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HomeMy WebLinkAbout1980-04-02 li80 Bozeman, r10ntana April 2, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Munici- pal Building, April 2, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Voll- mer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 26, 1980 were approved as submitted. Fiftieth Montana State Women's Bowling Tournament - permission to hang banner across Main Street - welcoming Women Bowlers -April 7 - June 1 A letter received from Sally Johnston, President of the Bozeman Women's Bowling Association, requesting permission to hang a banner welcoming the women bowlers to Bozeman to attend the Fifti- eth Montana State Women's Bowling Tournament, was presented. The banner shall be in place the week of April 7 through the week of June 1, 1980. In the event another banner is to be hung, the Montana Power Company will remove the banner belonging to the Bowling Association and replace it with the other banner. The Montana Power Company will remove the other banner when the function is over and again hang the banner welcoming the women bowlers to Bozeman. The City Manager recommended that the Commission approve the request to hang the banner across Main Street. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request to hang the banner across Main Street, effective April 7 through June 1, 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. Public hearing - Zone Map Change - Ramon White, et.al.-reclassif~ zoning on approximately 75 I acres from AS to RS-2. Area west of & adjacent to Gooch Hill Roa & South of & adjacent to Aspen Basin Subdivision - to be continued This was the time and place set for a pUblic hearing to consider the request of Ramon White, et. a 1 . The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately 75 acres from AS to RS-2. The property is located west of and adja- cent to Gooch Hill Road and south of and adjacent to Aspen Basin Subdivision, approximately two miles west of the City of Bozeman. This item will be forwarded to the City-County Planning Board for their hearing on April 10 and to the Zoning Commission for their hearing on April 22, 1980. The Planning Director gave the background information on the request and recommended that the request for the Zone Map Change be continued until April 30, 1980. Public hearing - Zone Map Change - reclassify the zoning on approximately 23.9 acres fromRR to R-3. Area west of City limits approximately 1200' and south of and adjacent to Durston Road - Howard Barrick This was the time and place set for a public hearing to consider the request of Howard Barrick. The applicant seeks a change to the County's Official Zoning Map, which if granted, would reclassify the zoning on approximately 23.9 acres from RR to R-3. The Planning Director presented the staff report in depth which recommended either denial, approval, or conditionally approved with a "T" designation. The "T" designation would require all future uses in the site to be reviewed through the conditional process. This mechanism would help insure land use compatibility in the immediate neighborhood area. The staff recom- mended approval of the zone map change with the addition of a T-H zoning classification for the eastern parcel owned by Mr. Barrick exclusive of the Lachenmaier property conditioned upon the I successful annexation of the property to the City of Bozeman. Joe Sabol, representative of the applicants, pointed out that he and Paul Bolton reviewed the earlier Far West Annexation proposal. It appeared that the present zoning request seemed to be a logical, orderly addition to the City of Bozeman. He then read what the ;-ntent of the R-3 district is so that the public could understand it. Mr. Sabol said, that more importantly, consideration should be given to what should be done on this property now which presently lies .,1,,: <. .., '10J within County Zoning District #1. He mentioned that one adv~ntage of this property is that it has a trunk sewer going right through the middle of it and extending laterals. Mr. Sabol further explained that City water is also in close proximity without great expense; however, S.I.D. 's will have to be created sUbject to the annexation to provide water, sewer, and roads to individual lots. He stated there is an opportunity to create a medium density type resi- dential facility of a type which does not exist in this particular area but one that is cer- I tainly needed in the City of Bozeman. Based on the report and recommendation, Mr. Sabol respectively requested that the Commis- sion consider rezoning this property to R-3 from RR with a Townhouse overlay on the eastern one-third of the property subject to annexation of the property by the City Commission. Roger Smith of 2305 West Durston said he was not against the Zone Change but that he was concerned about who was going to maintain Durston Road. There being no one present to protest, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, April 9, 1980. Public hearing - Zone Map Change - reclassify the zoning on approximately .5 acres from RR to R-3. Area west of City limits approximately 1200' and south of and adjacent to Durston Road - Wayne Lachenmaier This was the