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HomeMy WebLinkAbout1980-01-30 !:,3 ? , "- Bozeman, Montana January 30, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 30, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City I Manager Gesko, City Attorney Planalp and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, January 23, 1980 were approved as submitted. Continued hearing - Zone Map Change from AS to M-l, John Mandeville - 13 acres west of and adjacent to Burlington Northern Railroad and southwest of U.S. #10 The pUblic hearing on the request of John Mandeville for a zone map change from AS to M-1, having been continued on December 21, 1979, was again presented. The applicant seeks an amendment to the City's Official Zoning Map on approximately 10 acres located west of an adjacent to the Burlington Northern Railroad and southwest of U.S. Highway No. 10. The proposed zoning, if approved, would reclassify the existing AS zoning to M-l. The Planning Director presented the staff report, which recommended approval of the proposed zone map change with conditions. The major issues associated with this change in zoning classification appear to be: Impact on City-County services Reasonableness of the present zoning as applied to land Suitability/Applicability vs. the requested zoning I Prematurely changing zoning so as to conflict with potential City expansion, particularly when City services could, or are planned to be extended to this area would not be advisable. The area in question is highly visable as a major entryway to Bozeman and therefore, future development should be guided by environmental and architectural criteria that propose aestheti- cally-pleasing projects. The most appropriate mechanism at this time to achieve these objectives is the attachment of a "T" designation would provide for aesthetic safeguards for any uses located in that area. The condition of a submittal of waiver of protest for annexation would provide for City expansion into that area. The elimination of certain uses as recommended by the staff would further insure an aesthetic entryway into Bozeman. The Planning Director mentioned that the City Attorney has stated that those suggested conditions are permitted. John Mandeville appeared before the Commission to discuss the proposed change. He requested that the "T" Transitional designation not be attached to the Zone Map Change. He fe lt it was too expensive and not necessary since this is not a main entrance to the City. He further felt it not necessary as the architects have the say on building designs. Mr. Mandeville recommended that the ten acres be zoned M-1 without the "T" designation. He also did not want certain uses, I as recommended by the staff, eliminated from this district. He said this would hamper future development of this property. There being no one else present to discuss the Zone Map Change, the Mayor declared the hearing closed, and a decision will be forthcoming on Wednesday, February 6, 1980. " 0'\ ':0..:'; Public hearing - Zone Map Change AS to RS-1, Michael Nash - 16 acres bounded by I-90 on the North, Sunset Heights Subdivision on the West, and Clover Meadows Subdivision on the South This was the time and place set to consider the request of Mike Nash for a Zone Map Change from AS to RS-1. The applicant seeks a change to the City's official zoning map, which if granted, would I change the zoning classification from AS to RS-1 on approximately sixteen acres bounded by I-90 on the North, Sunset Heights Subdivision on the West, and Clover Meadows Subdivision on the South. The Planning Director summarized the staff report which recommended approval of this par- ticular application. Mr. Nash was not present for the meeting. After considerable discussion, the publiC hearing was continued for a period of one week. Public hearing - Zone Map Change RS-l to R-2, Eugene Graf - 17.295 acres adjacent to and north of Graf's 1st Addition and west of and adjacent to the New Hyalite View Subdivision This was the time and place set to consider the request of Eugene Graf for a Zone r1ap Change from RS-1 to R-2. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately seventeen and one quarter acres from RS-1 to R-2. The property is adjacent to and north of Graf's 1st Additions and west of and adjacent to the New Hyalite View Subdivision. The applicant seeks the zone map change to create a residential subdivision on the property. I The City plans to erect a ground-level two-mill ion-gallon water storage tank within the property presently proposed for this R-2 designation. The Planning Director summarized the Staff report which recommended approval of the pro- posed zone map change. The zoning will be contingent upon the annexation of the property. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, February 6, 1980. Public hearing - Zone Map Change AS to R-2 & R-3. Eugene Graf - 34 acres south of Summit Engineering & west of and adjacent to Figgins Addition This was the time and place set for the public hearing to hear the request of Eugene Graf for a Zone Map change from AS to R-2 & R-3. The applicant seeks a change to the City's Official Zoning Map, which if granted, would change the zoning classification on approximately thirty four acres. Said area is located south of Summit Engineering approximately twelve hundred feet and east of and adjacent to Figgins Addition. On November. 