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HomeMy WebLinkAbout1980-08-20 101 Bozeman, Montana August 20, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 20, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City I Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, August 13, 1980 were approved as corrected. Report - Audit Committee Commissioner Stiff advised the Commission that two members of the Auditing firm - Coopers & Lybrand - met with the finance department on Monday and Tuesday to review the status of the year-end work. The auditors would like to begin with the audit on Monday, September 8, 1980. They are hoping that the SID's will be ready by the time they arrive. The Auditing Committee met with Mr. Davis and Mr. O'Neil at a brief breakfast meeting on Tuesday to discuss the status of the audit. Commissioner Vollmer, speaking for the Commissioners, extended his appreciation to Commis- sioner Stiff for his contribution to the City through his services on the Audit Committee. Payment of SID Assessments Commissioner Stiff expressed his concern over developers not paying their yearly assess- ments when they come due. He inquired as to what can be done when the assessments are in arrears. The Finance Director said there is nothing that can be done until they have been in arrears for more than three years. Decision postponed July 2, 1980 - Zone Ma2 Change - White Bros. (Ramon White) The decision on the request of White Bros. (Ramon White) for a Zone Map Change, having been postponed on July 2, was presented for a decision. I The applicant seeks a change to the City's Official Zoning Map from AS to RS-2 on approxi- mately 75 acres. The area is west of and adjacent to Gooch Hill Road and south of and adjacent to Aspen Basin Subdivision. The property is approximately two miles west of the City of Bozeman. The applicant feels that prOfessionally designed two acres lots would be more desirable in the jurisdictional area then selling the existing ten acre tracts. Whenever the ground is sub- divided in ten acre tracts, that ground can never be farmed as a farm again nor can it ever be properly developed into an appealing sub-division. The applicant feels that two acre lots would provide a more attractive planned development, better utilization of the land and enhance the entire area. The City Manager said that if the RS-2 zoning is denied, then the property will be developed in ten acre tracts. If the RS-2 is granted, no central water and sewer systems may be developed, if the water table is low enough to allow individual septic and water systems on each 2-acre parcel. If the water table is too high, then central water and sewer systems can be provided, and can be built according to City standards--to be hooked up with City facilities whenever feasible. With those contingencies, the City Manager recommended that the request for the Zone Map Change from AS to RS-2 be approved with the following two conditions. 1. That all subdivision plats for this acreage show the properties divided into future R-2-sized lots. 2. That any water and/or sewer systems installed be designed and built to City I standards, for future potential hookup. The City Manager said the owner has already consented to the R-2 overlay, and the condition would be implemented by not signing the plat unless the overlay were present. The subdivision agreement could also call for design standards for utility facilities. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request for a Zone Map Change with the above conditions. 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. 102 Continued hearing - Zone Map Change - William & Daniel Sebena - M-1-T to R-MH - 11.9 acres located east of North Rouse Avenue Having continued the hearing on the request of William and Dan Sebena, it was again brought before the Commission. The applicant seeks a change to the City's Official Zoning Map on approximately 11.9 acres located east of North Rouse Avenue about 400 feet and is north of and adjacent to the I Industrial Subdivision. The property is split by Bozeman Creek. If approved, the current zoning designation of Commercial-Light-Manufacturing-Transitional would change to Residen- tial-Mobile Home. Joe Sabol, representative, addressed the Commission in behalf of the applicant. He pointed out that there was no mistake in zoning this property. He advised the Commission that the parcel of land was zoned M-1-T before the Master Plan was adopted. He stated that the Master Plan should be flexible and change with the times. He pointed out that the area is essentially part of the M-I-T area fronting on Rouse Avenue but that this area is not visible from Rouse Avenue because of the buildings already constructed. He thought that this is a proper change for the character of the neighborhood. He stated it is contiguous with the Mobile Home Park along Bridger Drive. Mr. Sabol recommended that the members of the Commission inspect the property. Mr. Sabol feels there is a real need for this type of zoning. Don Cape who is a Mobile Home dealer feels there is a great need for this type of housing. He further stated the mobile homes are built according to code. Jack Greenway, Timothy Barnhart, and Gary France all felt there is a great need for afford- able housing such as mobile homes. Bob Taylor, a resident of the area, spoke in opposition to the