time and place set for a public hearing to consider the request of Wayne Lachenmaier. The applicant seeks a change to the County's Official Zoning Map, which if granted, would reclassify the zoning on approximately .5 acres from RR to R-3. The Planning Director presented the staff report in depth which recommended either denial, approval, or conditionally approved with a "T" designation. The "T" designation would require all future uses in the site to be reviewed through the conditional process. This mechanism would help insure land use compatibility in the immediate neighborhood area. The staff recommen- ded approval of the zone map change subject to the property being annexed into the City. Wayne Lachenmaier advised the Commission that his property covers approximately one-half acre. I Joe Sabol pointed out that the hearing on the Zone Map Change for Wayne Lachenmaier is similar to that of Howard Barrick, and much of the report will not have to be repeated. There being no one present to protest, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, April 9, 1980. Public hearing - Zone Map Change - reclassify the zoning on 9.5 acres from RR to R-3. Area west of City limits approximately 1800' and north of and adjacent to Babcock Road - Lowell Curtis This was the time and place set for a public hearing to consider the request of Lowell Curtis. The applicant seeks a change to the County's Official Zoning Map, which if granted, would reclassify the zoning on approximately 9.5 acres from RR to R-3. The property is located west of the City limits approximately 1800' and north of and adjacent to Babcock Road. The Planning Director gave a summarized brief staff report which recommended either denial, approval, or conditionally approved with a "T" Transitional designation for the property in question. The "T" designation would require all future uses in the site to be reviewed through the conditional use process. This would help insure land use compatibility in the immediate neighborhood area. The staff recommended approval of the zone map change conditioned upon the successful annexa- tion of the property to the City of Bozeman. Joe Sabol, representative for the applicant, stated the same information previously stated in the earlier request applies also for this applicant. He feels that this request is a logi- cal extension of the already approved R-3 district of the Lachenmaier and Barrick properties. Mrs. Judith Worley who lives east of the property was concerned about paying for the improve- I ments and services with the surrounding area because they have already paid theirs. She was also concerned about the traffic in that area. Charles Sternhagen of 2629 W. Babcock wanted to know why there have been no permits issued in this area in the past few years and to inform the Commissioners that there is farming in the area, and horses being pastured in the area. Roger Smith said he is not in opposition to the development, but is concerned about the traffic in that area, and also the snow removal and maintenance. I, Q? 'f v ,,_ A petition signed by sixty-six property owners, protesting the zone change, was presented. Joe Sabol stated the rezoning is contingent upon the successful annexation of the prop- erty to the City of Bozeman. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, April 9, 1980. Public hearing - Zone Map Change - reclassify the zoning on 10.0 acres from RR to R-3. Area I west of City limits approximately 1800' & north of & adjacent to Babcock Road - Jessle Kunda This was the time and place set for a pUblic hearing to consider the request of Jessie Kunda. The applicant seeks a change to the County's Official Zoning Map, which if granted would reclassify the zoning on approximately 10 acres from RR to R-3. The Planning Director gave a brief staff report which recommended either denial, approval, or conditionally approved with a "T" Transitional designation for all or part of the property in question. The "T" designation would require all future uses in the site to be reviewed through conditional use process. This mechanism would help insure land use compatibility in the immediate neighborhood area. The staff recommended approval of the zone map change conditioned upon the successful annexation of the property to the City of Bozeman. Mr. Sabol, representative for the applicant, stated that the same information previously stated in the earlier request also applies to this request. Mrs. Judith Worley spoke in opposition to the zone map change. She was concerned about the traffic on Durston Road and also the parking situation. She felt that should be entirely residential area. Charles Sternhagen was present in regard to the area in question and to ask some questions. Roger Smith informed the Commission that he is not against the development, but is con- cerned about the traffic, parking and maintenance of the roads. The Commission acknowledged receipt of a petition, signed by 67 property owners opposing the change. I Mr. Sabol said that in regard to the petition dated April 2, 1980, a number of the people are somewhat removed from the property under consideration. Mr. Sabol advised the concerned citizens that he recognized their concern, but that