21, 1979, the property was approved for annexati on to the City of Bozeman, effective April 1, 1980. The total area approved for annexation was 120 acres. I The Planning Director summarized the Staff Report which recommended approval of the pro- posed zone map change based upon the finding and conclusions presented in the staff report and the information contained in the Allison Annexation report and supplements. The City Manager advised the Commission that some objection was voiced to the R-3 designa- tion, particularly in the northernmost portions of the area to be developed. Concern was also indicated for access through the Figgins Subdivision to this property, from South Third AVenue. . 1.\ 3~. Some suggestions were made which would require the development of South Eleventh Avenue and South Seventh Avenue into the subdivision, which would minimize or alleviate the traffic utilizing the Figgins Addition for access and egress. The Planning Director said another application for the entire 121 acres, not just the 34 acres as are covered by this public hearing, has been submitted. I The City Attorney asked if the request for the Zone Map Change on the 34 acres would be withdrawn. The Planning Director thinks it probably will. The public hearing was con- tinued. Public hearing - Zone Map Change R-4 to RO, Ken Spain - Block 5 Springbrook Addition. Bounded by W. Mendenhall & Lamme, No. 10th and 11th. This was the time and place set for the pUblic hearing to consider Ken Spain's request for a Zone Map Change from R-4 to RO. The applicant seeks a change to the City's Official Zoning Map, which if granted, would change the zoning classification from R-4 to RO on Block 5 of the Springbrook Addition. The area is bound by West Mendenhall and Lamme Streets and North 10th and North 11th Avenues. The existing medical/dental office in the newly constructed building at the corner of 11th Avenue and Mendenhall Street is the only non single-family structure in the area being proposed for the zone map change. The applicant seeks the zone map change so that other medical offices could be used within the existing building. The Planning Director summarized the staff report and advised the Commission the appli- cation had been withdrawn. I Several property owners were present in regard to the Zone Map change in that area. Thomas, Dean & Hoskins - presentation of proposed water rates Mr. T. H. Thomas of Thomas, Dean & Hoskins appeared before the Commission to explain the City of Bozeman Water Rate Evaluation which they prepared. Mr. Thomas advised the Commission the major causes of the higher rate are summarized as follows: l- Ouring the past two years, revenues have acutally dropped while expenses have taken a substantial increase. 2. Inflation has increased the estimated cost construction 3. Additional improvements should be considered for the Mystic Lake Dam based on the Corps of Engineer report. 4. Bonds must be sold to provide bond reserve funds to make the issue marketable. 5. The current interest rate for the proposed bond issue is considerably higher than was required in 1977. The extent of the increases in each of these areas is discussed in more detail in this report. Mr. Thomas said Table 1, as set forth in full, has been prepared to show the proposed capital improvement program. This table shows the estimated construction amounts for each I item in 1977 and the current estimated construction amounts. ('~ ,... ,..~' v ;:! TABLE 1 BOZEMAN WATER RATE STUDY CAPITAL IMPROVEMENT PROGRAM January 14, 1980 CURRENT 1977 I l. Sourdough - 30" Tansmission $1,181,500 $ 802,000 2. 10 MGD Treatment Plant 1,750,000 1,320,000 3. Garfield - 14" Trunk and 2 MG Storage 558,500 472,000 4. 12" Main on Oak from Rouse to 5th Avenue 110,000 82,000 5. 10" Main on Durston as needed between 7th and 19th Avenue 65,500 47,000 6. 24" Trunk Main from the transmission coming into town westerly to 19th Street with 12" feeder main extend- ing from this main northerly on 11th Avenue and a 14" on 19th Avenue 807,500 670,000 7. Improvement to Mystic Lake Dam 450,000 102,000 8. 10" Main on Durston from 19th to 23rd, and 12" on 23rd from Durston to Main Street 133,000 95,000 Tota 1 $5,056,000 $3,700,000 Existing Bond Refund 220,000 270,000 Increase Bond Reserves 274,000 None I $5,550,000 $3,970,000 The existing Meter Water Rate for the first 500 cubic feet is $2.75 per month and the proposed rate is $6.25 for the first 500 cubic feet. The existing irrigation through meters during May, June, July, August, and September is 12 cents per 100 cubic feet for all water used in excess of the average amount used during the non-irrigating months. This is for residences only. They have proposed that no discount will be given for irrigation during the summer months. Table, 3 as set forth in full, has been prepared to summarize the increased projected revenue requirements as projected in 1977 and as currently projected. TABLE 3 1977 CURRENT % SUMMARY OF INCREASES PROJECTIONS PROJECTIONS INCREASE Maintenance & Operation $ 231,000 $ 394,200 70.6 New Plant 55,000 69,800 25.8 TOTALS $ 285,000 $ 464,000 62.8 BOND ISSUE 3,970,000 5,550,000 39.8 I Bond Payment (Including 124% debt service) $ 443,000 $ 723,000 63.2 Revenue required from water sales $ 724,500 $ 1,184,000 63.4 Mr. Thomas said all of the improvements, except those on the Mystic Lake Dam, were known to be needed in 1977, when his firm was preparing the report then proposed for a proposed rate increase. However, the deficit of November 1978 put a halt to a PSC hearing. Since then -----~---- L~ 16 .V the improvements have inflated from $3.7 million to a $5.1 million figure. Mr. Thomas further stated II every thing keeps compounding" which makes it necessary for the City Commission to act quickly on the rate schedule. If a hearing date is not set soon with the PSC, this fiscal year will end, thus making it necessary for another audit report to be prepared before the City appears before the PSC in the next fiscal year. