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HomeMy WebLinkAbout1981-08-05 4.77 MINUTES OF THE MEETING OF THE CITY.COMMISSION BOZEMAN, MONT ANA August 5, 1981 ********************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 5,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, I nterim Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Vollmer. The minutes of the special meeting of June 16, 1981, and the regular meeting of July 29, 1981, were approved as submitted. Request - Maurice J. Klabunde - Waiver of Conditional Use procedure - 2514 West Main City Manager Evans presented a request on behalf of Maurice J. Klabunde for a waiver of the Conditional Use procedure on the property located at 2514 West Main. I nterim Assistant City Manager Barrick stated that this location is presently zoned B-2-T, causing any use of the land to go through the Conditional Use Permit procedure. He stated that, the owner has the land under consideration by the Zoning Commission to remove the "T" designation. The proposal is to use the front portion of property located at this I address as the temporary site for a used car lot--approximately one year. The Interim Assistant City Manager recommended approval of the request, as similar requests have been granted in the downtown area. Commissioner Mathre stated that she feels that this proposal is different from the ones previously considered. She stated that this is an entryway to the city and should be seriously considered. She also feels that this is a drastic change of use and conditions. City Attorney Planalp recommended that whenever a procedure is waived or changed, the Commission should specify its reasons for such action, so that it may appear in the record. Commissioner Vollmer stated that he feels the whole "T" designation process should be reconsidered. Interim Assistant City Manager Barrick stated that slightly over one year ago, the Planning Staff was instructed to go through the process and bring the matter back to the Commission for action. To date, nothing has been done regarding this request. Mayor MacNab stated that the "T" was placed on this area temporarily when it was rather undeveloped. Since that time, the area has been mostly developed, as a B-2 zone; I however, the "T" designation has not been removed. Commissioner Stiff stated that the Planning Staff's recommendation to the Zoning Commission regarding the request for removal of the "T" designation was for denial. Commissioner Swanson noted that the letter states that no new buildings will be con- structed at this time. He asked how a used car lot could operate without an office building. -'478 Mr. Maurice Klabunde stated that the shop building presently located on the site would serve to house the office for this business. He stated that the area under considera- tion extends approximately 140 feet from the highway. The residence which is also located on this parcel of land is set back behind this area, behind a thick grove of trees, so that it is not visible from the highway. Mr. Klabunde stated that he requested this waiver of the I Conditional Use procedure because the requested use would be temporary in nature. If he were to have to wait for three months to go through the necessary procedure, the person desiring to place a used car lot on the parcel would find another location or would have to wait that long, and then have the time shortened for his business. Mr. Klabunde further stated that he still plans to pursue the request for removal of the IITII designation through the Zoning Commission and the City Commission. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Com- mission approve the request of Maurice J. Klabunde for a waiver of the Conditional Use Permit procedure for a parcel of land located at 2514 West Main. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No being Commissioner Mathre. B-2 - to be continued until This was the time and place set for the public hearing on the request on behalf of Eugene Graf, Jr., for a Zone Map Change from R-4 to B-1 on a parcel of land located at 1711 South 11 th Avenue in the City of Bozeman. I The City Manager requested that the City Commission continue this matter until a recommendation is received from the Zoning Commission. Mayor MacNab opened the public hearing. Mr. Rick Mayfield stated that he desired to comment on the actions of the Zoning Commission. He feels that the Commission should act on the items as they are received. Both of the items presented at the last meeting were tabled. This request is to locate a McDonald's Restaurant on South Eleventh Avenue. The matter was tabled for various reasons, and he feels that it is wrong. Mr. Mayfield stated that he feels it is time to conduct a thorough investigation and find out why the Zoning Commission is doing what they are doing. Mr. Mayfield stated that the Planning Staff had recommended approval of the request; and it was supported by the City Manager and the City Engineer. Commissioner Mathre asked why the matter had been tabled at the Zoning Commission meeting. Mr. Steve Lere, Acting Planning Director, stated that the developer had been asked to meet with the opposition and try to solve some of the problems and work out a compromise. I This had not been done. Mr. Jack Dredla, owner of McDonald's Restaurant, stated that in