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HomeMy WebLinkAbout1981-07-15 -442 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 15, 1981 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 15,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner I Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Interim City Manager Evans, I nterim Assistant City Manager Barrick, City Attorney Planalp and the I nterim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Vollmer. The minutes of the regular meeting of July 8, 1981, were approved as submitted and corrected. No. 2332 district in a ivision This was the time and place set for a decision on Commission Resolution No. 2332, the intention to create SI LD No. 637. a lighting district in a portion of Valley Unit No. 1 Subdi- vision: COMMISSION RESOLUTION NO. 2332 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 637 FOR THE PURPOSE OF OPERATING AND MAINTAINING A LIGHTING I DISTRICT TO LIGHT A PORTION OF VALLEY UNIT NO.1 SUBDIVISION TO THE CITY OF BOZEMAN FROM YELLOWSTONE TO FLATHEAD AND BABCOCK NORTH TO DURSTON, ALSO FERGUSON FROM US 191 TO BABCOCK, FALLON FROM FERGUSON TO YELLOWSTONE, AND YELLOWSTONE FROM FALLON TO BABCOCK, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION 7-12-4301 TO 7-12-4326 INCLUSIVE OF THE REVISED CODES OF MONTANA. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2332, intention to create Special Improvement Lighting District No. 2332, and that the Staff be instructed to prepare a resolution creating said SILD, to be brought to the Commission next week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Decision - I ndustrial Development Revenue Bonds - Montana Farm Bureau Federation This was the time and place set for a decision on the request for Industrial Develop- ment Revenue Bonds on behalf of the Montana Farm Bureau Federation. The I nterim City Manager stated that, to receive Industrial Development Revenue Bonds, the requesting agency must prove that the project is in the public interest of the community. He stated that, in I his opinion, the Montana Farm Bureau Federation meets such guidelines and recommended approval of the request. Commissioner Stiff stated that he was concerned about the large percentage of rental space in the proposed structure. He stated that after research he had found that the type 443 of rental proposed is of a category that is not readily available. This type of rental may easily appeal to an out-of-town office for use as a branch office in Bozeman. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request for Industrial Development Revenue Bonds on behalf of the I Montana Farm Bureau Federation, for construction of a building to be located on South Nineteenth Avenue. The motion 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. Continued public hearin - Donald K. Weaver - Master Plan Amendment - Low density to me enslty resl entia This was the time and place set for the continued public hearing on the request from Donald K. Weaver for a Master Plan Amendment from low density residential to medium density residential on 12.4 acres, located next to the Valley View Golf Club. Mayor MacNab reopened the public hearing. Steve Lere, Interim Planning Director, presented the staff report. He stated that the petitioner is seeking a Master Plan Amendment from low density to medium density residential, with a stipulation of four units per acre. Mr. Donald K. Weaver, 2404 Spring Creek Drive, spoke on behalf of his proposal. He stated that his Planner, Robert Lee, had developed the plans for the area known as West- ridge Meadows, within the guidelines set. He stated that his goal is to develop a Planned I Unit Development along the golf course with a high standard of quality, and no other sites like these are available in Bozeman. He stated that the area is isolated from surrounding developments. He stated that Mr. Lee had worked closely with the Planning Department in the development of the plans for this project. The proposal includes access from Kagy Boulevard, past the present office buildings which Mr. Weaver has had built within the past few years. A secondary access, for emer- gency vehicles only, would be provided from the proposed Planned Unit Development to Spring Creek Drive, entering next to Mr. Weaver's house. This secondary access would only be temporary until Graf Street is extended and Mr. Graf has built a road across his property from Mr. Weaver's property line to Graf Street. Mr. Weaver stated that there is neighborhood opposition to the requested change in the density classification of the area. He stated that he sees no problem with the change in density classification as long as the stipulation that it be four units per acre is included. Mr. Weaver stated that the neighborhood doesn't like the idea of the land being called medium density because it implies greater density. I Mr. Robert Lee, Planner for Mr. Weaver, stated that he had worked with the Planning Department during his development of the proposal. He stated that former Planning Director Mr. Bolton had given two choices to work with: (1) R-1 zone change request, and hope to increase the density by 35% with a Planned Unit Development request or (2) R-2 zoning, which could then be given a limit of four units per acre. The groundwater in the area is four to five feet below the surface. The area is not -444 suitable for basements, but the structures could be developed entirely above ground. Many changes in the surrounding area have occurred during the past nine years. Water and sewer is now avai lable to the area, and access is now available onto Kagy Boule- vard. Commissioner Stiff stated that he does not understand why R-1 will not do what is I needed, with a permitted four units per acre density. Commissioner Mathre stated that she does not see the necessity for a Master Plan Amendment. Mr. Norm Wallin, 2422 Spring Creek Drive, presented a letter to the Commission, written by Mr. Roger Wheelwright, stating opposition to the requested Master Plan Amend- ment. Mr. Wallin stated that he also opposes the request. He expressed concern about the possibility of lowering the value of the subdivision and homes bordering on the periphery of the property under consideration. Mr. Ed Hanson, 2118 Spring Creek Drive, presented a petition to the Commissioners, opposing the proposed Master Plan