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HomeMy WebLinkAbout1979-10-17 I 341.~- October 17, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission "Room, Municipal Building, October 17, 1979, at 1:l5 o'clock p.m. Present were Mayor Sedivy, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Planalp and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, October 10, 1979, were approved as submitted. Dave Penwell (West Side Investment Company) - discussion City Sewer Easement I David Penwell, representing West Side Investment Company, appeared before the Commission in regard to levying of interest on charges made against persons connecting to a sewer line. Initially, Harry Daum built a sewer extension from its (then) terminus to the new Main Mall. Those connecting to that sewer would pay Mr. Daum for appropriate capacity and connection charges, plus interest. In the second instance, those connecting to the extension of Mr. Daum's original sewer line are the subject of this matter as to whether or not they pay inter- est on the appropriate capacity and connection charges. Mr. Penwell said that when the sewer line was originally installed the West Side Invest- ment Company was promised reimbursement of cost, plus interest, from the people who hooked onto it. However, on the Agreement the West Side Investment Company got back from the City, reim- bursement of cost was promised, but no interest was included. He further stated that on a sewer installation installation fee of $60,000, that computed out to a substantial loss. He felt to not include cost plus interest was not only unfiar, but illegal. The City Attorney said there was a number of reasons why interest should not be charged. The City Engineer said that everyone in the district should be charged the same basic rate. He felt there were some details that needed to be ironed out. The Commission deferred action on the request for a period of one week. Public hearing - Commission Resolution No. 2097 - Annexation Allison property During the regular meeting of the City Commission held on September l2, 1979, the Commission regularly passed and adopted Commission Resolution No. 2097 declaring its intent- ion to extend the boundaries of the City of Bozeman so as to include a tract of land located in Section 24, T2S, R5E, MPM., Gallatin County, Montana. This being the date for public hearing as set forth in said Commission Resolution No. 2097, affidavit of publication of Notice and the Clerks mailing certificate stating all prop- erty owners had been notified as required by law was presented. The property being annexed belongs to Gene Graf, Jr., and lies immediately south of Summit Engineering. The Planning Director stated the Planning Board reveiwed the proposed land uses and found them to be acceptable. Joe Sabol, representing Mr. & Mrs. Graf, petitioners for annexation of the Allison prop- erty, advised the Commission that the annexation as proposed will consist of six phases. The six phases constitute the total development of approxiamtely 120 acres. Phase number one of the Allison Annexation contains approximately 76 acres. If the Allison property is annexed, development of the area could not begin for at least a year. which would give the City time to resolve the two issues of water rights and rates. Mr. Sabol said that if both the Allison and Jahnke properties were annexed and developed to municipal densities, they would use 242,000 gallons of water a day, or approximately six percent of Bozeman's daily use of 5.5 million gallons. Mr. Sabol feels the City should be looking at the water problems and try to do something about them. This property and other properties will act as a impedis to get out water problems solved. Mr. & Mrs. Graf have water right both in Middle Creek and in Hyalite Lake. They would be willing to do something with those water rights to help alleviate the present water shortage during the winter months. Jim Cummings of Thomas, Dean & Hoskins, Inc., appeared before the Commission to comment on the Allison annexation. He said that in general, the Allison annexation is within the general water and sewer service area in the town in which the City expects to serve at some point. The water demands in these subdivisions are not going to be immediate and because of the fact these subdivisions do require platting prior to any services being extended there I '. / , u~2 I is an additional time-frame control factor. Mr. Cummings said he and his staff have tried to evaluate the possibilities of ground water supplies. To date these evaluations have not been real satisfactory, but if the City's improvements specified in its water improvement plans which are now before the Public Service Commission for rate increase were pursued, the City may have sufficient storage and distribution for these as well as other annexations. The last point brought up by Jim Cummings was the fact that the City cannot sit still in the case of trying to improve the water system because it is a never ending program which the City of Bozeman must continue to pursue. To answer fub Planalp's question, Mr. Cummings commented that with the proposed improve- ments and the water rights, the City is attempting to transfer from winter to year around use, the City will have enough water to meet the 1990 projected population for the City of Bozeman. In regard to former annexations and the Allison annexation, Mr. Cummings agreed with Mr. Swanson's approach in that perhaps the City should be under the gun and should ask the Public Service Commission if they have an emergency procedure by which the City can apply for a rate increase which is not as sophisticated and complicated as a general rate increase hearing. The City Manager said all of these things are very speculative. The application has not been presented to the Public Service Commission. The City doesn't know whether the Public