March he had sent a letter to the Resurrection Parish and had conducted a telephone conversation with Don Clark at Montana State University. At that time, he told both parties that he proposed to place a 479 McDonald's Restaurant on South Eleventh Avenue. He stated that he did not begin to nego- tiate with Mr. Gene Graf until in June for the land. He also contacted McDonald's and signed a contract for 40,000 square feet, to become legal as soon as the area in question is rezoned. Mr. Dredla stated that on the Monday before the Zoning Commission Meeting, the Planning I Staff contacted him that three letters of opposition had been received. Mr. Dredla also stated that he felt that the Zoning Commission members should have done their homework. He stated that if the one was not prepared, he should have abstained from the voting. Mr. Rick Mayfield stated that, as he understood the hearing, those points of opposi- tion brought up by the Resurrection Parish and Montana State University were (1) expansion of the commercial area; (2) traffic flow; and (3) litter problem. He stated that the City Engineer agrees that there would be no more traffic or less traffic than an R-4 zone would create. Mr. Mayfield also stated that he feels it is time to do something about the problem when the Zoning Commission requests tabling of an issue so that the opposing parties may reach a compromi se. Father Kelly, Resurrection Parish, stated that when Mr. Dredla approached him, he expressed verbally his personal opposition to the McDonald's Restaurant in that area. He feels that protests were made in compliance with the laws and regulations as he understood them. He stated that both parties were disappointed that the matter was tabled. Mayor MacNab asked the City Attorney since the matter had been tabled by the Zoning I Commission, what can be done by the City Commission. The City Attorney stated that it is customary to wait for the Zoning Commission to act. He does not recall any time that the Zoning Commission has not acted first. Commissioner Swanson suggested that a letter be sent to the Zoning Commission ex- pressing disappointment in the handling of their agenda items. Mayor MacNab continued the public hearing until a recommendation is received from the Zoning Commission. The Mayor also stated that he would attempt to get the Zoning Commission to meet again before their regular meeting in August and that all parties will be notified as to time and date of hearing. Public hearing - Maurice Klabunde - Zone Map Change - 8-2- T to B-2 - to be continued until recommendatIon IS received from the Zonmg CommiSSion This was the time and place set for a public hearing on the request on behalf of Maurice Klabunde for a Zone Map Change from B-2-T to B-2 on three parcels of land which are portions of the Triangle Annexation and known as C.O.S. Nos. 178, 178A and 178B. I This property is located just south of U. S. Highway 191 as it enters the city from the west and is situated south of the Mountain Bell Telephone warehouse, the Credit Union and Veterinary Clinic. The City Manager requested that the City Commission continue this matter also until a recommendation is received from the Zoning Commission. Mayor MacNab opened the publ ic hea ring. -480 Mr. Maurice Klabunde also expressed his displeasure with the Zoning Commission. He stated that his request may have more of a reason to be tabled because of the Planning Staff being requested to research the "T" designation. He stated that anyone in the audience realized that the Zoning Commission had not done its homework. He stated that the Zoning Commission members were not really familiar with the property under consideration in this I request. He feels that the City should have concerned citizens on the Zoning Commission. He stated that four out of seven members were present--one of whom had just had heart surgery. Mayor MacNab continued the public hearing until a recommendation is received from the Zoning Commission. The Mayor stated that as before all parties will be notified as to time and date of any special meeting. Public hearing - Ordinance No. 1076 - tentative appropriation ordinance This was the time and place set for the public hearing on Ordinance No. 1076, the tentative appropriation ordinance, entitled: ORDINANCE NO. 1076 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1982. Mayor MacNab declared the public hearing open. I Mr. John Nehring spoke in support of the ordinance, with recommendations for certain additions and deletions from the City Manager's recommendation and tentative appropriation ordinance as prepared. He presented copies of these changes to each of the Commissioners for their review. Mr. Nehring suggested that four or five copies be placed in the Public Library for overnight check-out for greater ease of the public to review this document. Mr. Nehring also stated that he feels the budget process should be reviewed. He feels that there needs to be more public input into the budget long before the document is prepared. After the document is completed, it is too costly to make changes. He further stated that he didn't think it was necessary to budget funds for Commissioners to attend meetings such as the National League of Cities and Towns. Commissioner Stiff stated that there is a wide difference in the way that the cities in Montana are addressing this matter. He stated that one of the cities which has much public input in the budgeting process feels that there is some overkill. He further stated that the budget document for this city is large and contains much which is an automatic update. Commissioner Stiff stated that the Commission has felt in the past that it should be thought I through carefully before any change is made. Commissioner Swanson stated that the National League of Cities last year was ex- tremely beneficial. He stated that both he and Mayor MacNab attended extra meetings on their own time because both were so involved with the convention. 