Loading...
HomeMy WebLinkAbout1980-10-01 Bozeman, Montana October 1, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 1, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Com- missioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I *** See Below Open Bids - drilling 200-foot monitoring well & 60-foot monitoring well This was the time and place set for opening bids for the drilling, casing, and possible screening of a 200-foot monitoring well, and a 60-foot monitoring well to be located on the 1 andfi 11 site on Story Mi 11 Road, north of Bozeman. Affidavit of publication of "Notice to Bidders" was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff. that the bids be opened and read. 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. The following bids were then opened and read: Pott's Drilling and Development - $8,730.00 Van Dyken Drilling Company - 7,620.00 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to the City staff for tabulation, consideration, and a recommendation on Wednesday, October 8, 1980. 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. Public hearing - Conditional Use Permit - M.P.M. Co., sanction existing automotive and transmission repair business - 2203 Lea Avenue This was the time and place set for a public hearing to consider the request of M.P.M. Company. I The applicant seeks a conditional use permit which, if granted, would formally sanction the institution of an existing automotive and standard transmission repair business plus a business office for the sale of steel buildings. The applicant had been advised of the need for approval of a conditional use permit for any new uses in this Transitional (T) district. The site is located at 2203 Lea Avenue. Griffin Drive is located just south of the site and North Seventh is approximately several blocks to the west. The Planning Director presented the staff report which recommended approval of the con- ditional use request subject to conditions. There was no one present to protest, and no written protests on file. The Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, October 8, 1980. Acquisition of Water Rights in Hyalite Reservoir - Virgil Jahnke (Valley Unit) Mr. & Mrs. Virgil Jahnke have agreed to grant, give, set over and convey unto the City of Bozeman all of their right, title and interest in and to 100 acre feet of water rights from the Middle Creek project (contract No. 70-A-1-A and No. 89-A-1-A each representing 50 shares), and the benefits and the burdens thereunto attaching, without payment in money or kind by the City of Bozeman. The Commission expressed their thanks to the Jahnke's for their generosity in giving the City of Bozeman the 100 acre feet of water rights. Public hearing - Conditional Use Permit - M. Rodrique - allow construction of 2,816 sq. ft. I carpenter's shop and 3,520 sq. ft. structure - 1403 Gold Avenue This was the time and place set for a public hearing to consider the request of Michael R. Rodrique. The applicant seeks a conditional use permit which, if granted, would allow the con- struction of a 2,816 square foot carpenter's shop and a 3,520 square foot structure for uses *** Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, September 24, 1980 were approved as submitted. / "' allowed as permitted uses in the M-1 district. The site is located at 1403 Gold Avenue. The lot area is 23,910 square feet and is zoned M-1-T-4. The Planning Director presented the staff report which recommended approval subject to modified conditions. Mike Rodrique was present to answer any questions regarding the conditions as modified. I Ron Milledge appeared to object to the materials Mr. Rodrique proposes to use for the construction of the building. The Building Inspector advised the Commission that the materials used on the previous building certainly do meet the requirements of the Building Code. Following an extensive discussion, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, October 8, 1980. Publ ic hearing - Conditional Use Permit - Lowell Springer (Woodbrook) - Construction of 58 townhouse units and 2 structures for business office This was the time and place set for a public hearing to consider the request of Lowell Springer (Woodbrook). The applicant seeks a conditional use permit for a Townhouse Planned Unit Development which, if granted, would allow the construction of 58 townhouse units and 2 structures for use as business offices. The project is part of a larger development that will provide, if approved as submitted, seventy-five townhouse units. The site, zoned R-3 is located at the undeveloped property surrounded by Mason and Hoffman Streets and Tracy and Black Avenues. The area contains 7.8 acres. The property is described as Block 4, Thompson's 4th Addition. The Planning Director presented the staff report which recommended that action be continued until the applicant has submitted all necessary and complete site plans and information. John Parker, owner of a Woodbrook unit, informed the Commission that he would like to endorse the proposed development. I The pUblic hearing will be continued for a recommendation from the Zoning Commission. Public hearing - Zone Map Change - Tom Deibele - AS to RS-1 - 10 acres located east of Haggerty Lane and south of