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Thomas, Dean and Hoskins finalize the rate schedule for the Public Service Commission application based on I the charges on Table No.1. 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. There will be two informational meetings held in conjunction with the Commission meetings during the time it takes Thomas, Dean, and Hoskins to finalize and prepare their schedule. Acknowledgement of extended deadline date for University Square Shopping Center The final plans to have been filed with the Planning Office in connection with the Univer- sity Square Shopping Center have not as yet been received. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission extend the deadline date for one final week. 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. Fillbach - Placement of mobile home on residential lot Mr. Fillbach's request to place a mobile home on the property located on the east side of Story Mill Road, on the way to the landfill, was again brought before the Commission. The Planning Director advised the Commission that Mobile homes are not a permitted use in the A-S Zoning district. The Bozeman Zoning Code permits mobile homes only in mobile home parks or mobile home subdivisions within an R-MH district. The Planning Director said Mr. Fillbach's request violated the Zoning Code in the following I two respects: 1. Mobile homes are not recognized in the Zoning Code for use on individual parcels as is being requested by Mr. Fillbach. Mobile homes are permitted only in mobile home parks and mobile home subdivisions. 2. The A-S zoning district limits density to one dwelling unit per ten acres. The Planning Director said two principle residential structures exist on the Fillbach par- cel. Therefore, the existing units on the ten acre parcel are already in violation. The Planning Director recommended that rather than handle each request of this type on a case by case basis, a better approach may be to include specific criteria on these matters within the Zoning Code. This recommendation would promote greater equity and consistency in reaching decisions on these matters. Gary Higgins, representative for Mr. Fillbach was present to explain the area in question. Mr. Fillbach, owner of the property was also present. Following considerable discussion, the Commission delayed action on the request for a period of one week for an on the site inspection. Montana Bank - re vacation of alley The Montana Bank has requested vacation of the alley which runs between Grand and Third Avenue, parallel to Main and Mendenhall Street. At present there is a storm sewer drain run- ning beneath this alley, which surely cannot be vacated. The alley could be closed, so long as no structure ever were placed over the present alley right-of-way. Such a reservation might also include air space to a certain height, again insuring that the proper equipment I could gain access to the utility line if needed. The City Engineer and the Street Superintendent discussed the problems of vacating or closing the alley and either way it would require an easement or agreement regarding the access to the20-inchstorm sewer line. They indicated they would like to review the proposed building and would be in a better position to evaluate the problems to city utilities after- wards. It would then come back to the Commission for' action. t",. -.. ';'v i Report dealing with building permit fees. The building permit fees were again placed on the agenda for discussion. Clair Daines, president of the Home Builders Association, appeared to discuss the fees and advise the Commission that he was not in favor of some of the increases. Following discussion, the Commission advised Mr. Daines that the fees are in effect, I having been adopted when the Commission approved the revised, up-dated version of the Building Code in October of 1979. Decision - Annexation of Buronepe property The Buronepe property annexation hearing was held on January 2, 1980, and any action was deferred for a period of at least twenty days, for comments for or against the proposed annexa- tion. There were no written protests on file and no one appeared to protest verbally. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commis- sion apProve the extension of the boundaries of the City of Bozeman to include the Buronepe property and the City Attorney be instructed and directed to draw up an ordinance to be brought in for action on Wednesday, February 6, 1980. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Decision - Annexation of Stratford property The Stratford property annexation hearing was held on January 2, 1980, and any action was deferred for a period of at least twenty days, for comments for or against the proposed annexation. There were no written protests on file and no one appeared to protest verbally. