Board members and the Recreation Superintendent serving on that committee. He and Commissioner Frost then indicated a willingness to serve on the com- mittee. Mr. Harry Kinyon noted that the Commissioners are to serve to mediate the issue. He then questioned whether Commissioner Frost will be neutral, given his strong interest in the City's recreation program. Commissioner Frost responded that he feels he can remain neutral; however, if ei- ther of the parties is uncomfortable with his serving. he will step aside and let another Commissioner fill that position. des; nation from AS to RS-l on 79.2095 acres of COS No. 606, ocated in ection 24, 1 , R5 , MPM (west of Me Ihattan Road, south 0 Springhill Park Subdivision, east and north of Riverside Country Club) City Manager Wysocki presented Ordinance No. 1315, as approved by the City At- torney, entitled: 07-23-90 - ~ r .. . .. . - 12 - ORDINANCE NO. 1315 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "AS" (AGRICUL TURAL SUBURBAN) TO AN "RS-l " (RESI DENTIAL-- SUBURBAN COUNTRY ESTATES, ONE-ACRE MINIMUM) DISTRICT ON PROPERTY IDENTIFIED AS BEING APPROXIMATELY 79.2095 ACRES OF CER- TIFICATE OF SURVEY NO. 606, LOCATED IN SECTION 24, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. The City Manager reminded the Commission that they had conducted the public hearing on this zone map change at last week's meeting. He then recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1315, amending the zoning designation from AS, Agricultural Suburban, to RS-l, Residential--Suburban Country Estates, One-Acre Minimum, on a portion of Certificate of Survey No. 606, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Ordinance No. 1316 - salary ordinance for Fiscal Year 1990-91 City Manager Wysocki presented Ordinance No. 1316, as approved by the City At- torney, entitled: ORDINANCE NO. 1316 ORDINANCE OF THE CITY OF BOZEMAN, MONTANA. FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager recommended that the Commission provisionally adopt this ordi- nance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission provisionally adopt Ordinance No. 1316, the salary ordinance for Fiscal Year 1990-91, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner F ros t , Commissioner Swanson and Mayor Hawks; those voting No, none. Commission Resolution No. 2806 - levying and assessing assessments for the city-wide street maintenance district City Manager Wysocki presented Commission Resolution No. 2806, as approved by the City Attorney, entitled: 07-23-90 ~~-~~-_._-~~ ---- -~---'"--~. ,----~-~_.~---_._"._-------~----_._--"-~-- -- - _._,~ ~,-,-" ,~"._~.' ~ . t ' . .. . - 13 - COMMISSION RESOLUTION NO. 2806 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT 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 STREET MAl NTENANCE DISTRICT IN THE CITY OF BOZEMAN. Responding to a question from Mayor Hawks, the City Manager noted that at last week's meeting, the Commission adopted the resolution creating the city-wide street main- tenance district. He then noted that each year, the City must establish the assessments for said district. He stated that following provisional adoption of this resolution, a listing of the assessments for the upcoming year for each lot and parcel in the community will be available for public inspection in the Clerk of the Commission's office, after which the public hearing is to be held and the resolution finally adopted. The City Manager then recommended that the Commission adopt this resolution and set the public hearing for August 6, 1990. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission provisionally adopt Commission Resolution No. 2806, levying and assessing as- sessments for the city-wide street maintenance district, and set the public hearing for Au- gust 6, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Commission Resolution No. 2807 - levying and assessing assessments for the city-wide tree maintenance district City Manager Wysocki presented Commission Resolution No. 2807, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2807 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT 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. The City Manager recommended that the Commission provisionally adopt Commission Resolution No. 2807 and set the public hearing for August 6, 1990. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission provisionally adopt Commission Resolution No. 2807, levying and assessing as- sessments for the city-wide tree maintenance district, and set the public hearing for Au- gust 6, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 07-23-90 .. . -- . .~ .. . - 14 - Pledged Securities as of June 30, 1990 In compliance with the provisions of Section 7-6-201 to 7-6-212, M. C .A. , Commis- sioner Swanson and Commissioner Knapp have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposit- ed in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of June 30, 1990, and a listing of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30, 1990 RATE MATURITY RECEIPT NO. TOT AL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: Minn. Hgs. Fin. Ag. 9.10 02/01/93 144337 100,000.00 Blaine Minn. GO Tax Incr. 8.10 02/01/97 478054 100,000.00 Saint Cloud, Minn. GO Rfdg 8.25 02/01/97 478625 100,000.00 Federal Farm Credit Banks 8.80 03/15/95 924522 500,000.00 Sub-Total - First Security Bank - Bozeman $ 800,000.00 Pledging Amendment to Repurchase Agreement: Trusteed with United Bank of Denver: Student Loan Marketing Assn Variable 08/24/92 891589 $1,000,000.00 U.S. Treasury Note 9.75 03/31/91 818226 300,000.00 Trusteed with American National Bank and Trust Co. of St. Paul: Federal National Mortgage Assn 8.90 02/10/95 664755 500,000.00 Sub- Total - Repurchase Agreement $1,800,000.00 TOT AL - First Security Bank - Bozeman $2,600,000.00 MONT ANA BAN K - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 07-23-90 .,. . . , .', ~ - 15 - Flathead Co. SD #44 (Whitefish) 5.20 01/01/96 H943 120,000.00 TOT AL - Montana Bank - Bozeman $ 177 ,000.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with First National Bank of MinneapOlis: U. S. Treasury Notes 6.75 09/30/90 9893 200,000.00 TOT AL - First Citizens Bank of Bozeman - Bozeman $ 200.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207; M. C. A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the American Bank and Trust Company of St. Paul, the First Bank of Minneapolis and the United Bank of Denver for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 1990, by the several banks of Bozeman and approve and accept the same. ROBERT L. HAWKS, Mayor JOE N. FROST, Commissioner JAMES L. GOEHRUNG, Commissioner BEVERL Y H. KNAPP, Commissioner TIMOTHY SWANSON, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Appointments to Design Review Board The City Manager submitted to the Commission a memo from Clerk of the Commission Sullivan listing the specific positions which comprise this Board, along with the applicants. The Commission recognized that the Design Review Board contains specific posi- tions, and that the City-County Planning Board will be responsible for recommending its own appointment to the Design Review Board. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission appoint Linda Bell and Ralph Johnson as degreed architect members; Paul Gleye as a degreed architectural historian member; and Ronald E. Hess and Keith Swenson as at-large members to the newly-created Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner 07-23-90 ... ,e<;"" ~ .' . .' #' - 'i - 18 - for SID No. 655 COMMISSION RESOLUTION NO. 2805 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 655; AU- THORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 655 BONDS, IN THE AMOUNT OF $130,000.00 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CON- STRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICA- TION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER, AND STORM DRAINAGE IMPROVEMENTS ON CONCORD DRIVE AND A PORTION OF AN UNNAMED NORTH/SOUTH STREET IN WESTFI ELD SUBDIVISION, PHASE II (FORMERLY REFERRED TO AS FIELDSTONE DRIVE) AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDE- WALKS; AND SIDEWALK IMPROVEMENTS ALONG THE WEST SIDE OF THAT PORTION OF WAGON WHEEL ROAD BORDERING WESTFIELD SUBDIVISION, PHASE II. Claims It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Consent Items be approved 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 Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Adjournment - 6:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be ad- jou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Goehrung, Commissioner Swanson and Mayor Hawks; those voting No, none. 07-23-90 -- -------