and adjacent to Clover Meadows Subdivision This was the time and place set for a public hearing to consider the request of Tom Deibele who requests a Zone Map Change from AS to RS-1. The applicant seeks a change to the City's Official Zoning Map on approximately ten acres located several hundred yards east of Haggerty Lane and south of and adjacent to Clover Meadows Subdivision. The area in question is generally vacant and flat. A significant and moderately vegetated drainage area exists on the northeast. Surrounding land uses within a general one-half mile radius are mixed vacant and/or agri- cultural land and one-acre plus rural residential sites. The Planning Director presented the staff report which recommended approval of an RS-3 zone, rather than RS-1. Tom Deibele, applicant informed the Commission that the back parcels to the south of Haggerty Lane would be sold in one-acre tracts. One will be sold as a church site which will be fiVe-acres. The public hearing was closed and a decision will be forthcoming on Wednesday, October 8, 1980. Continued hearing - Zone Map Change - Robert Pearson - A-Sto R-O, 7.7 acres located west of and adjacent to Haggerty Lane This was the time and place set for the continued hearing to consider the request of I Robert Pearson. The applicant seeks a change to the City's Official Zone Map on approximately 7.7 acres located west of and adjacent to Haggerty Lane. If approved, the current zoning designation of AS would change to R-O. The property contains older farmstead structures and a significant drainage extends through its western portion coupled with a moderately sloped area which splits the property into two parcels with the larger, more developable portion to the south. /;1 The Planning Director presented the staff report which recommended approval of the applicant's request provided the property is annexed to the City or other suitable measures are implemented to insure annexation prior to issuance of the City Building Permit and that the City and County Commissions formally approve the pending Master Plan Amendment. Joe Sabol, representative of the applicant, advised the Commission that the applicant totally supported findings of the Zoning Commission, and requested approval of the Zone Map I Change from A-S to R-O. The Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, October 8, 1980. Public hearing - Zone Map Change - Bernardine Featherly - RS-5 to RS-2 15.6 acres in Story Hills adjacent to Big Gulch Drive, the main access to Story Hills This was the time and place set for a pUblic hearing to consider the Zone Map Change requested by Bernardine Featherly. The applicant seeks a change to the City's Official Zoning Map on approximately 15.6 acres located in an area commonly referred to as Story Hills. A majority of the vacant tract is steeply sloped and is located adjacent to Big Gulch Drive, the main access to Story Hills. The proposed zoning, if approved, would change from RS-5 to RS-2 five acre minimum sized tracts to two acre minimum sized tracts. The pUblic hearing will be continued until after the next meeting of the Zoning Commission. Todd & Associates - regarding alternative financing for Greenwood Plaza The alternative financing arrangement for development of Greenwood Plaza by Todd and Associates was referred to the City Attorney for legal Approval. The City Attorney advised the Commission that he had been in contact with the Attorney for Todd and Associates and he commented on the legal aspects. He said the Commission, by approving the alternative financing arrangements would be authorizing Todd and Associates to sell the bonds. The liability and benefits would be the responsibility of Todd & Associates I and F.H.A. The corporation would be set up as a separate corporation. The City Attorney further stated that all Todd and Associates is asking for now is the Commission's approval of the indenture. Brad Calbert, a financial consultant for developers Todd and Associates and Gene Huffard of D. A. Davidson & Company were present to further explain the proposal and answer any questions that might arise. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the concept for the creation of the nonprofit corporation, allowing sale of tax-exempt bonds for financing of Greenwood Plaza, and that the copy of letter addressed to Mr. Calbert be made a part of these minutes. I /3S. Richard Smiley - regarding purchase of land (54 acres) for use by City Mr. & Mrs. Richard Smiley appeared before the Commission in regard to 54.020 acres of land that the City is interested in acquiring, for use in the Waste Water Treatment Process. Mr. Smiley requested a transcript of this session, but was informed by the City Attorney that the City does not transcribe the discussion put on the tape. However, the Smileys may I provide the cost for someone to transcribe the tape if they so wish. Mayor MacNab advised the Smileys he would transcribe the discussion if they furnished the tape. t1r. Smil ey sa i d he would be more than happy to pay for the tape or whatever is necessary, but would like to have a word for word copy of the transcription. Mr. Smiley expalined that he and his wife Eloise represent their children, Richard D. Smiley, James D. Smiley and Ann Smiley