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HomeMy WebLinkAbout1979-09-19 322 September 19, 1979 Bozeman, Montana 59715 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 19, 1979. at l:lS o'clock p.m. Present were Mayor Sedivy, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't. City Manager Smith, City Attorney Planalp andfue Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Tuesday, September ll, 1979, were approved as submitted. Decision - Zone Code Amendment - Greyhound Bus Lines - allow transportation stations as permitted use. Relocate present Greyhound Bus Lines operation from the B-3 district to a site within a B-2 zone Having delayed action on the request of the Greyhound Bus Lines for a Zone Code Amend- ment to allow transportation stations as a permitted use within a B-2 zone, it was again brought before the Commission. The Greyhound Bus Lines is in the process of acquiring a lease on a piece of property located on North Seventh Avenue. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the hearing be continued for a period of one week. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Mayor Sedivy, those voting No, none. Decision - proposed Industrial Development Revenue Bond Issue for the Montana Bank of Bozeman The request of the Montana Bank of Bozeman for the approval of an Industrial Development Revenue Bond Issue was presented for a decision. The City Manager advised the Commission that Gallatin County has adopted a statement of policy dealing with Industrial Development Revenue Bonds. The purpose is to encourage economic growth within the County and to promote the health, safety, and general welfare, security, pros- perity and contentment of the county as a whole. The Policy Statement further stated the bonds and project must be in the "public interest" and be such an activity as will benefit the com- munity as a whole. The purpose of the Industrial Development Act is not to simply allow financing of pri- vate business through the backing of county government. The county cannot lend its backings to any project which does not have public interest and serve a public purpose. The county must insure that the project does not become financially insolvent so as to even indirectly affect the county's general financial and bonding capacity. Industrial Development Revenue Bonds, although issued by the County, reflect many of the characteristics of a corporate security. The full faith and credit of the municipality is not pledged to pay for these bonds. The City Manager said it might be well for the City Commission to consider the above policy, and further consider adoption of all or parts of it for a City policy as well. The City Manager felt the Industrial Development Revenue Bond Issue was definitely in the public interest and recommended approval thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Com- mission approve the request of the Montana Bank of Bozeman for the issuance of Industrial Revenue Bonds by the City of Bozeman, to finance acquisition of land and erection of buildings for a new Montana Bank Complex. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none, Commissioner Swanson abstained. Public Hearing - Commission Resolution No. 2090 - Intent to Annex Jahnke property (Valley Unit Development) During the regular meeting of the City Commission held on August 15, 1979, the Commission regularly passed and adopted Commission Resolution No. 2090 declaring its intention to extend the boundaries of the City of Bozeman so as to include a tract of land lying in the NE~ of Sec- tion 10, T2S, R5E, M.P.M., Gallatin County, Montana, excepting therefrom a tract of land in the NE~ NE~ of said Section 10. This being the date for public hearing as set forth in said Commission Resolution No. 2090, affidavit of publication of Notice and the Clerks mailing certificate stating all property own- ers had been notified as required by law was presented. There were no protests on file. I I I "r,. r'. 'JL"':' I The property being annexed belongs to Virgil Jahnke. This is the 320-acre tract lying between the west boundary of the Fish and Game property and Ferguson, fronting on West Main Street and running one mile northward. The public hearings previously held regarding zoning of this property were all contingent on successful annexation of the property. The City Manager stated this is perhaps the first large tract of the almost enevitable development westward from Bozeman. Of chief concern to the utility department is the fact that the existing water resources are presently marginally adequate for today's population and level of development. Several months ago the City applied for transfer of some 300 miners inches of water rights from Middle Creek, to accommodate future growth. The Department of Water Resources has not yet concluded the procedures necessary to legally transfer those rights to the City of Bozeman, and so the City of Bozeman is not yet assured that they will actually own the 300 inches of water. The annexation and development of such tracts as the Jahnke property may be largely dependent upon successful acquisition of these additional water rights. The City Manager stated he was not basically opposed to the annexation of tracts such as this, particularly if there is a mix of industrial/commercial property along with the resident- ial. However, he is concerned that the City cannot adequately serve such annexation areas, without eroding the quality of utility provision within the present city limits. Attorney Joe Sabol, representing owners of the Jahnke property feels more strongly than ever that the annexation of this property is in the public interest. Mr. Sabol said the availability of water is a problem area. However, even with the pot- ential water shortage, annexation of property cannot be stopped. He further stated that with or without this project, we've got a water problem. Mr. Sabol had instructed Thomas, Dean and Hoskins to do a water study to determine whether the Jahnke property would adversly affect the impending shortage. Mr. Sabol introduced Rick Kerin of Thomas, Dean, and Hoskins to present his findings. According to Kerin, the City currently has water rights to 11,000 acre feet a year. It actually gets, however, about 8,000 acre feet a year