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HomeMy WebLinkAbout1980-07-02 Bozeman, Montana July 2, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 2, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager I Gesko, City Attorney Planalp, and the Clerk. Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regu- lar meeting held on Wednesday, June 25, 1980 were approved as submitted. Decision on negotiated bond sale - SID No. 620 - Blackmore - $14,000. - 9% Having negotiated with the Clerk of the Commission, James Robertson presented his good faith check as prescribed by the Notice of Sale for SID No. 620, and bid 9% on the $14,000.00 issue. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the sale of the bonds for SID No. 620 in the amount of $14,000.00 at 9.0% be awarded to James Robertson of Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Decision on negotiated bond sale - SID No. 619 - Lea Avenue The bonds for SID No. 619 in the amount of $18,200.00 were sold to James Robertson at an interest rate of 10.0% with the condition that the City Engineer get an agreement signed by one-hundred percent of the property owners to pay back the increase on Special Improve- ment District No. 591. One property owner refused to sign the agreement. Therefore, the bond sale was cancelled and a new resolution of intent as prepared by the City Attorney will be presented. Decision - Commission Resolution No. 2187 - Sebena Annexation I The decision on the Sebena Annexation, having been delayed for a period of one week, was again presented. The City Manager advised the Commission that the Sebena Annexation was initiated by a letter request signed by Joe Sabol, Attorney for William Sebena. It was not submitted in petition form, drafted in legal form, and signed by the property owner. Therefore, the annexa- tion does not come under the Planned Community Development Act and the twenty-day waiting per- iod is not necessary. A legal brief submitted by James Goetz, lawyer for the Northeast Neighborhood Alliance was presented. Following discussion, the City Attorney advised the Commission that he would like an opportunity to review the legal agreement before a decision is made. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission delay action on the decision to annex the Sebena property until the City Attorney has an oppor- tunity to respond to the legal brief submitted by James Goetz. 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. Decision - Zone Map Change - Ramon White - A~S to RS-2 The Commission closed the public hearing on the request of Ramon White for a Zone Map Change from AS to RS-2 on April 30, 1980. On May 7 the Commission moved to defer action on the request until a decision is reached on the Zone Code Amendments to Chapter 18.21. I A letter received from Ramon C. White dated July 2, 1980, requesting that the proposed zone change decision be postponed until a later date was presented to the Commission. FOllowing discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the decision on the proposed zone change be postponed until a later date. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer Commissioner Stiff, and Mayor MacNab; those voting No, none. aNnO~V N~nl 3SV31d 'A~~OS 8S 59 Public hearing - Conditional Use Permit - Joseph Mahurin - construct office and maintenance shop This was the time and place set to consider the Conditional Use Permit requested by Joseph Mahurin. The applicant seeks a conditional use permit which, if granted, would allow the con- struction of a 2,160 square foot office and equipment maintenance shop for an excavating I and drilling business. The site, zoned M-2-T is located on Lot 12, McChesney Industrial Park Subdivision on Gilkerson Drive. The Planning Director presented the staff report which recommended approval thereof with conditions as modified by the Zoning Commission. There was no one present to protest and no written protests on file. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, July 9, 1980. Continued public hearing - Zone Map Change - Jane Jelinski - R-4 to R-3 The public hearing to consider the request of Jane Jelinski for a Zone Map Change from R-4 to R-3 having been continued, was again presented. The Planning Director presented the staff report which recommended approval of Option #2, which would approve the original request to change from R-4 to R-3 all of the area north of Villard Street and would retain the present R-4 zoning on the area south of Villard Street. This alternative would eliminate the area from this zone change from which a majority of protests have occurred. Also, it would allow for the future expansion of medical-related facilities and services in close proximity to those areas already developed for such purposes. The Applicant advised the Commission that the recommendation by the Zoning Commission is agreeable to everyone concerned with this application. Following discussion, the Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, July 9, 1980. I Public hearing - proposed Zone Map Change - Wm. & Daniel Sebena - M-1-T to R-MH to be con- tinued This was the time and place set for a public hearing to consider the proposed Zone Map Change requested by William & Daniel Sebena. The applicant seeks a change to the City's Official Zoning Map on approximately eleven and nine-tenths acres located east of North Rouse Avenue. If approved, the current zoning designation of M-1-T would change to R-MH. The property is split by Bozeman Creek. The Planning Director gave the background information on the request and recommended that the request of the Zone Map Change be continued for a period of one month. Public hearing - Zone Code Amendment - Southwest Montana Homebuilders Assoc. - Chapter 18.69.180, 18.76.050, 18.76.070, & 18.76.150 - to be continued This was the time and place set for a public hearing to consider the proposed Zone Code Amendment requested by Southwest Montana Home Builders. The applicant seeks several changes to Chapter 18.76 - Townhouse Development Standards and Overlay District - specifically 18.76.050, 18.76.070, 18.76.150 and 18.69.180. The public hearing is to be continued until August 6, 1980. Public hearing - Zone Map Change - Rick Mayfield (Story Hills Subdivision) R-2 to R-4, R-1 to R-4, RS-2 to R~2, B-1 to R-4, and R-1 to R-2 This was the time and place set for a public hearing to consider the proposed Zone Map Change requested by Rick Mayfield (Story Hills Subdivision). I Rick Mayfield, representative for the developers, explained that the area would consist of housing clusters to accommodate the natural terrain of the area. Mr. Mayfield advised the Commission that the development of this area would be extended over a twenty year period. The project would include single-family and condominium residences. Larry Williams, road designer, opposed the change due to the traffic congestion. Commissioner Swanson asked that the hearing be continued for a period of one week in order that he might review and study the report. . n.,.". .'