Ollestad, who are the owners of the property. He further stated that the three owners of this land, by a letter dated December 31, 1975, appointed him as their representative in any matters that pertain to this land. Mr. Smiley said that this particular piece of land was purchased by his father in 1935 when the Smiley's moved to Montana. He said the City purchased a piece of this property several years ago for use as the Waste Water Treatment Plant. Mr. Smiley said they were working with the Gallatin Development Corporation in terms of leasing the land, when they were made aware that the City wanted the property. He further stated that they were made aware earlier today that the City has no alternative but to acquire that property. Mr. Smiley said they had no intentions of selling the land. They had established a price for this land on a lease basis for a period of fifty years with an additional term option of forty-nine years, knowing that if they went over a hundred years tax experts would consider it to be sold and not a lease anymore. The price per acre on a long term lease was $5,000.00. He felt that in negotiating with Gallatin Development Corporation they had established or based the value of their land. I Mr. Smiley said he and his wife did not wish to sell the land. They would lease the land to the City with the terms or the similar terms that they are talking about leasing it to Gallatin Development Corporation. If they have to sell the land to the City, they would like the City to buy like land which they would trade for their land. Mr. Smiley stated that by selling the City this land it would deprive his children of ownership of that land which would become an annuity to them. Mr. Smiley felt that the City should have advised them at an earlier date that they needed the land. Mr. Smiley said that since coming to Bozeman two days ago, they have researched the tax records, the tax laws, and some land sale prices for similar types of land and feel that the price of $5,000.00 is reasonable, and above all the Smiley.s feel it is fair. Mr. Smiley said they were informed that this land is the only land that will do for the expansion of the Bozeman Sewage Plant. That they have no alternative but to give it up and that the City wants immediate occupancy before the land freezes. He spoke on the appraisal. He said it made no mention of water rights, it made no mention of air rights, it talks about other sales which are of comparable values. He feels their land to be of the highest and best use as an industrial park half-way between an airport and the City with the university, with the expertize of the university level to make light industry very favorable in this area. In closing Mr. Smiley advised the Commission that they do not want to fight. they just want to get a fair price for their land. They do not want to go into condemnation which is I going to cost a lot for anyone who goes that route. He asked the indulgence of the City, taking into account the plans the Smiley's had, the things that have been done with the land, their cooperation with the City in the past and their willingness to sell the land at this time, but to negotiate the price. Mr. Stiff asked if he was aware that this piece of land was the city.s only option at the time the original plant was built. Mr. Smiley said to his knowledge this was not discussed. I ~ i <.-' ,..". The City Attorney said Mr. Smiley is aware that the City has to get on the land to do the core sampling. Mr. Smiley said that if condemnation proceedings can be avoided it will be less expen- sive to everyone concerned. He stated he was willing to allow prior possessions, however, there has been nothing in the prior proposal that indicated prior possessions were wanted. Commissioner Vollmer asked Mr. Smiley if they would permit the City to go out and get I some core samples. Mr. Smiley said they want to be cooperative as they know the City has a problem. Commissioner Vollmer said the City is in competition with Gallatin Development Corpora- tion as they are a profit making organization and the City is going to use it for a lagoon and the profits are not as extensive. Mr. Smiley said that was taken into consideration. From the City's standpoint that might seem a viable answer but from the Smiley's standpoint it means they are going to be deprived of their land. Mr. Smiley said that if condemnation proceedings can be avoided, the City can contact them within the next few days as they would like to have the City get going on the core sampling at once. Repurchase Agreement as procedure for investment of City funds The City Attorney having investigated the legality of placing the City's checking account with a bank offering the highest rate of interest, advised the Commission that if the Repurchase Agreement is set up correctly and operated correctly it is legal. Mayor MacNab appointed Commissioner Stiff, and John Evans to serve on a joint City/County task force to study the desirability of a Repurchase Agreement with local banks to enhance the investment of City money. Amendment to Bozeman Area Master Plan The City Manager gave a short report on his meeting with the County Commission regarding the Bozeman Area Master Pl an and wi 11 report back to the City as soon