481 Mayor MacNab stated that the National League of Cities was a voice to the National legislative process; it is not just a learning process. Commissioner Vollmer stated that the State Legislature voted down most of the legisla- tion for the cities that was proposed by the Montana League of Cities at the last legislative session. I Commissioner Mathre stated that the Commission might consider a six-month review of the budget. She stated that the Commission receives budget summaries each month, but they are not structured into the Commission meeting. City Manager Evans stated that all cities in the state are pressed for financial resources because of the structure of the state and the reliance on property taxes. He stated that budgeting is an art--not a science. The City Manager stated that the City has increased the number of mills by 6 percent each year since 1970. However, the cost of living has increased by more than that each year. The City has been living within its means for the last three years. Ms. Mary Vant Hull stated that the City must increase savings in the budget. She recommended considering a City-County cooperation, especially in the area of police protec- tion. Commissioner Mathre asked the City Manager how many requests were received for the Federal Revenue Sharing Funds. City Manager Evans stated that two formal requests had been received. He further I stated that the grant given to the Help Center several years ago drew much criticism from the auditors. He stated that it would be necessary to see if it would be a legal expendi- ture. The City Manager further stated that the requests are also considered with the City's need for the funds for the Police and Fire salaries, and a reserve for the future. These needs are felt to be more important than the requests which have been received. Mayor MacNab declared the public hearing closed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt the tentative appropriation ordinance. 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. Commissioner Stiff stated that he feels that the comments presented at the hearing today should be considered during next year's budgeting process. Application for relicensing of gambling - Filling Station - July 1, 1981 to June 30, 1982 City Manager Evans once again presented the application for relicensing of gambling on behalf of the Filling Station for the period July 1, 1981 to June 30, 1982. He stated that I this matter had been deferred for the past two weeks, due to a question regarding compliance with a Conditional Use Permit on the property. Interim Assistant City Manager Barrick stated that he had hand delivered a copy of the original letter to the establishment last week and found Mr. Frye's partner on the premises, and was told that the Filling Station could not afford to pave the parking lot. ..4'82 Mr. Barrick also stated that the Commission would like to hear why the business cannot afford to pave this area. He stated that a couple of hours later, he received a call from Mr. Frye stating that the area would be paved. City Attorney Planalp recommended that the matter be deferred for a one-week period, pending paving of the parking lot. I Mayor MacNab deferred the matter for a one-week period. Application for raffle - Five Rivers Chapter, American Red Cross - August 9, 1981 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of the Five Rivers Chapter, American Red Cross, for a raffle to be held on August 9, 1981. To be raffled are two tote bags for rafts and canoes, with an approximate total value of $20.00. The City Manager recommended approval of the application. It was moved by Commissioner Swanson, seconded by Commissioner Mathre~ that the Commission approve the application for a raffle license on behalf of the Five Rivers Chapter, American Red Cross, for a raffle to be held on August 9, 1981. 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 - lease with Executone for new telephone system for City Hall Complex The City Manager presented to the Commission a lease with Executone for the new tele- I phone system for the City Hall Complex. He stated that the City Attorney had examined the lease and indicated that the lease is within the laws of the State of Montana. City Manager Evans stated that after the lease is signed, it will be approximately ninety days until the system is installed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Mayor to sign the lease with Executone for a new telephone system for the City Hall Complex. The motion 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. Discussion - Recommendation from Boettcher and Company - re combined Water and Sewer - bond issue City Manager Evans stated that the Commission had received copies of the letter from Boettcher and Company and a tabulation prepared by Tommy Thomas, consulting engineer. City Manager Evans stated that the Director of Finance, City Engineer and the consulting engineer were concerned about the combined bond sale. This approach to the bond sale would I tie up the revenues of both funds for the next twenty years. Also, the consulting engineer does not agree that there would be a cost savings. The City Manager stated that there are good points in the proposal submitted by Boettcher and Company; and the combined bond sale may make the bonds more marketable. However, the consensus of the City staff is to treat the matter as two separate issues. 