Zone Map Change in this area. Mr. Taylor said the sanitary sewer would be of great concern. Larry Williams supported Bob Taylor's opposition. He also supported the Planning Staff's denial. Mr. Williams spoke in opposition to this Zone Map Change due to the heavy traffic I prOblem, as well as bicycle safety along North Rouse Avenue. A discussion was had on the flood plain in this area. A portion of these parcels are within the flood plain area and would be required to meet with the current flood plain laws of the City and State. Paul Bolton presented the staff report which concluded in its recommending denial of this request. Mr. Bolton felt that the existence of an extensive industrial area would suggest that additional uses should be compatible. Several other property owners were present to protest the Zone Map Change in that area. They felt it would be spot zoning and that there would be a traffic problem. There being no further discussion to come before the Commission, the ~1ayor declared the public hearing closed an a decision will be forthcoming on Wednesday, September 3, 1980. Continued hearing - Zone Map Change - William Sebena - M-1-T to R-MH - 13 acres located east of North Rouse about 1,000 fe~t and south of and adjacent to Griffing Drive The request of Wm. Sebena for a Zone Map Change from ~1-1-T to R-MH having been continued, was brought before the Commission. The applicant seeks a change to the City's Official Zoning Map on approximately thirteen acres located east of North Rouse Avenue about 1,000 feet and is south of and adjacent to Griffin Drive. If approved, the current zoning designation of M-1-T would change to R-MH. The prop- erty is split on the western portion by Bozeman Creek. Joe Sabol, representing the applicant, addressed the Commission in regard to the Zone Map Change. He pointed out that there was no mistake in zoning the property. He told the I Commission that the parcel of land was zoned M-1-T before the Master Plan was adopted. He felt the Master Plan should be flexible and change with the times. He pointed out that the area is essentially part of the ~1-1-T area located about 1,000' east of North Rouse Avenue and is south of and adjacent to Griffin Drive. He felt that this is a proper change for the character of the neighborhood. It is contiguous with the Mobile Home Park along Bridger Drive. loa The comments made by Don Cape, Jack Greenway, Timothy Barnhart, and Gary France on the request of Wm. & Dan Sebena for a Zone Map Change also apply to this request. The opposing remarks made by Bob Taylor, Larry Williams and Mandy Todd on the request of Wm. & Dan Sebena for a Zone Map Change also apply to Wm. Sebena's request. A discussion was had on the flood plain in this area. A portion of these parcels are I within the flood plain area and would be required to meet with the current flood plain laws of the City and State. The Planning Director presented the staff report which concluded in its recommending denial of this request. Mr. Bolton felt that the existence of an extensive industrial area would suggest that additional uses should be compatible. There being no further discussion to come before the Commission, the Mayor declared the pUblic hearing closed and a decision will be forthcoming on Wednesday, September 3, 1980. Continued hearing - Zone Map Change - Gene Cook & Don Turner - M-1-T to R-MH - 16.75 acres located west of and adjacent to Burlington-Northern Railroad and south of and adjacent to Griffin Drive The request of Gene Cook and Don Turner for a Zone Map Change from ~1-1-T to R-MH having been continued, was brought before the Commission. The applicant seeks a change to the City's Official Zoning ~1ap on approximately 16.75 acres located west of and adjacent to the Burlington-Northern Railroad tracks and is south of and partially adjacent to Griffin Drive. If approved, the current zoning deSignation of M-1-T would change to R-MH. The property contains a single family structure and is otherwise vacant. Joe Sabol, representing the applicant, addressed the Commission in regard to the Zone Map Change. He pOinted out that the comments made on the previous two requests for a Zone Map Change from M-1-T to R-MH also applied to the request of Gene Cook and Don Turner. FOllowing discussion, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, September 3, 1980. I Continued hearing - Zone Map Change - Jim Barnard - M-1-T to R-MH, 10.0 acres located east of and adjacent to Bozeman Creek and ~ast of and adjacent to the BomontSubdivision The publiC hearing on the request of Jim Barnard for a Zone Map Change having been con- tinued, was again brought before the Commission. The applicant seeks a change to the City's Official Zoning Map on approximately 10.0 acres located east of and adjacent to Bozeman Creek and east of and adjacent to the Bomont Subdivision. If approved, the current zoning designation of M-1-T would change to R-MH. The property is vacant. Joe Sabol, representing the applicant, addressed the Commission in regard to the Zone Map Change. Mr. Sabol pointed out that the comments on the previous three Zone Map Change requests also applied to the request of Jim Barnard. The Planning Director presented the staff report which concluded in its recommending denial of this request. Mr. Bolton felt that the existence of an extensive industrial area would suggest that