the rezoning is contingent upon successful annexation of the property to the City of Bozeman. There being no further discussion, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, April 9, 1980. Public hearing Zone Map Change - reclassify the zoning on approximately 10 acres from RR to R-4. Property west of City limits approximately 1200' & south of & adjacent to Babcock Road - Gary & George Cook This was the time and place set for a pUblic hearing to consider the request of Gary & George Cook. The applicants seek a change to the County's Official Zoning Map, which if granted, would reclassify the zoning on approximately 10 acres from RR to R-4. The Planning Director presented the staff report which recommended either denial, approval, or conditionally approved with a "T" Transitional designation for all or part of the properties in question. The "T" designation would require all future uses in the site to be reviewed through the conditional process. This mechanism would help insure land use compatibility in the immediate neighborhood area. Joe Sabol, representative for the applicant, stated that this R-4 designation allows for apartments (medium-density). He said it was the discretion of himself and the applicants to have this parcel as R-4 because of its relationship with the commercial B-2-T district at the Main Mall which is located next to this proposed parcel. Mr. Sabol requested that the entire area be zoned R-4. I Mrs. Judith Worley told the commission that this property lies directly across the street from their residence and that she hoped that only residences would be built there. Her main concern was the traffic problem as well as the parking. Several other property owners were present in regard to the zone change. They were con- cerned with the traffic and parking in the area. I: I (. '~" ";' V '--' The matter of how many four-plexes or twelve-plexes could be built on an acre whether they were efficiency units or other units was discussed. The Planning Director recommended that the 10 acre tract be zoned R-4 conditioned upon the successful annexation of the property to the City. The Commission acknowledged receipt of the petition in protest to the zone change. There being no further discussion, the Mayor declared the pUblic hearing closed and I a decision will be forthcoming on Wednesday, April 9. Public hearing Zone Map Change - reclassify the zonin~ onapproximatel~ 10 acres from RR to R-4. Property west of City limits approximately 1200 & south of & adJacent to Babcock Road - Gene Cook & Walter Olson This was the time and place set for a pUblic hearing to consider the request of Gene Cook and Walter Olson. The applicants seek a change to the County's Official Zoning Map, which if granted, would reclassify the zoning on approximately 10 acres from RR to R-4. The Planning Director presented the staff report which recommended either denial, approval, or conditionally approved with a "T" Transitional designation for all or part of the properties in question. The "T" designation would require all future uses in the site to be reviewed through the conditional process. This mechanism would help insure land use compatibility in the immediate nieghborhood area. The staff recommended approval of the zone map change with the substitution of an R-3 zoning classification for this parcel conditioned upon the successful annexation of the prop- erty to the City of Bozeman. The Planning Director suggested the R-3 for this parcel. He felt it would be more compati- ble with the existing homes if an R-3 was created. Joe Sabol, representative of the applicants, stated that the R-4 designation allows for apartments. He said it was the discretion of himself and the applicants to have this parcel as R-4 because of its relationship with the commerical B-2-T district. The City Manager asked if he could assume that if the traffic were handled and a hard I surfaced street created, it would take care of some of the protests. Mrs. Worley told the Commission that she hoped that only residences would be built in this area. A petition signed by 67 property owners, protesting the zone change, was acknowledged by the Commission. Following discussion, the Mayor declared the hearing closed and a decision will be forth- coming on Wednesday, April 9, 1980. Public hearing - Planning Staff - Zone Code Amendment - Chapter 18.21 - provide flexibility to design future lots around cul-de-sacs. Minimum 7,500 sq. ft. lot shall be included to insure uniformity of lot sizes based upon the R-2 district - to be continued This was the time and place set for a pUblic hearing to consider the request of the Planning Staff. In reviewing the proposed amendment's functional featu~es, the Planning Staff found that the future lot size parameters proposed would be too flexible. The Planning Staff, therefore, proposes that the future lot sizes average 15,000 square feet for the given subdivision. This revision will allow for a mixture of future lots less than 10,000 square feet and lots greater than 15,000 feet. The average criteria will provide flexibility to design future lots around cul-de-sacs, terrain features and property shape. A minimum future lot size of 7,500 square feet shall be included