483 Commissioner Stiff requested that the matter be deferred for a period of one week so that the matter may be more carefully studied. The Mayor deferred this matter for one week and asked that it be placed on next week's agenda. I City Manager Evans presented Commission Resolution No. 2343, as negotiated by the attorneys for the bonding company and the City Attorney, entitled: COMMISSION RESOLUTION NO. 2343 A RESOLUTION PROVIDING FOR THE ACCEPTANCE AND APPROVAL OF A BOND PURCHASE PROPOSAL FOR THE PURCHASE OF INDUSTRIAL DEVELOPMENT FI RST MORTGAGE REVENUE BONDS FOR THE MONT ANA FARM BUREAU FEDERATION - MOUNTAIN WEST FARM BRUEAU MUTUAL INSURANCE COMPANY, INC., JOINT VENTURE PARTNERSHIP PROJECT; AUTHORIZING THE ISSUANCE, EXECUTION AND DELIVERY OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,600,000.00 AS DESCRIBED HEREIN; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE BONDS TO SAID JOINT VENTURE PARTNERSHIP TO FINANCE THE COSTS OF THE PROJECT, AS DESCRIBED IN THE PROJECT LOAN AGREEMENT PERTAINING TO THE PROJECT; AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF SAID PROJECT LOAN AGREEMENT AND THE INDENTURE OF TRUST PERTAINING TO THE PROJECT; AUTHORIZING THE PLEDGE UNDER SAID PROJECT LOAN AGREEMENT OF THE PAYMENTS AND OTHER REVENUES AND AMOUNTS DERIVED THEREFROM TO THE TRUSTEE FOR THE BENEFIT OF HOLDERS OF THE INDUSTRIAL DEVELOPMENT REVENUE BONDS - MONTANA FARM BURUEA FEDERATION - MONTANA WEST FARM BUREAU MUTUAL INSURANCE COMPANY, INC., JOINT VENTURE PARTNERSHIP PROJECT, OF SAID CITY DESCRIBED HEREIN; APPOINTING THE TRUSTEE AND REQUESTING SAID TRUSTEE TO AUTHENTICATE SAID BONDS; I AUTHORIZING INVESTMENTS BY THE TRUSTEE; AUTHORIZING THE ASSIGNMENT OF THE CITY'S INTEREST IN THE PROJECT LOAN AGREEMENT TO THE TRUSTEE; AUTHORIZING AND APPROVING THE FORM OF THE LOAN AGREEMENT, THE FORM OF THE INDENTURE OF TRUST. THE FORM OF THE OFFICIAL STATEMENT WITH RESPECT TO THE BONDS AND THE OTHER OPERATIVE DOCUMENTS, INSTRUMENTS AND CERTIFICATES PERTAINING TO THE PROJECT AND TO BE DELIVERED IN CONNECTION WITH SAID BONDS; AUTHORIZING ALL OTHER NECESSARY ACTION PERTAINING TO THE BONDS AND SAID DOCUMENTS AND INSTRUMENTS AND CERTIFICATES; AND REPEALING ANY PROCEEDS OF THE COMMISSIONER INCONSISTENT HEREWITH. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2343, approving the expenditure of the proceeds from the Industrial Revenue Development bond issue for the Montana Farm Bureau Federation. 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. City Manager Evans presented a request on behalf of the Bozeman Army Navy Store I for permission to conduct their Second Annual August Back-to-School Sidewalk Sale on August 13-15, 1981. The City Manager stated that he has mixed emotions regarding this request, but recommended approval of the request. The City Manager suggested the possibility of considering a policy of honoring Crazy Days and authorizing one other requested sidewalk sale per year. He stated that too many sidewalk sales at a location could create a carnival atmosphere and make it hard for the public to get through the area on the sidewalk. --484 Commissioner Swanson stated that the City has had problems with this business going ahead without Commission approval. He stated that they have not been at all cooperative with the City. Commissioner Stiff stated that today there are rafts by the building. He questioned if this was proper or if it was breaking the law. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- I mission approve the request of the Bozeman Army Navy Store to hold a sidewalk sale on August 13-15, 1981, with the condition that an unobstructed six-foot walkway be provided on the sidewalk through the area. 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. Mayor MacNab requested that the Staff return with a proposed policy regarding side- walk sales in two weeks. Appointments - Library Board and Recreation Board Mayor MacNab announced his appointment of Beverly Knapp to the Library Board, ending June 30, 1986. She replaces Ruth Siess. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's appointment. 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. I Mayor MacNab then announcedhis appointment of Carl Spring to the Recreation Board, ending January 1983. He replaces Joe DiMarco. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission concur in the Mayor's appointment. The motion 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. Adjournment There being 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 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. Mayor I ATTEST: Clerk of the Commission