additional uses should be compatible. There being no further discussion to come before the Commission, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, September 3, 1980. Public hearing - Federal Revenue Sharing This was the time and place set for a public hearing for the purpose of establishing the use of Federal Revenue Sharing Funds in accordance with a proposed budget as submitted by the City Manager. I The proposed use of the Federal Revenue Sharing Funds is to tentatively appropriate $179,349.00 to support the General Fund Operating Budget. The remaining Revenue Sharing Funds available to the City of Bozeman through September 30, 1980 is to be tentatively reserved for contingencies. The Mayor declared the publiC hearing closed and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission accept the City Manager's recommendation for the use of available Federal Revenue Sharing Funds as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. 104 Christian Center School - Status of Conditional Use Permit The Christian Center School submitted a Memorandum of Law which suggested that conduct of the Christian Center School was within the purView of a church activity, and as such was outside the prerogative of the City Commission to regulate. The Commission had denied the request for renewal of the variance to operate a school on their property located at 921 West Mendenhall Street on July 9, 1980. 1 The City Attorney researched this matter and advised the Commission that he could find no reason to affirm or disaffirm the action taken on July 9, 1980. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission not change their position on the denial of the variance to oper- ate the school for another year. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, and Mayor MacNab; those voting No, none. Cooperative Agreement with Blue Ribbons The City Manager recommended that the cooperative agreement with Blue Ribbons of the Big Sky Wide Planning Agency be deferred for a period of one week. Interim report - Solid Waste Recovery - D.O. Blackketter & C. R. Wimberly Mr. C. R. Wimberly of the Montana State University was present to review the study of the feasibility of a solid waste recovery and energy generation system for the Montana State University and Bozeman area. Following discussion, the City Manager presented Commission Resolution No. 2221 for con- sideration by the Commission, entitled: COMMISSION RESOLUTION NO. 2221 WHEREAS, staff personnel from both MSU and the City of Bozeman have been researching and have produced a study of the feasibility of a Solid Waste Recovery and Energy Genera- tion System for MSU and the Bozeman area; and 1 WHEREAS, this study and an agreement between MSU and the City which would aid in implementing the proposed incineration and generation plant is currently under review by the Bozeman City Commission and its administrative staff; and WHEREAS, the report and the proposal present a concept which is intriguing--from the perspectives of energy conservation, land utilization and overall benefit to the community; . NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Bozeman interested in the concept proposed by this study, and does direct that a thorough and prompt evaluation of both the study and the agreement be submitted in September; and BE IT FURTHER RESOLVED that every aspect of an effective and feasible operation--physical, financial and environmental--will be explored. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that Commission Resolution No. 2221 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Proposed Pool Fees The City Manager recommended that discussion on the proposed pool fees be deferred for a period of one week. Marilyn Wessel - re local option taxes I. Marilyn Wessel appeared before the Commission to discuss the local option sales tax adopted by the State Democratic Party as part of their platform. The vote was 38 to 25 in favor of the local option sales tax. Mrs. Wessel informed the Commission of the nature of the objections voiced against such local option revenues. She said such information should prove useful during the coming Legis- lative Session. ------.-.. 105 Housing Rehabilitation Program - Amendments Items concerning the Housing Rehabilitation Program as prepared by the Planning Depart- ment was submitted for Commission action. 1. Changing the requirement for a representative from the City/Finance Office to a member-at-large. I 2. A financial statement of the disbursement of grants and loans for the Housing Rehabilitation Program is attached as requested by the Commis- sion. 3. The individual ceiling on grants at this time is $5,000. It is sug- gested this be raised to $6,500.00. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the amend- ments to the Housing Rehabilitation Program be approved. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and t1ayor MacNab; those voting No, none. Commission Resolution No. 2219 - Awarding sale of $350,000 SID No. 605 Bonds - prescribing form and terms Commission Resolution No. 2219 awarding sale of $350,000 Special Improvement District No. 605 Bonds, and prescribing their forms and terms and covenants of the City for the security of the Holders thereof was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2219 be passed and adopted. 