to insure uniformity of lot sizes based upon the R-2 district. The hearing was convened and continued until after the Zoning Commission meeting on April 26, 1980. I Paving on West Villard, between North Willson Avenue and Grand Avenue The decision on paving on West Villard, between North Willson and North Grand Avenue was deferred. Exit conference - regarding 1978-1979 Audit Jim Brinkman of Holmes and Turner, and Dan Fenno of Veltkamp, Dore and Company, appeared before the Commission in regard to the Audit Exit Conference for the year ending June 30, 1979. ') [3 L, Jim Brinkman of Holmes and Turner read the overview of the Audit report. The full report will not be made public until later. Of the 28 recommendations made by the Auditors, 12 have been acted upon. The City Manager said that part of the City's problem was the untimeliness of the audit report of fiscal years 1977 and 1978, as prepared by DCA. He said this created an overlap in the reports of the state and private accountants, making it look as though the City was not trying to improve. The City administration, in response to the summary, also blamed I unplanned growth for the last 97 years as a contributing factor to the chaos of its records. Commissioner Stiff said the City has been trying to play catch up ball under impossible circumstances and wondered if the City is going to be able to correct the problems. CommissionerStiff recommended that a copy of the Audit report be delivered to Auditing Committee members Gil Crain and Roger Clingman immediately so they may study them before the meeting of the Auditing Committee on Monday, April 7, 1980. Following discussion, the City Manager slJggested that the Commission take a copy of the Audit home for review. Mr. Brinkman and Mr.Fenno said they would be pleased to attend the meeting of April 9, 1980 if there are any further questions in regard to the audit for the year ending June 30, 1979. Discussion/decision - regarding revision of loan/grant financial guidelines for rehabilitation program A memo received from the Director of Planning in regard to revision of grant guidelines for the Housing Rehabilitation Program, was presented. Mr. Bolton advised the Commission that since the Housing Rehabilitation Program opened on January 14, 1980, the response has been considerably less than expected. Less than ten applica- tions have been processed. He said that other communities in Montana are experiencing the same problem. According to HUD, the loan guidelines set for Montana are unalterable - however, the Director of Planning understands that grant guidelines can be set by the locality. It is I hoped that the raise in these grant guidelines will allow more applicants to participate in the program. Mr. Bolton said it should be noted that if such program amendments are not made and the City is not successful, in appropriately expending the funds available to the City ($353,000 bal.), it will likely have to be returned to HUD. The program termination date is December 1980. Following discussion,CommissionerSwanson suggested that the program be researched and brought back for discussion and a decision to be made on April 9, 1980. Purchase of Right-of-way from Railroad for public access to Kack property A letter received from Burlington Northern regarding the purchase of a 60' right-of-way for pUblic access to the Kack property was presented. The City Manager advised the Commission that the City is in the process of annexing the land owned by Mr. Kack, part of which is presently used for a beer warehouse. The property lies on the west side of the railroad tracks, south of Griffin Drive, south and east of the tank farm on Griffin Drive. At present, the beer warehouse has an easement adjacent to the railroad, for access to their property. This would be unsatisfactory if the property were annexed, and is also unsatis- factory for further access into the remaining acreage of Mr. Kack's land holdings. Unfortunately, transfer of the property from railroad ownership to private ownership is apparently prohibited by statute. Such transfer is not prohibited between the railroad and a municipal jurisdiction. Accordingly, Mr. Kack has deposited a CD with the City, to cover the cost of this property I acquisition. FOllowing discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize the City to purchase the right-of-way south from Griffin Drive, adjacent to the railroad, giving access to this acreage~ and that the City Attorney be instruc- ted to draft the necessary resolution to accomplish this. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. 't ~ : i,~,~,' C," 0 ""' Specification - Fire Truck The advisability of acquiring a new fire mini-pumper was discussed on March 26, 1980. This would involve replacing a twenty-year old pumper presently in service. In response to Mr. Gesko's question, the City Attorney advised the Commission, that the requirements for disposing of the present fire pumper, would be to advertise in the newspaper one time for the sale of the old pumper. I St. James Church - request spaces reserved for handicapped persons , A letter received from the St. James Church of 5 West Olive, requesting that a space be reserved for handicapped persons in front of the St. James' Church on East Olive Street, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the St. James Church be authorized an arrangement which would provide a space to be reserved for handicapped persons. 