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HomeMy WebLinkAbout1980-03-19 I~ 70 Bozeman, Montana March 19, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 19, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 12, 1980 were approved as submitted. Continued hearing - Commission Resolution No. 2163 - Paving on W. Villard Street - SID 606 Having continued the hearing on Commission Resolution No. 2163, SID 606, paving on West Villard Street, for a period of one week, it was again brought before the Commission. A memorandum received from Paul Bolton, Director of Planning, was read as set forth in full: If the same income guidelines are used to assess the incomes of residents owning property on Villard (from Grand to Willson) as those used for qualifying for the rehabilitation program - it does not appear that any of the residents on Villard could be considered "low and moderate" income. We would therefore resist the use of the $25,000 amended in the 1976 grant budget to cover any subsidy for paving since the residents do not fit the low income category. We are hesitant to make any commitment of such funds pending a decision in writing from HUD as to what they would suggest be done in this situation. The properties have changed hands since the original decision was made to follow such a plan. The stated policy of HUD is that 51% of the resi- dents should be low and moderate income for street improvements to be assisted by grant funds. Our reluctance to authorize any funding is encouraged to avoid any liability for the City for misuse of grant funds. Contact with HUD on this date reveals the impossibility of using any grant funds in the paving of Villard since the residents or rather property owners do not fit Section 8 guidelines. The City Manager advised the Commission that the project was originally scheduled for I paving, using Community Development Block Grant funds. The funds were to subsidize low- and moderate-income families who would be assessed, but whose limited financial status would have prohibited the project without the subsidy. Only those of low- and moderate-income were to qualify for the subsidy; others would pay the normal amount. Criteria to determine eligibility as low- and moderate-income would be the same as for the rehabilitation program also funded with DCBG monies. The City Manager recommended that the hearing be continued until written confirmation has been received from HUD. The Mayor said the hearing will be continued for a minimum period of one week, and perhaps two. Public hearing - Commission Resolution No. 2165 - SID 605 - Paving and Storm Drain - Graf's Fi rst Additi on This was the time and place set in Commission Resolution No. 2165, to hear the protests to the creation of Special Improvement District No. 605, paving and storm drain construction on Kenyon, Baxter, Chambers, and O'Connell Drives, all in Graf's First Addition. Affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law were presented. There were no written protests on file and no one appeared to protest verbally. A letter received from Peter Townes, M.D., owner of Lot 9, Block 5, Grafls First Addition, supporting the Special Improvement District, was read. The Mayor declared the public hearing closed. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that a decision, and a resolution creating Special Improvement District No. 605 be forthcoming on Wednesday, March 26, 1980. 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. I, ""\' 0' J '~:. I J. Decision - Conditional Use Permit - Steve Houser - construct building - 1025 Story Mill Road The decision on the request of Steve Houser for a Conditional Use Permit, having been delayed for a period of one week, was brought before the Commission for a decision. Following discussion, the Commission concurred with the recomm~ndation of the Bozeman Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for,a I Conditional Use Permit subject to the site plan submitted as part of the application and subject to the following conditions. l. The typical curb detail and the note explaining the concrete walk details need to revise the height dimension of the curb and walk from 4" to 6" in order to provide an effective curb. 2. A more specific common name for the "pines" needs to be provided on the final site plan. 3. More specific method of irrigating landscaped area north of driveway entrance needs to be shown. 4. All on-site improvements (i.e., structures, paving, landscaping, etc.) shown on the submitted site plan shall be completed by December 31, 1981. 5. Three (3) copies of a final site plan containing all conditions, correc- tions and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the applicant. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Decision - Zone ~1ap Change - Bob Braun - from AS to r1-1 property southeast of Idaho Pole business and Bohart Lane I The decision on Bob Braun's request for a Zone Map Change from AS to M-1, having been delayed for a period of one week, was brought before the Commission. The City Manager and members of the Commission visited the site in question and discussed the matter with staff members. Commissioner Stiff said his only concern is the precedent, and what will happen in the future. Commissioner Mathre opposed the Zone Map Change. She feels that it is spot zoning and she does not like to see that type of zoning established. The City Manager recommended that the property be zoned M-1 with the "T" designation, and that the fee for a Conditional Use Permit be waived. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Zone Map Change from AS to M-1 with the "T" designation, and that the Commission waive the conditional use permit fees for Mr. Braun. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Vollmer, and Mayor MacNab; those voting No being Commissioner Mathre. Decision - Zone Map Change - Ken Spain & Kent Wilson - from R-4 to B-2-T - Lots 11-18, Block 5 Springbrook Addition Following a weeks delay, the request of Ken Spain & Kent Wilson was brought before the Commission for a decision. The applicants seek a change to the City's Official Zoning Map, which if granted, would change the zoning classification from R-4 to B-2-T on Lots 11 through 18, Block 5 Springbrook I Add iti on. A petition signed by Jo and Ziegler, Evelyn and Oliver Dahl, Laura and Robert Kovash, Mr. & Mrs. John Jacobs, Mr. & Mrs. Carl F. Martin, and Sigrid and Donald Cox, withdrawing their objections to the Zone Map Change, was presented. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Zone Map Change from R-4 to B-2-T as requested by Ken Spain and Kent Wilson. The motion was carried by the following Aye and No vote: those voting Aye being ", 1172 Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. The Commission instructed the City staff to inform the Christian Center Church that September 1, 1980 would be the last day of their final variance to operate a school at 921 West Mendenhall. Green Tree Apartments I Two weeks ago the City Manager had forwarded a proposal from the Mountain Plains Develop- ment Associates whose principal spokesman is James P. Towmey. This proposal suggests that the City act as a pass-through agent between the U.S. Department of Housing and Urban Develop- ment (HUD), and Mountain Plains Development Associates, involving the disposition of Green Tree Apartments. By this procedure, the City of Bozeman would acquire the Green Tree Apart- ments from HUD. Ownership would vest in the City only long enough to designate a percentage of the apartments for low and moderate income families. Once that is accomplished, the City would immediately transfer ownership to the Mountain Plains Development Associates. The number of units designated low and moderate income would remain in effect thereafter. The City Manager reported that his conversation with HUD personnel indicated that their preference at this time was for an open market sale. The City Manager felt that such an open market sale should be given a chance. Should it fail, the above pass-through arrangement could always be implemented. NOTE: A second aspect of Mr. Towmey's proposal requested that the City endorse a tax-free Industrial Develop- ment Revenue bond issue by Mountain Plains Development Associates, for their acquisition of Green Tree Apartments. This request for endorsement was withdrawn by Mr. Towmey at the meet- i ng. FOllowing discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the City Commission accept the City Manager's suggestion, to allow HUD to place this prop- erty on the auction block, and make it available to anyone interested and in that way no one would be deprived the opportunity to bid. The motion was carried by the following Aye and No I vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Ordinance No. 1053 - Annex Town Pump containing approximately 1.16 acres Ordinance No. 1053 annexing a tract of land containing approximately 1.16 acres and known as the Town Pump property, as prepared by the City Attorney, was presented, entitled: ORDINANCE NO. 1053 AN ORDINANCE ANNEXING CERTAIN DESCRIBED LANDS CONTIGUOUS TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Ordinance No. 1053 to become effective April 18, 1980, be passed and adopted. 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. Commission Resolution No. 2169 - Intent to Annex - Gallatin Veterinary & Credit Union - public hearing April 23, 1980 Commission Resolution No. 2169 declaring it to be the intent to annex a tract of land in the Southeast Quarter of the Southwest Quarter of Section 11, T2S, R5E, M.P.M., and containing approximately 1.83 acres, and owned by Gallatin Veterinary and the Credit Union, was presented, entitled: COMMISSION RESOLUTION NO. 2169 A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE I INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED AND TO BE KNOWN AS THE GALLATIN VETERINARY AND CREDIT UNION ANNEXATION TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CON- TIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. ",. ,. ift~ It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2169, as prepared by the City Attorney be passed and adopted, and Wednesday, April 23, 1980 be the date set for public hearing. The motion was 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. I Commission Resolution No. 2170 - Authorize loans or advances from revolving account to the extent funds are available by making tax levy - SID 611 Commission Resolution No. 2170 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 No. 611 was presented, entitled: COMMISSION RESOLUTION NO. 2170 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, 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 AVAIL- ABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission pass and adopt Commission Resolution No. 2170. 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. 2171 - Authorize loans or advances from revolving account to the extent funds are available by making tax levy - SID 613 Commission Resolution No. 2171 setting out that the City Commission undertakes and agrees to issue orders annually authorizing loans or advance from the revolving account to extent funds are available for SID No. 613 was presented, entitled: COMMISSION RESOLUTION NO. 2171 I A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, 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 AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission pass and adopt Commission Resolution No. 2171. 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. M.S.U. Athletic Scholarship Association - Bobcat Booster Banner across Main Street - March 28th to April 4th A letter and good faith deposit check in the amount of $25.00 to cover the installation of the Bobcat Booster Banner at the intersection of Main Street and Black Avenue, from the Athletic Scholarship Association, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the M.S.U. Athletic Scholarship Association be granted permission to install the Bobcat Booster Banner across Main Street for the week of March 28th to April 4th, and that the check be returned to the Association if the banner is removed within the specified time. 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. Discussion re mill levy proposal(s) to support City operations 1980-1981 A short discussion was held on the proposed mill levies to sustain operations during the I coming 1980-1981 fiscal year. Several options were outlined which would give the voters a choice of more than one mill levy. The staff recommended that further discussion be held on the proposed mill levies on Wednesday, March 26, 1980. Report - Seminar held in Washington D.C. - March 16, 17 & 18 - Mayor MacNab Mayor MacNab gave a short report in connection with the Seminar held in WaShington, D.C., March 16-18, 1980. 't 7 J-J,. Accept & File reports - Building Inspector - Broad Valleys Federation of Libraries The City Manager commented on the report of the Building Inspector and the Broad Valleys Federation of Libraries and recommended they be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, I 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, to adjourn the meeting. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner ~1at and Mayor MacNab; those voting No, none. DUNCAN S. MACNAB, Mayor ATTEST: ~~4/ pi ff~ci ERNA V. HARDING, - Clerk of the City Commission I . I