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HomeMy WebLinkAbout1980-04-30 1 Bozeman, Montana Apri 1 30, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 30, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney I Planalp, and the Clerk. Proclamation - Safety Awareness Days - April 30 to May 17 Mayor MacNab proclaimed April 30 through ~1ay 17, 1980 as Safety Awareness Days in Bozeman and urged all citizens, young and old, to get involved, participate, and support all activities during Safety Awareness Days and encourage safe traffic practices all year long. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Award Bonds - SID No. 605 - $350,000. - Paving Graf1s First Addition - D. A. Davidson & Company - 11% The City Attorney having approved the 11% bid offered by D. A. Davidson & Company of Great Falls, the City Manager recommended that the sale of the bonds for Special Improvement District No. 605 in the amount of $350,000.00 be awarded to D. A. Davidson & Company of Great Falls. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the sale of the bonds be awarded to D. A. Davidson & Company of Great Falls in the amount of 11%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Award Construction bids - SID 605 - Dugdale & Company It was moved by Commissioner Swanson, seconded by Commissioner Mathre that the award for con- I struction be made to Dugdale & Company of Butte, Montana, based on their bid of $297,338.35, and that a letter be addressed to Dugdale & Company advising them that they may proceed with the con- struction of Special Improvement District No. 605, paving Graf's First Addition. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Continued hearing - Ramon White - Zone Map Change - AS to RS-2 The public hearing on the request of Ramon White for a Zone Map Change from AS to RS-2, having been continued from April 2, 1980, was again presented. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately 75 acres from AS to RS-2. The property is located west of and adjacent to Gooch Hill Road and south of an adjacent to Aspen Basin Subdivision, approximately two miles west of the City of Bozeman. The Planning Director presented the staff report which recommended denial of the Zone Map Change. The Planning Director advised the Commission that the Zoning Commission saw some prob- lems with the water, and there was some question as to whether the roads were appropriate. Joe Sabol, respresentative of the applicant, disagreed with the staff recommendation for denial and presented to the Commission his reasons for approval of the application. Mr. Sabol said that his client wants it zoned residential single family-medium density, which would allow two acre lots. Mr. Sabol said the protestors got their acreage but now they don't want anyone else to move out near them because it could spoil their view. I A petition signed by sixty-three protestors was presented for acknowledgement. Mrs. Victory Powell said the area that would be affected starts at the canal. The White property is one mile from the King Arthur Court. Tammy Hall argues that there is a set of criteria by which the City can judge zone changes and if the Commission approves the zone change for Mr. White, they would be setting a precedent. She stated the seventy-five acres proposed for the change has a high groundwater level. Several other property owners were present to protest the zone change. They fee 1 tha t a two-acre lot would create spot zoning and take valuable agricultural land. , . . . . - . . ---"----~ -"- -:.... '2 . . . Mr. Sabol stated that the White acreage is no longer prime agricultural land because of the large number of houses near the property. He said the property owners living near the area in question complained of the groundwater level. They are concerned about the high number of sep- tic tanks in the area. Mr. Sabol strongly recommended that the Commissioners visit the site in question before making a decision. I The Mayor declared the hearing closed and a decision will be forth coming on Wednesday, May 7, 1980. Public hearing - vacation or closing of alley way running East and West between North Grand and Third Avenues - Montana Bank Building This was the time and place set for the public hearing to consider the request of the Mon- tana Bank of Bozeman. The applicant seeks a vacation of the alley running parallel to, and between, ~1ain and Men- denhall, between Grand and Third Avenues. There is a storm drainage line installed under this alley. Accordingly nothing can ever be built over this line, since it would preclude maintenance of the line itself. A permanent ease- ment would place the vacated property on the tax rolls. Joe Sabol, representative for Montana Bank said that if the variance was granted and the new building was built the present building would be used for offices. The City Engineer said that whether the alley were vacated or closed, it would require an easement regarding the access to the 20-inch storm sewer line. Following discussion, the public hearing was closed and a decision will be forthcoming on Wednesday, May 7, 1980. Public hearing - Joe Sabol - Zone Map Change AS to R-O, property fronts on Durston Road to the east corner of intersection of Ferguson Road This was the time and place set to consider the request of Joe Sabol for a Zone Map Change from AS to R-O. I The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately 38.7 acres from AS to R-O. The property fronts on Durston Road at the southeast corner of the intersection of Durston Road and Ferguson Lane. The applicant proposes this amendment to permit the improvements constructed upon the real property to be used for the purpose for which they were originally intended, that is to say, residential office facilities. The City Manager said that if the Commission wanted the assurance that there would be no development in that area, they could add a "T" designation. Following discussion, the hearing was closed, and a decision will be forthcoming on Wednes- day, May 7, 1980. Public hearing - Montana Power Company - Conditional Use Permit - construction of electrical dis- tribution substation This was the time and place set to consider the Conditional Use Permit requested by Montana Power Company. The applicant seeks a conditional use permit which, if granted, would allow the construc- tion of an electrical distribution substation. The site is located northeast of and adjacent to U.S. Highway #10. The site is approximately one acre in size and several hundred feet west of the City Sewage Treatment Plant. The Planning Director summarized the staff report which recommended approval of this par- ticular application subject to conditions. The Planning Director advised the Commission that I the variance has to be approved by the Board of Adjustment. He further advised the Commission that only one acre is to be used and a variance has to be granted to reduce the size of the acreage. The public hearing was closed and a decision will be forthcoming on Wednesday, May 7, 1980. Public hearing - Steve Hawkinson - Conditional Use Permit - construction of 4,800 sq. ft. bldg. - North Rouse Avenue This was the time and place set to consider the Conditional Use Permit requested by Steve Hawkinson. ---- .__."--.~~..- - - 3 - . - The Applicant seeks a conditional use permit which, if granted, would allow the con- struction of a 4,800 square foot building to be used for a dry storage warehouse and a sheet metal shop. The site is located approximately several hundred feet east of the Waddel Stor- age business on North Rouse Avenue. Interstate 90 is approximately 1,000 feet south of the site. I The Planning Director summarized the staff report which recommended approval of the con- ditional use permit subject to eight conditions. The pUblic hearing was closed and a decision will be forthcoming on Wednesday, May 7, 1980. Public hearing - Eugene Graf - Zone Map Change AS to R-2 and R-3 - south of Summit Engineering and east of Figgins Addition This was the time and place set to consider the Zone Map Change requested by Eugene Graf. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately 121 acres from AS to R-2, and approximately 36 acres from AS to R-3. The property is located south of Summit Engineering and west of Figgins Addition. The property was approved for annexation to the City of Bozeman, effective April 1, 1980. The Planning Director presented the staff report in total which recommended approval of the zone map change as requested. The Planning Director said a great deal of thought was given to this proposed zoning. The developer came in with six different zoning alternatives which the staff studied and they supported the one which seemed to be the best alternative. Joe Sabol, representative of the applicant, pointed out that the proposal is changed so that nearly everything to the east of South 11th is now suggested for single-family residential with the townhouse designation also featuring a single-family ownership option. He further added that the applicant has removed some of the properties suggested for development along the eastern extremity of the property and extended the park all of the way to the north end of the property as well as to Graf Street. Joe Sabol advised the Commission that the access would go along the side of the townhouse area. I Several property owners were present to protest the zone map change. Mike Bowen presented to the Commission a petition signed by approximately 150 protestors. The protestors felt the traffic congestion, required to be addressed, was not fully considered in the staff report. Jim Cummings said the existing trunk sewer can serve the property from the North and the East and there is a west 600' tract that cannot be served by sewer until the Far West trunk is constructed. Following discussion, the pUblic hearing was closed and a decision will be forthcoming on Wednesday, May 7, 1980. Continued hearing - City/County Planning Staff - subdivision regulation fees The public hearing to consider the request of the City/County Planning Staff to amend Section 15.5 fees having been continued for a period of two weeks to further study the request and review the fee schedule, was again presented. The Planning Director gave the staff report and recommended that the proposed amendment to the Bozeman Area Subdivision Regulations be approved. Jim Cummings of Thomas, Dean & Hoskins, Inc., agreed to meet with the Planning Staff in establishing an equitable fee schedule. Following discussion, the pUblic hearing was closed and a decision will be forthcoming not later than May 14, 1980. Discussion - Asphalt Batch Plant The Northeast Neighborhood Alliance appeared before the Commission to discuss the fire I hazard allegedly inherent in an asphalt batch plant. The City Manager advised the Commission and the Neighborhood Alliance that the City has made some inquiries which will not be available for a period of two weeks and therefore a decision on reopening the hearing should be delayed until the information has been received. Roy Andes, representative for the Northeast Neighborhood Alliance said it was the belief of the group that appropriate grounds exist for the City Commission to re-open the hearings on the issue of such conditional use permit. Several other interested citizens were present to discuss the area in question. They said their main concern is the fire hazard. .. - 4 , . - The City Attorney advised the Commission that they have the option of denying the petition in total or a portion of the petition, or maybe a partial request. FOllowing an extensive discussion, it was moved by Commissioner Mathre, that the Commission reopen the hearing with the restriction that it be restricted to the fire hazard. The motion died for lack of a second. The Commi ss i on acknowl edged recei pt of the petiti on. I Petition to Annex William Sebena property located on West Griffin Drive A letter received from Joseph W. Sabol, representative for William Sebena, petitioning the City of Bozeman to consider annexing William Sebena's property located on West Griffin Drive to The City of Bozeman, was presented. The legal description of the real property under consideration is as follows: All that part of the Southwest Quarter of the Southwest Quarter of Section thirty-one, TIS, R6E, M.P.M., lying south and west of the Northern Pacific Railway Company's Right of Way, and north of the County Road running east and west on the section lines of Section Thirty-one, TIS, R6E, and Section six, T2S, R6E, M.P.M. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the petition, and instruct the City Attorney to draft a resolution of intent to annex the Sebena property. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Petition -Special Improvement Lighting District - Lamme Street on South, Broadway on East, Front Street on the Northeast, Tamarack Street on North, and Black Street on the West A petition received from residents of the neighborhood whose boundaries are Lamme Street on the south, Broadway Street on the east, Front Street on the northeast, Tamarack Street on the north, and Black Street on the west, petitioning the City of Bozeman to create a Special Improvement Lighting District for the improvement of existing street lights and installment I of additional street lights in the above described neighborhood, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the petition, and refer it to the City staff for study and recommendation. The moti on was ca rri e d by the fOllowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Request - Mobile Home Variance - George Kingma A letter received from Mr. & Mrs. George Kingma, requesting a variance to place a mobile home on a tract of land 3~ miles radius of the City limits, was presented. The Commission acknowledged receipt of the letter and referred it to the City staff for studv and a recommendation. Commission Resolution No. 2184 - Sell one 1961 Howe 1,000 gallon pumper Fire Truck Commission Resolution No. 2184, declaring it to be the intention of the City of Bozeman to sell one 1961 Howe 1,000 gallon Pumper, Vehicle Identification Number FA 77 764F, to a county or other political subdivision within the State of Montana, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2184 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. City Commission response to 1978-1979 audit I Following a discussion on the City Staff Response to the Audit recommendations, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that except for the reverse of item eight and nine in the following tasks not as yet completed, that the Commission adopt the staff priorites as follows, and authorize the Clerk of the Commission to notify the Department of Community Affairs accordingly. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer, and Mayor MacNab; those voting No, none. 5 . - - CITY STAFF RESPONSE TO AUDIT RECOMMENDATIONS The following is a list of tasks or work projects recommended by the auditors which the City staff feels it has sUbstantially accomplished as of March 31, 1980. Because these tasks are continual and on-going in nature, it should be recognized that final determina- tion as to their completion will be a judgmental decision made sometime in the future. I. Document and review journal entries Page 15 I 2. Timely review of financial output Page 17 3. Establishment of investment ledgers Page 18 4. Review and adjustment, if necessary, of tax revenue data Page 21 5. Reconciliation of interfund accounts Page 21 6. Review and supervision of fund transactions Page 14 7. Accounting for interfund transfers Page 16 8. Establishment of prior period adjustment account Page 24 9. Strengthening of claims processing procedures Page 25 10. Reflection of all adjustments on trial balance Page 33 II. Quality control review of financial statements Page 34 12. Financial personnel learn generally accepted accounting principles Page 38 13. Financial personnel learn reporting requirements Page 36 14. Timely review of bank balances Page 19 The following task is in the process of being completed as of March 31, 1980. I. Accurate accumulation of SID data Page 30 The following tasks are not completed nor has work begun to any substantial extent. These tasks are listed in order of their importance, as perceived by City staff. l. Restoration of accounting equation Page 14 2. Daily monitoring of fund balances Page 20 3. Establishment of control over supply inventories Page 22 4. Comply with water bond ordinances Page 26 5. Comply with sewer bond ordinances Page 27 6. Review of lighting district assessments Page 28 7. Inform supervisory personnel of pertinent State statutes Page 31 I 9. Inventory of City assets Page 23 8. Establish purchasing department Page 24 10. Increase communications and review workloads Page 12 II. Organization of information system (filing procedures) Page 11 12. Update organizational chart and individual duties Page 10 13. Write financial policies and procedures manual Page 9 Application for Raffle License - Gamma Delta Chapter of Delta Gamma The City Manager presented an application from Gamma Delta Chapter of Delta Gamma, along with the appropriate fee for the purpose of holding a raffle on May 8, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Defer Library Bond Sale scheduled for May 7, 1980 On the recommendation of Boettcher & Company, our financial consultants, the City has with- drawn their request for a rating for the library bonds. They also requested that the City with- draw the "Bond Sale" previously scheduled for May 7, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the City of Bozeman delay the bond sale and the Clerk of the Commission be instructed to publish the Notice of Postponement of the Bond Sale in the Bozeman Daily Chronicle. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer I Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Adjournment With no further business to come before the Commission at this time, it was moved by Commis- sioner Vollmer, seconded by Commissioner Stiff, that the Commission adjourn the meeting. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. --'6 DUNCAN S. MACNAB, Mayor ATTEST: 9 ~~~ I (..A':...?!!~ /: 0 a~&# ERNA V. HARDING. - / Clerk of the City Gommission I I