as all of the i nformati on I has been formulated. Proposed resolution - establishing policy for acquisition of water rights for owners of real property. A proposed resolution dealing with statement of policy, for acquisition of water rights by the City, was presented. The resolution deals with land to be annexed or otherwise converted from agricultural to urban uses. Commissioner Swanson suggested that someone from the staff should check the resolution more closely and it be brought back for action in a week or two. Set Interest rate for those connecting to Daum Sanitary Sewer Having been unable to explore the waiver of interest as provided by the Daum Agreement, the above item will be brought back for discussion on Wednesday, October 8, 1980. Ordinance No. 1065 - Establishing a schedule of fees for Building Permits --- Ordinance No. 1065 establishing a schedule of fees and charges for Building permits as prepared by the City Attorney was presented, entitled: ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A SCHEDULE OF FEES A~D CHARGES FOR BUILDING PERMITS, APPEALS AND OTHER PROCEDURES PERTAINING TO THE BOZEMAN ZONING CODE. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer. that Commission I Resolution No. 1065 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 McNab; those voting No, none. / ., Appointment to Zoning Commission effective July 1, 1980 to June 30, 1982 Mayor MacNab announced his appointment of Robert Soper to the Zoning Commission effect- ive July 1, 1980 for a two year period ending June 30, 1982. Mr. Soper is replacing Paul Uhlrich whose appointment expired June 30, 1980. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission I, concur in the Mayor's appointment. 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 Wine License - The Wine Cellar, 42 West Main Street The City Manager presented the application for a wine license along with the appropriate fee for the Wine Cellar, 42 West Main Street. The Commission concurred in the recommendation of the Chief of Police, also concurred in by the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for the wine 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 MacNab; those voting No, none. Bozeman Noon Lions Club - Light bulb sale - 8-9 October, 1980 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the light bulb sale conducted by the Bozeman Noon Lion's Club for October 8-9, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and t1ayor MacNab; those voting No, none. Proclamation - Fire Prevention Week - 5-11 October, 1980 Mayor MacNab proclaimed the week of October 5-11, 1980 as "Fire Prevention Week" in the I City of Bozeman and requested every citizen of the community to take part in relieving hazar- dous conditions and making the City of Bozeman a safer community in which to live and work. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission concur in 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, Commis- sioner Swanson, and Mayor MacNab; those voting No, none. Application for Kennel License - Rick Secora, 711 North Montana The City Manager presented an application for a kennel license, along with the appropriate fee for Rick Secora, 711 North Montana Avenue. Dog Control Officer Joy Peterson advised the Commission that they are still having problems with the Secora's, in that they do not have a kennel, they do not have a fence and the dogs keep getting loose. They feel the license should be denied. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the kennel license be denied and that the extra dogs should be removed or destroyed within two weeks. 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. Claims The claims for the month of September were presented. The City Manager had checked the claims and found them to be correct and recommended that the Director of Finance by instructed 1 to issue warrants in payment thereof. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the claims 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 Mayor MacNab; those voting No, none. - ~ .~. /.:<1 File report of Broad Valley Federation of Libraries The City ~lanager commented on the report of the Broad Valley Federation of Libraries and recommended it be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the report of the Broad Valley Federation of Libraries be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, I Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Recessed: 4:10 p.m. - Executive session for discussion of salary Reconvened: 4:40 p.m. Christian Center School It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the City Attorney be instructed to initiate the necessary legal procedures to enforce the Commissioner's original decision on this matter. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, and Mayor MacNab; those voting No, none. Richard Smiley - Purchase of land for use by the City The Commission instructed the City Manager and the City Attorney to further negotiate with Mr. Smiley on the purchase of his land. Adjournment: 5:10 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. 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. O. n I A.~ ~~ '0A1. DUNCAN S. MACNAB, Mayor ATTEST: (jJ~ cd {-,)/fJtt~ I,vERNA V. HARDING, Clerk of the City Commission I