Amendment. Mr. G. C. Waite, 2412 Spring Creek Drive, stated that the neighborhood has pretty much agreed to the zoning for Westridge Meadows. The neighborhood, however, feels that the area can be best preserved with a low density designation and an R-1 zone. Mrs. Becky Gibson, 2409 Spring Creek Drive, stated that for many people, their homes are their largest investment. She does not wish to see this investment jeopardized by a medium density designation as requested. I Mr. Marvin Irvine, 211 Circle Drive, also stated objections to the proposal. He stated that he feels the project needs to be further researched and an impact study done. No one else was present to object. Mr. Donald K. Weaver stated that he has no objection to the low density designation as long as four units are allowed per acre. Commissioner Vollmer asked the I nterim Planning Director what the difference between the low density and medium density designations would be. Steve Lere stated that with a low density designation, Mr. Weaver would be required to go through a PUD process and request a 35% bonus to raise the density to four units per acre. It would also cause in- creased landscaping and architectural design. Mr. Clair Daines, 104 Heritage Drive, a contractor in Bozeman, stated that he has lived in Westridge and is now living south of the area. He stated that high quality develop- able land is hard to find. Westridge is one of the best marketable areas in town. He stated that Mr. Weaver had developed the area. He stated that Mr. Weaver has gone beyond what is common in development. He stated that he would prefer to see a Planned Unit Development at four units per acre and feels the neighborhood would be better off with that requirement. I Mayor MacNab closed the public hearing. A decision will be made at the next regular Commission meeting. 4'45 Ordinance No. 1068 - Zone Code Amendment Ordinance No. 1069 - Zone Code Amendment Ordinance No. 1 070 - Zone Code Amendment Ordinance No. 1071 - Zone Code Amendment Ordinance No. 1072 - Zone Code Amendment Ordinance No. 1073 - Zone Code Amendment Interim City Manager Evans stated that these six ordinances create amendments to the I Zone Code. The I nterim City Manager stated that the Commission has requested that this matter be tabled for a period of one week for review. Ordinance No. 1074 - Salary Ordinance for Fiscal Year 1982 The I nterim City Manager stated that Ordinance No. 1074 would set the salaries for five positions within the City. He requested that the Commission proceed to set any or all of the salaries that they so desire. Following a brief discussion, the Mayor requested that the matter be tabled for a period of one week. Ordinance No. 1075 - Setting salaries for City Commissioners Interim City Manager Evans presented Ordinance No. 1075, entitled: ORDINANCE NO. 1075 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA. Interim City Manager Evans stated that it was his recommendation to the City Commis- I sion that they consider an increase in the per meeting compensation to the City Commission. He stated that there has not been any increase in this amount since July 1976, and he recom- mends adoption of Ordinance No. 1075. Following a brief discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission adopt Ordinance No. 1075, setting the salaries for the City Commissioners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Mathre and Commissioner Stiff. Sewer Rate Increase Order - for adoption by the City Commission I nterim City Manager Evans stated that this Sewer Rate I ncrease Order was prepared by the City Attorney for adoption by the City Commission. I t sets the time and place of the public hearing on the proposed sewer rate increase. The Interim City Manager recommended adoption of the Order. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I Commission adopt the Order setting August 13, 1981, at 7:00 o'clock p.m., Gallatin County Courthouse Community Room as the time and place for the public hearing on the proposed sewer rate increase, as prepared by the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vollmer, Com- missioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. -446 Land trade (1 acre) - Montana Power Company and City of Bozeman - to facilitate Sewaqe 1 reatment Plant construction The I nterim City Manager stated that the proposed land trade of one acre between Montana Power and the City of Bozeman is to facilitate construction of the new Sewage Treatment Plant. City Engineer Art Van't Hul stated that Montana Power purchased land from Mr. Foster I for a substation. The proposed land trade would place the substation close to the plant, with easier access to the facility. This placement would be better for the plant, and would remove the substation from the outlying ponds of the plant. The zoning is the same in the entire area, and an electrical substation is a permitted use, so that would create no problems. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the proposed one-acre land trade between Montana Power and the City of Bozeman, and that the City Attorney be instructed to prepare the legal documents necessary to facilitate this land trade. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none; Commissioner Vollmer abstained. Request - Heisel Landscaping - permission to place trailer on Main Street for Crazy Days - July 18, 1981 I nterim City Manager Evans presented to the Commission a request from Heisel Land- scaping for permission to place a trai ler on Main Street on July 18, 1981 for Crazy Days. I The Interim City Manager recommended approval of the request, and suggested that the trailer be placed in front of the old Gambles store or the old Penneys store, as both are presently vacant. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of Heisel Landscaping for permission to place a trailer on Main Street on July 18, 1981 for Crazy Days, said trailer to be placed in front of the old Gambles store. The motion 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. Request - Sweet Pea 1981 - permission to hang banner - July 17 to August 10, 1981 I nterim City Manager Evans presented to the Commission a request on behal f of Sweet Pea 1981 for permission to hang a banner across Main Street from July 17 through August 10, 1981, along with the required fee. He recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request of Sweet Pea 1981 for permission to hang a banner across I Main Street from July 17 through August 10, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. 