because of diminished flow in the creeks that provide much of that water. He further stated that the City loses another 29 percent through exfiltration and overflow. The water flow is available, but Bozeman's storage cap- abilities, water mains, pipes, etc., do not allow for its use. Mr. Kerin waid that even if it improved its collection systems and bought more water rights, by 1993, if the population projection of 40,000 is correct, the City will fall short of supply. Mr. Kerin's predictions were based on figures stating that 260 gallons per capita a day is used in Bozeman. Mary Ellen McMillan, 497:9' Durston Road stated they were worried about the roads in that area. The property owners in that area also expressed their concern over the water problems and how it will be taken care of as it passes through the property. Mr. Sabol advised the concerned property owners that the applicants property joins Babcock Street and that they have set aside a 90' strip to Ferguson which is to be paved. He further stated they want to protect the quantity, as well as, the quality in that area. They recognize the traffic problems and will cooperate with anyone having problems. Don Strang, Water Superintendent, said he felt that before annexing a tract of land this size we should find out where we are on the water situation as we are obligated to supply the population. The City Engineer had serious reservations about the annexation. He feels it is much better for the community to keep it compact. We must have our major water program before we have a right to extend any more at this time. If we can get the water, this will take care of a population from thirty to forty thousand. The City Engineer feels the annexation of 320 acres would string it out. Mr. Van't Hull also stated that the property would be a benefit to the city only if it caught thirty percent of the future housing market. "There are properties on every side of town planning on catching the market," he said. "Its a gamble." The City Attorney advised the Commission that if they felt they had all of the reports the hearing could be closed and any information must be presented in written form within the twenty day period. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the hearing be closed and that for a period of twenty days after the public hearing, the governing body *The decision will be made on Wednesday, October 17, 1979. shall receive written protests. The motion was carried by the followlng Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Com- I I 32lc~ missioner Vandeventer and Mayor Sedivy, those voting No, none. Dr. Kenneth Spain - interpretation - Diet Center located at l015 West Mendenhall - R-4 Zone A letter received from Dr. Kenneth Spain of 1015 West Mendenhall requesting the Commis- sion to make a rule as to whether or not a diet control clinic would be acceptable as a tenant in the office building at that address, was presented. The Building Inspector said the site in question is located in an R-4 Zone. Clinics are a permitted use in the R-4 Zone and medical offices are listed as a conditional use. The Building Inspector could not object to classing a diet center with medical offices. He thinks the simplest way to handle this case would be for the City Commission to declare diet centers to be synonymous with either clinics or medical offices. This would avoid the necessity of requesting a zone code amendment. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission declare diet centers to be synonymous with either clinics or medical offices. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Public Hearing - Two proposed subdivisions amendments Section 10.4-1 - Streets Section 10.4-2 - Sanitary Facilities This was the time and place set to consider the request of the Planning Department to amend Section 10.4-1 - Streets and Section 10.4-2 - Sanitary Facilities. This amendment would ensure that any future paved street systems constructed within the City's three mile zoning area will be developed according to City street section design stan- dards. This amendment would require compliance with a single set of construction design stan- dards/criteria for any central public or private sanitary sewer and/or water systems proposed for use within the City's three mile zoning area. The Planning Director presented the staff report which recommended approval of the pro- posed Staff Amendments to the Bozeman City Commission to include a clarification to Section 10.4-1 that this requirement applies only when proposed lots will be less than one acre in size. The amendment to Section 10.4-2 would establish a single, unified set of construction design standards and criteria for central public or private sanitary sewer and/or water systems where such utilities would be used in the three mile zoning area. In essence, the City of Boze- man's utility construction design standards/criteria would prevail where such services would be proposed in this area. The public hearing was closed and a decision will be forthcoming on Wednesday, September 26, 1979. Hugh Reid - request alteration and modification to approved final site plan Hugh Reid appeared before the Commission in regard to resolving certain conditions per- taining to the August 27 final site plan. He asked if the landscaping location and dimensions could be altered to allow for more convenient truck maneuvering into one of the older existing warehouses to the north of the property. The Planning Director advised the Commission that in the spring of 1978, the Commission approved a conditional use permit for the applicant. Once the final site plan is approved only the City Commission can make future alterations. Mr. Reid was present and stated the truck drivers can not get the truck into the ware- house without driving over the landscaped area. The Planning Director stated the third door had never been approved by the City. He stated the other problem was that Rouse will go through some day and he felt committed to the original conditional use permit. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that action be delayed for a period of one week for an on the site view of the area in question. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No,none. Petition - Parking Commission to create SID to acquire Stimson property I I I I A petition from the Bozeman Parking Commission, petitioning the City Commission of the City of Bozeman to create a Special Improvement District within the city limits of the City of Bozeman, as prepared by the City Attorney, was presented. The purpose of the creation of the Special Improvement District is to acquire and develop Lot 16, 17 and the East 9.25 feet of Lot 18, Block F of the Original Plat of Bozeman, Montana. The Lot shall be acquired for parking of motor vehicles in the downtown area of the City of Bozeman. The Special Improvement District project shall be the sum of Seventy-five Thousand Dollars ($75,000.00) and shall be payable over seven (7) years. The City Engineer and the en- gineering firm of Thomas, Dean & Hoskins will prepare the appropriate data. The undersigned requests that the City proceed to establish a hearing date for the pres- entation of protest in opposition to the creation of the District. The property was condemned to allow a city parking lot to be built, in court action. The court awarded $155,000 to the owners for the property. However the parking Commission does not have $155,000 to buy the land with, so it has requested the City Commission to create an SID to get the funds. City Attorney Planalp advised the Commission, that before a resolution was drawn up cre- ating the SID, he would like assurance that the bonds can be sold. He requested that the Com- mission acknowledge receipt of the petition. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission acknowledge receipt of the petition from the Bozeman Parking Commission. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Request for approval of agreement with Montana Highway Department covering reimbursement for maintenance of traffic signals on state highways within the city I The 1979 Legislature authorized cities to enter into agreements with the Montana Highway Department, for maintenance of traffic signals which are located on State Highways within city limits. The City will be involved in maintenance of the signals and will be reimbursed for time and material connected therewith. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City enter into the Signal Maintenance Agreement with the Department of Highways and that the Mayor and Clerk of the Commission be authorized and directed to sign the Agreement for the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab. Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. A.M.C. Sullivan - variance to install wooden sign back of store l07 East Main A letter received from A.M.C. Sullivan Photo, l07 East Main Street requesting a variance to the sig~ code to put a wood sign on the back of their store located at l07 East Main Street, was presented. The sign has no lighting or electrical connections. The measurements are 2' 2" by 6'. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve the sign code variance to place the wood sign on the back of A.M.C. Sullivan's store at l07 East Main Street. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. I Bozeman Senior High - request for homecoming parade - Saturday October 13, 1979 lO a.m. A letter received from Steve Daines, President of Student Government requesting permis- sion to have a parade on Saturday, October 13, 1979, at 10:00 a.m. was presented. The parade will begin at the High School Parking lot and continue down Main Street to Heeb's Grocery Store where it will disband. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that permis- sion be granted the Bozeman Senior High School to hold their parade on Saturday, October l3, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. 0L~ 1,800.00 I 328 Application for Gambling License - Donald & Cynthia Frye - Haufbrau The City Manager presented an application from Donald & Cynthia Frye of the Haufbrau, along with the appropriate fee for operating two card tables. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission concur in the recommendation of the Chief of Police, also concurred in by the City Man- ager, and approve the application for the issuance of the gambling license. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. I Claims The general claims for the month of September, 1979, were presented. The City Manager had checked the claims and found them to true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instru~ted to issue warrants in payment. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Change Orders - #1 and 2 - SID No. 607 - McChesney Subdivision #1 SID No. 598 - Wheat Subdivision Change Order No.1 and 2, SID No. 607 as prepared by Morrison-Maierle, Inc., to become a part of the original contract for paving in McChesneys Annexation was presented. Description: Installation Installation Installation inlets of 31" X 50" C.M.P. installed $4,200.00 of 15" X 70' C.M.P. installed 1,750.00 of two curb type storm drain Change Order No.1 - SID 598 as prepared by Morrison-Maierle, Inc., to become a part of the original contract for paving in Wheat's Subdivision was presented: Description: Installation l5" X 60' C.M.P. $1,500.00 The City Manager concurred with the engineers and recommended that Change Orders No. 1 and 2 in the McChesney Subdivision, and Change Order No.1 in Wheat's Subdivision be accepted and approved as presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Change Orders be accepted and approved, and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Letter of Condolence to be sent to family of E.P. Keenan The Commission directed the Clerk of the Commission to address a letter to the family of E.P. "Squeek" Keenan to express their heartfelt sympathy and condolences, in this time of their personal loss. Recessed 3:15 p.m. - Executive session regarding meeting with EPA Members of the Commission along with the City Manager, the City Attorney, Former Attorney Ben Berg and the Clerk of the Commission recessed at 3:15 p.m. for the purpose of discussing a litigation with EPA in an executive session. Reconvened 3:45 p.m. I Adjournment There being no further business to come before the City Commission, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeyent~r and Mayor /] .. .' ~~'/ 4-- Sedivy, those voting No, none. A. TTEST: p /...~ /' 0/'C~. a.~~ ERNA V. HARDING, CLERK OF C~OMMISSION