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. Commission Resolution No. 2220 - Authorize loans from revolving fund - SID 616 Commission Resolution No. 2220 setting out that the City Commission undertakes and agrees to issue orders annually authorizing loans or advance from the Revolving Account to the extent 1 funds are available and to provide funds for such revolving fund by making tax levy and loans as the Commission determines necessary was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2220 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Cable Easement & Right-of-Way Agreement - City of Bozeman and Bozeman Community Television A Cable Easement and Right-of-Way Agreement between the City of Bozeman and the Commun- ity Tele~Communications, Inc. (DBA) Bozeman Cable TV for the construction and continued operation, maintenance, repair, alteration, inspection, and replacement of the transmission and distribution lines whether underground, attached to poles or other supports, together with attachments and incidental equipment thereon, and appurtenances over, under on and across East Graf Park adjacent to the east boundary of Graf's Third Subdivisions and consist- ing of a ten foot strip, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Cable Easement & Right-of-Way Agreement as presented. 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. Police School Request - Dispatcher Training Convention Sept. 12-14, Virginia Ci~y A letter received from the Police Department, requesting permission to send the three I Dispatchers, Donna Schlegel, Linda Armold, and Vicki Heck, also Officer Stan Tenney, who is the Bozeman Police Department Dispatcher Coordinator, to the three day course, titled Dis- patcher Training Convention scheduled for September 12-14, 1980 to be held in Virginia City, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the dispatchers and the coordinator be granted permission to attend the convention and, it being in the pUblic interest their expenses in the amount of $340.00 be paid out of the appropriate fund. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. ----------~ - - . -- -.--- .--.. ._._--"--~_. 106 Proclamation - Muscular Dy-strophy Assn., August 25 through September 1, 1980 The Mayor proclaimed the week of August 25 through September 1, 1980 as Muscular Dystrophy Week in Bozeman and encouraged each member of the Community to do his or her part in the fight against dystrophy. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission endorse the Mayor's Proclamation. The motion was carried by the following Aye and No vote: 1 those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, and Mayor MacNab; those voting No, none. Proclamation - United Way Days - September 8 - October 31, 1980 Mayor ~1acNab proclaimed September 8 - October 31, 1980 as "United Way Oays" in Bozeman and urged all the citizens and businesses to cooperate in this campaign as their hearts dictate to welcome the volunteers and give freely in love and tender concern. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Application for beer license - Gallatin Valley Softball Assoc. - Aug. 23-24 The City ~1anager presented an application from the Gallatin Valley Softball Association for permission to obtain a beer license for August 23-24, 1980 along with the required fee. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Gallatin Valley Softball Association, having met all requirements, be granted a license to sell beer on the above dates. 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. Application for raffle license - Rocking R Bar - September 21, 1980 The City Manager presented an application from the Rocking R Bar, along with the appro- 1 priate fee for the purpose of holding a raffle on September 21, 1980. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, 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 Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor ~1acNab; those voting No, none. Application for raffle license - ERA Century RealtY-Muscular'Dystrophy The City Manager presented an application from ERA Century Realty, along with the appro- priate fee for the purpose of holding a raffle. 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. Claims The general claims for the month of July and August, 1980 were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the claims be approved. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor 1 MacNab; those voting No, none. Report - Broad Valleys Federation of Libraries The report of the Broad Valleys Federation of Libraries for the month of July, 1980 will be listed on the agenda next week for acknowledgement and filing. Meeting recessed - 4:00 p.m. The meeting was recessed at 4:00 p.m. for an executive session to discuss personnel. Meeting reconvened - 5:15 p.m. 10'r: Absence of Commissioner Stiff and City Manager Gesko It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the absence of Commissioner Stiff, and City Manager Gesko, from the meeting of August 27, 1980 be author- ized in compliance with Section 7-3-4319, M.C.A., and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner I Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Adjournment - 5:30 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vo er, and Mayor MacNab; those voting No, none. DUNCAJ S. MACNAB, Mayor ATTEST: W~ cZ uJ/r:JJ~ /,-v ERNA V. HARDING, Clerk of the City Commission I I