447 Request - Loft Theatre - to place sidewalk sign in front of Rialto Theatre Interim City Manager Evans presented to the Commission a request on behalf of the Loft Theatre for permission to place a sidewalk sign in front of the Rialto Theatre. The I nterim City Manager recommended approval of the request, with the stipulation that the sign I be placed next to the building or near the edge of the sidewalk so that it is not obstructing the pedestrian pathway. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request of the Loft Theatre to place a sidewalk sign in front of the Rialto Theatre with the following conditions: 1. One sign only; 2. To be placed next to the bUilding--not in the center of the sidewalk where it could impede pedestrian flow. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Montana I nstitute of the Arts, Local Chapter - Lindley Park - July 30, 1981 - open container ordinance Interim City Manager Evans presented to the Commission a request on behalf of the Montana Institute of the Arts, Local Chapter, for permission to serve beer at a picnic to be held in Lindley Park on July 30, 1981, beginning at 6: 00 p. m. The I nterim City Manager I recommended approval of the request. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of the Montana I nstitute of the Arts, Local Chapter, for permission to serve beer at a picnic to be held in Lindley Park on July 30, 1981, beginning at 6:00 p.m. The motion 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. Authorize Mayor to sign - Bozeman Creek drainage road easements - Forest Service City Engineer Art Van't Hul stated that the proposed road easements are located where the Forest Service roads cross City property. These roads are to be provided for the pend- ing timber sale by the Forest Service. Some of the roads are to be maintained, while others are to be used only during the logging, then allowed to return to their natural state. It is estimated that the City has 3 million board feet of timber which should be harvested to avoid fire danger. The Forest Service will pay the City for use of the land for road easements. The I Forest Service will pay for the entire road development at this time. At such time as the City enters into a contract for timber sale the City will then pay to the Forest Service an amount equal to its proportionate share of the road development. The money will come from the profits of the sale. Mr. Bob Denny, from the Forest Service, stated that the Mountain Pine Beetle is -'-448 beginning to infest the Bozeman Creek drainage. The timber sale would remove those trees al ready infested as well as those that could possibly be infested within the next five years. The Forest Service has designed the sale to minimize any effect on the water coming from this drainage. They are requiring sophisticated methods of logging in this area. Mr. Denny recommended that the City use the same type of contract that the Forest I Service uses for timber sales. He stated that the City and Forest Service cannot use the same contract for the two timber sales. However, the timber sales could be conducted at the same time, under two separate contracts. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission authorize the Mayor to sign the Bozeman Creek drainage road easements for the Forest Service. The motion 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. Authorize Mayor to sign - Contract Documents - Sanitary Sewer Improvements, Schedule II Interim City Manager Evans presented the contract documents for Underground Ex- cavating, of Bozeman, for Schedule II of the sanitary sewer improvements, and recommended that the Mayor be authorized to sign these documents. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Mayor be authorized to sign the contract documents for Underground Excavating, of Bozeman, for Schedule II of the sanitary sewer improvements. The motion carried by the following I 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 Raffle License - Quilters Guild - August 8, 1981 Interim City Manager presented to the Commission an application for a raffle license, along with the required fee, on behalf of the Quilters Guild, to be held on August 8,1981. To be raffled is a Dresden Plate quilt. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for a raffle license on behalf of the Quilters Guild, to be held on August 8, 1981. The motion 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. Excuse Commissioner Swanson - July 22, 1981 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that Commis- sioner Swanson be excused from the meeting of July 22, 1981, in compliance with Section I 7-3-4349, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No being Commissioner Vollmer; Commissioner Swanson abstained. 449 Reports: Police Department for June 1981 Interim City Manager Evans stated that the Police Department report for June appeared to be in order and recommended that it be accepted. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the report of the Police Department for June 1981, and that it be I brought back to the Commission next week for filing. The motion 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. File Reports: Broad Valleys Federation of Libraries for June 1981 and Building Inspection for June 1981 Interim City Manager Evans stated that the Broad Valleys Federation of Libraries report for June 1981 and the Building I nspection report for June 1981 appeared to be in order and recommended that they be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the reports be accepted and ordered fi led. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Sti ff, Commi ssioner Swanson and Mayor MacNab; those voting No, none. Executive Session Mayor MacNab called for an Executive Session and requested that all be excused I except the I nterim City Manager. Mayor MacNab requested that all others please leave the Commission Room. Following the Executive Session, Mayor MacNab reconvened the Commission meeting at 4:54 p.m. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the meeting be ad- journed. The motion 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. Mayor I ATTEST: Clerk of the Commission