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commis- sion approve the extension of the boundaries of the City of Bozeman to include the Stratford I property and instruct the City Attorney to draw up an ordinance to be brought in for action on Wednesday, February 6, 1980. 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. Commission consideration - Committee members for Housing Rehabilitation Program The Planning Director submitted a slate of members for the Citizen Advisory Committee and a slate of members for the Housing Rehabilitation Loan Committee on January 17, 1980. The City Manager requested consideration of the two committees since the City will be unable to approve Loan No.1 until an official committee exists to approve such loans. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the two pro- posed slates of members be approved as presented. 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. Commission Resolution No. 2162 - requesting County contribution library operation The City Manager drafted a resolution requesting annual County financial contribution to the operation of the Bozeman Public Library, entitled: COMMISSION RESOLUTION NO. 2162 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REQUESTING THAT GALLATIN COUNTY COMMIT FUNDS ON AN ANNUAL BASIS FOR OPERATION AND MAINTENANCE OF THE BOZEMAN MUNICIPAL LIBRARY. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission I Resolution No. 2162 requesting that the Gallatin County commit funds on an annual basis for operation and maintenance of the Bozeman Municipal Library be passed and adopted. 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. Commission Resolution No. 2161 - Setting date for New Library Bond Sale - March 26, 1980 Commission Resolution No. 2161, providing for the issuance of General Municipal Obligation J: 3 8 Bonds of the City of Bozeman in an amount not to exceed $1,460,000, establiShing the maximum rate of interest said Bonds shall bear, the date of said bonds, and the periOd of time they shall be payable, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2161 PROVIDING FOR THE ISSUANCE OF GENERAL MUNICIPAL OBLIGATIONS BONDS OF THE CITY OF BOZEMAN IN AN AMOUNT NOT TO EXCEED $1,460,000.00 ESTABLISHING I THE MAXIMUM RATE OF INTEREST SAID BONDS SHALL BEAR, THE DATE OF SAID BONDS, AND THE PERIOD OF TIME THEY SHALL BE PAYABLE, AND PROVIDING THAT ANY OF SAID BONDS SHALL BE REDEEMED IN FULL AT THE OPTION OF THE CITY OF BOZEMAN ON ANY INTEREST PAYMENT DATE FROM AND AFTER FIVE YEARS FROM THE DATE OF ISSUANCE, PROVIDING FOR THE MANNER OF THE ISSUANCE OF SAID BONDS AND PROVIDING THAT PREFERENCE SHALL BE GIVEN TO AMORTIZATION BONDS, BUT PERMITTED TO DENOMINATION OF SERIAL BONDS IN CASE IT SHALL BE ADVANTAGEOUS TO ISSUE BONDS IN THAT FORM, AND PROVIDING THE FORM OF NOTICE OF THE SALE OF SAID BONDS. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commis- sion Resolution No. 2161 be passed and adopted and the date for the bond sale be set for Wednesday, March 26, 1980 at 1:15 o'clock p.m. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Appointments - Parking Commission Liaison - Judith Mathre to June 30, 1980 Senior Citizens Advisory Group Alternate - Alfred Stiff Mayor MacNab announced his appointment of Alfred Stiff as an alternate on the Senior Citizens Advisory Group, and the appointment of Judith Mathre as Liaison to the Parking Commission effective January 7, 1980. Mrs. Mathre replaces retired Commissioner Milt Vandeventer to June 30, 1980. Mr. Stiff replaces retired Mayor Sedivy. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commis- sion concur in the Mayor's appointments. The motion was 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 Proclamation - Hearts Week - February 10-16, 1980 Mayor MacNab prOClaimed the week of February 10-16, 1980 as "Hearts Week" in the City of Bozeman and called upon all citizens of Bozeman to join in encouraging productive school and community citizenship by supporting the Worthy Student Scholarship Fund during II Hearts Week. II 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. Claims The Payroll and general claims for the month of January 1980 were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue the warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the claims. 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. Report - Director of Public Service for December 1979 The report of the Director of Public Service was presented for acknowledgement and filing I on Wednesday, February 6, 1980. Absence of City Attorney Planalp It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that City Attorney Bob Planalp be excused from the meeting of February 6, 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. , ') i"l. ~0~ Payment of Valley View Judgment in the amount of $6,500.00 The City Manager requested authorization to pay a Valley View Judgment claim in the amount of $6,500.00. Adjournment There being no further business to come before the Commission, it was moved by Commis- I sioner Swanson, seconded by Commissioner Mathre, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff d Mayor MacNab; those voting No, none. ATTEST: ek~//~~ ERNA V. HARDING' Clerk of the City Commission I I