Service Commission will grant the City everything they have asked for, or if they have ever granted anyone everything they have asked for. Although the City has not had an adjustment in their water rates for twenty-one years, and are certainly justified to receive an adjust- ment, the Public Service Commission still may not act in their favor. The City Manager sug- gested that the City not annex any property into the City until there has been a decision on the water rate increase, or water rights transfer, or both. The City Manager suggested that the hearing be continued until after the hearing with the protestors on Thursday to see what happens and how it will bear on the subject in question. The City Engineer said he was neither for or against the annexation. He said his main concern was the water situation. He said if the water is not stored then the City is talking about the use of the water that comes down the creek. He further stated that if there is a serious problem then it should be resolved before taking on additional responsibilities. The City Manager advised the Commission that the hearing could be closed and the twenty day period commenced or the hearing could be continued until next week. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission continue the hearing for a period of one week for further information. 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, I none. Decision - Jahnke Annexation (Valley Unit Development) I The City Manager advised the Commission that a statement has been submitted by the staff, suggesting that the Jahnke Annexation be delayed until the City resolves the water rights trans- fer and original filing. He stated this may not be very long, since a meeting is scheduled for Thursday of this week. The water rates are to take care of improvements to the existing system, to serve present needs; water rights are to take care of some existing needs, but promarily will provide for future demands. The two subjects are obviously somewhat related, but one deals more with the present while the other deals primarily with the future. Attorney Sabol, representing owners of the Jahnke property, was present to further discuss the proposed annexation. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the dec- ision on the Jahnke Annexation be delayed for a perio of one week. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Van- deventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Decision - Sign Variance request - corner of Griffin Drive (Pump-n-Pak) The request of Galen L. Bykonen, owner of Pump-n-Pak, for a Sign Variance, was brought back to the Commission for a decision. The signs which the petitioner hopes to legalize by the variance request presently before the Commission are already up and in place. There can be no claim of hardship regarding those J4G signs. It would seem logical that the Commission require compliance with the original con- ditions, before legalizing signs which are already in place. The Planning Director recommended that the applicant: 1) remove all non-conforming signs from the premises, 2) satisfy all conditions as required by the City Commission in its approval for this use, and 3) subsequently to appear before the City Commission and request whatever modifications to the original conditions the applicant wishes. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner vollmer, that the Commission adhere to all the conditions originally attached to the Condition- al Use Permit as outlined below before taking any action on Mr. Bykonen's present sign variance request. These conditions shall be satisfied within ninety (90) days from this date, and all non-conforming signs shall be removed from the applicants premises if these conditions are not satisfied. 1. The development be dictated by the site plan locating the building in the southwest corner and having perpendicular accesses. 2. That seventy-five percent of the total yard areas be landscaped with vegetative material (grass, shrubs, trees), to specifically include a minimum of two (2) (minimum inch caliber) trees per street frontage. 3. Signing be limited to the following: a) One (l) free-standing sign having a maximum height of forty (40) feet and a sign area of eighty (80) square feet. b) One (1) flush-mounted building sign having a sign area, of fifty (50) square feet. Said sign shall not exceed the height of the building. c) No flashing, blinking or animated signs shall be permitted. d) No directory sign shall exceed five (5) square feet in size. 4. A four (4) foot high minimum screening fence to be constructed along the eastern property line for the distance of the six (6) parking spaces. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Preliminary Floor Plan - Library Commissioner MacNab, along with the other members of the Library Board's Building Com- mittee considered the preliminary design of the new library, at its meeting last Thursday. Architect George Mattson displayed and explained the plans for the building design. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve the preliminary plans as presented. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Kagy Blvd - status and consideration of recommendation from Technical Advisory Committee The City Manager reported on a negotiating session conducted the previous evening by the Concerned Citizens Forum. This was the third in a series of meetings to negotiate this matter, and to attempt to compromise the expandable two-lane floormat preferred by the City Commission and the two-land roadway preferred by the Concerned Citizens Forum. The City Manager indicated he was delighted to report that a break-through had been achieved. One of the two negotiating, representing the Concerned Citizens Forum, had suggested the in- stallation of curb extensions at the various intersections. These would extend 8' from the curb and cover, protect, and define the bicycle paths. The curb extension would also require a greater physical effort to extned the roadway to a full four-lane at any time in the future. The City Manager requested that the Commission acknowledge their compromise. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion accept the compromise without further action, as presented by Kenneth Tiahart of the Con- cerned Citizens Forum, at a meeting held the previous evening. 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. Acknowledgement of minutes - public hearing and approval of Montana Bank Industrial Revenue Bonds I I I .', , u4 I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge the minutes and the resolutions of the public hearing and approval of the Montana Bank Industrial Revenue Bonds, and the Mayor and Clerk of the Commission be directed and instructed 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, Commissioner MacNab, and Mayor Sedivy, those voting No, none. c~raffic and Parking revisions a) Making Beall Street thru street from No. Seventh to No. Willson A sign is posted on the west side of North Seventh Avenue and West Beall Street indicating the direction to the Deaconess Hospital. However, when one turns left on Beall Street toward the hospital, it is not a through street to the hospital, nor does it have the right-of~way at these various intersections. This is quite hazardous for the ambulance, and for persons hastening to the hospital under emergency situations. Therefore, the City Manager suggested that Beall Street be given the right-of-way, from North Seventh to Willson and requested that stop signs be erected at the intersections of North Fifth, North Third, and North Grand Avenue. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Beall Street be designated as a through street and stop signs be erected at the intersections of North Fifth, North Third, and North Grand. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. b) Restrict parking on south side of West Beall betweeen North Willson and North Tracy Avenue I It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission restrict parking on the south side of W. Beall Street between North Willson and North Tracy Avenue to allow for an emergency entrance, delivery side, and unloading area for people delivering out-patients or persons wishing to enter the hospital. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioenr Swanson and Mayor Sedviy, those voting No, none. c & d) Parallel parking only on the south side of Aspen Street - west of North Seventh and no parking at all on the north side of Aspen St. - west of North Seventh Ave. The City Manager recommended that the Commission approve parallel parking on the south side of Aspen Street west of North Seventh Avenue and that no parking be allowed on the north side of Aspen Street west of North Seventh Avenue. Since the Greyhound bus station has moved to the North Seventh location, this is the means by which buses exit the station and enter upon North Seventh. If the buses cannot negotiate this short segment of public right-of-way, it obviously presents a problem. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion approve parallel parking on the south side of Aspen Street west of North Seventh Avenue, and that no parking be allowed on the north side of Aspen Street west of North Seventh Avenue. 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. Commission Resolution No. 2104 - Revolving acct to the extent funds are available - SID 608 I Commission Resolution No. 2104 setting out that the City Commission undertakes and agrees to issue orders annually authorizing loans or advance from the revolving account to the extent funds are available for SID 608 was presented, entitled: COMMISSION RESOLUTION NO. 2104 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTHORIZING LOANS OR ADVANCE FROM THE REVOLVING ACCOUNT TO THE EXTENT FUNDS ARE AVAILABLE AND TO PROVIDE FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion pass and adopt Commission Resolution No. 2104. The motion was carried by the following I 348 Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Application for raffle license - Big Sky Reading Council - October 19 The City Manager presented an application from Big Sky Reading Council along with the appropriate fee for the purpose of holding a raffle on October 15, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, 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 Vande- venter, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I Fund Drive - Office Education Association, Future Secretaries Association DECA, and Pi Omega Pi - sell Halloween candy on October 22, 1979 A letter received from the OEA, DECA, FSA, and Pi Omega Pi, requesting permission to conduct a fund drive within the City Limits on October 22, 1979, was presented. They request permission to sell bags of halloween candy between the hours of 6:00 and 10:00 o'clock p.m. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission grant the OEA, DECA, FSA, AND Pi Omega Pi permission to conduct the fund drive on October 22, 1979 and direct the City Attorney to draw up an ordinance setting guidelines for aoor-to-door solicitation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson and Mayor Sedivy, those voting No, being Commissioner Vollmer. Reports - Fire Department - Director of Public Service for July and August The City Manager presented the report of the Fire Department for September and the Dir- ector of Public Service for July and August for acknowledgement and filing on Wednesday, Oct- ober 24,l979. Adjournment I There being no further business to come before the City Commission, it was moved by Commissioner Vollmer, 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 Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. ~// /,:~:"~5:"3/.'." /....' ......... L..C.." ,- /' .-"".-:11'._ ~:_ ( DMUND ATTEST: COMMISSION