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. First Lutheran Church - request spaces reserved for handicapped persons The First Lutheran Church on South Black Avenue requested that a space be reserved for handicapped persons in front of the church on 222 South Black Avenue. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that arrangements be made which would provide for a space to be reserved for handicapped persons when needed. The motion was 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. Commission Resolution No. 2178 - providing for the issuance and sale of its $1,460,000 General Obligations Library Building Bonds - series 1980 Commission Resolution No. 2178, providing for the issuance and sale of its General Obliga- I tion Library Building Bonds in the principal amount of $1,460,000 as prepared by Loren Harkness, Attorney at Law, was presented. entitled: COMMISSION RESOLUTION NO. 2178 PROVIDING'FOR THE ISSUANCE AND SALE BY THE CITY OF BOZEMAN, MONTANA, OF ITS GENERAL OBLIGATION LIBRARY BUILDING BONDS, SERIES 1980, IN THE PRINCIPAL AMOUNT OF $1,460,000. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2178 be passed and adopted and the date of the Bond Sale be set for Wednesday, May 7, 1980, at 1:15 o'clock p.m. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, and Mayor MacNab; those voting No, none. Recessed 4:15 p.m. - Executive session for the purpose of salary negotiations Members of the Commission along with the City Manager, the City Attorney, the Financial Consultant, and the Clerk of the City Commission recessed at 4:15 p.m. for the purpose of salary negotiations involving City employees for the fiscal year 1980-1981. Reconvened 5:00 p.m. Commission Resolution No. 2176 - designation of a mill levy proposal for June 3, 1980 election Commission Resolution No. 2176, indicating the City's intent to exceed the current mill levy for General Fund purposes on the approval of the electorate, as prepared by the City Attorney was presented, entitled: I COMMISSION RESOLUTION NO. 2176 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, INDICATING THE CITY'S INTENT TO EXCEED THE CURRENT MILL LEVY FOR GENERAL FUND PURPOSES ON THE APPROVAL OF THE ELECTORATE: ESTABLISHING A CERTAIN LEVIED DOLLAR AMOUNT, SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TO BE USED BY THE CITY OF BOZEMAN FOR OPERATING THE CITY'S ALL PURPOSE GENERAL FUND: INDICATING THE APPROXIMATE NUMBER OF MILLS NECESSARY TO OPERATE THE CITY'S ALL-PURPOSE GENERAL FUND: SET- TING THE DATE AT WHICH THE QUESTION OF THE ADDITIONAL MILL LEVY WILL BE SUB~1ITTED TO THE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND SETTING FORTH PROCEDURES FOR CONDUCT OF THE ELECTION. 1'8R H! ..) The revenue derived from the special mill levy election as provided herein will be used for salaries, operations and capital to maintain City services at a level existing during the summer 1979. The $148,029.00, necessary to maintain City services at existing levels, repre- sents 7.75 mills. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2176 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner I Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Commission Resolution No. 2177 - designation of a mil' levy proposal for June 3, 1980 election Commission Resolution No. 2177, indicating the City's intent to exceed the current mill levy for general fund purposes on the approval of the electorate, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2177 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, INDICATING THE CITY'S INTENT TO EXCEED THE CURRENT MILL LEVY FOR GENERAL FUND PURPOSES ON THE APPROVAL OF THE ELECTORATE: ESTABLISHING A CERTAIN LEVIED DOLLAR AMOUNT, SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TO BE USED BY THE CITY OF BOZEMAN FOR OPERATING THE CITY.S ALL-PURPOSE GENERAL FUND: INDICATING THE APPROXIMATE NUMBER OF MILLS NECESSARY TO OPERATE THE CITY'S ALL-PURPOSE GENERAL FUND: SET - TING THE DATE AT WHICH THE QUESTION OF THE ADDITIONAL MILL LEVY WILL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND SETTING FORTH PROCEDURES FOR CONDUCT OF THE ELECTION. The revenue derived from the special mill levy election as provided herein will be used to support the City's All-Purpose General Fund, and more specifically for salaries, operations and capital to return City services to previous levels existing prior to the temporary termina- tion of some full time employees which occurred in the sprlng of 1979. The $284,000.00 neces- sary to maintain City services at previous levels represents 12.65 mills. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2177 be passed and adopted. The motion was carried by the following Aye and I No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, 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 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, and Mayor MacNab; those voting No, none. a ~ _ rc..... ".. I DUNCAN S. MACNAB, Mayor ATTEST: (/ 7~ ~:~H:~IN:.~ .~ Clerk of the City Commission I