." HO - - The pUblic hearing is to be continued for a period of one week to give Commissioner Swanson and the City Manager an opportunity to review the proposed Zone Map Change. Commission Resolution No. 2212 - Intent to create SID 619 - water mains on Lea Avenue - hearing July 30, 1980 Commission Resolution No. 2212, declaring the intention to create SID No. 619, Water Lateral Main construction on Lea Avenue, Gordon Mandeville State School Subdivision, as pre- I pared by the City Attorney, was presented, entitled: . COMMISSION RESOLUTION NO. 2212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 619 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: A LATERAL MAIN AND APPURTEN- ANCES ON LEA AVENUE, IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SERVICE LINES AND OTHER NECESSARY APPUR- TENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2212 be passed and adopted, and July 30, 1980 be the date set for a public hearing. 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. World Family School - (Carol Dietrich) - request renewal of permit and removal of any specific time period for the duration of the school A letter received from Carol Dietrich of the World Family School, requesting the Commis- sion to renew their permit to use the home at 120 East Story for its school. Mrs. Dietrich I also asked that the Commission remove the specific time period for the duration of the school. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swan- son, that the Commission refer the request to the staff for study and a recommendation to be made on Wednesday, July 23, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer, and Mayor MacNab; those voting No, none. Bozeman Municipal Band - appointment of Gordon Wickham as Director of Band for 1980 season A letter received from Ralph C. Challender, Secretary-Treasurer of the Bozeman Municipal Band, stating the City Municipal Band Board of Directors selected Gordon Wickham a~ the Dir- ector of the Band for the 1980 season. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commis- sion concur in the selection of Gordon Wickham as Band Director for the 1980 band season. 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. Depository Bonds of March 31, 1980 The securities pledged against deposits in the various banks for March 31, 1980, were presented. Mayor MacNab directed Commissioner Vollmer, and Commissioner Mathre, to check the figures submitted by the Financial Department for aCknowledgement on July 9, 1980. I Harrington's - request permission to conduct annual sidewalk sale - 407 West Main Street - July 24, 25, & 26 A letter received from Harrington's Inc., 407 West Main Street, requesting permission to conduct a three day sidewalk sale in front of their premises on July 24, 25, and 26, was pre- sented. Harrington's have agreed to conduct the sale as in the past, being careful not to restrict sidewalk traffic, and in a clean and orderly manner. 61 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that permission be granted Harrington's to conduct the three day sidewalk sale. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Conmissioner Swanson, and Mayor MacNab; those voting No, none. Bozeman Elks #463 - parade Saturday, August 9, 1980 - 2:30 p.m. . A letter received from the Bozeman Elks No. 463, requesting permission to conduct a parade on August 9th, starting at 2:30 p.m. and running from Buttrey's down Main Street to Bozeman Street, ending in the Elk's parking lots, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that permission be granted the Elks to conduct the parade on Main Street on August 9, 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 vot- ing No, none. A lication for Gamblin License - American Legion Club - $500.00 - Va ey View Country Club - '500.00 The City Manager presented the following applications along with the appropriate fee of $500.00 from each for the renewal of their gambling license for the year 1980-81. American Legion Club - $500.00 Valley View Country Club - $500.00 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission concur in the recommendation of the City Manager, and approve the applications for the issuance of gambling licenses. 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. Application for raffle license - Montana Junior Rodeo Ass'n. - November 20 The City Manager presented an application from the Montana Junior Rodeo Ass'n., along with I the appropriate fee for the purpose of holding a raffle on November 20, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, 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 Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Police Department - Authorization to "Call for Bids" 2 - 1981 Police vehicles A letter received from the Chief of Police requesting permission to call for bids for the purchase of two new 1981 police vehicles, to replace the two 1978 ford sedans, was presented. The Commission concurred in the recommendation of the Chief of Police also concurred in by the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the specification be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" to be received on WedneSday, July 30, 1980. The motion was car- ried 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. Right of Way Easement - The City of Bozeman & Montana Power Company A Right-of-Way Easement whereby the City of Bozeman grants, conveys and warrants to the Montana Power Company, the right to construct, maintain, operate and remove an underground electric power line and communication system over, along and across that certain real prop- erty, located 5' west of the east property line of Jarrett Park located in Block 8 of Figgins Addition Second Phase, was presented. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Right-of-Way Easement as presented. 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. Award Construction Bid - SID No. 620 - Long Construction $12,390.00 A letter received from Thomas, Dean & Hoskins, Inc., recommending that the award be made to Long Construction based on their low bid of $12,390.00, it equaling or exceeding the specifi- cations in the "Call for Bids" was presented. -, 62 - . The City Manager concurred in the above recommendation, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the award be made to Long Construction based on their low bid. 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. Claims The payroll claims and the general claims for the month of June 1980 were presented. The I 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 warrants in payment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the claims be approved. 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. Proclamation - "Support Your Local Hospital Week" - July 6-12, 1980 The Mayor proclaimed the week of July 6-12, 1980 as "Support Your Local Hospital Week" and encouraged all citizens to join in expressing their support and especially for the participants in the team relay race. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer, and Mayor MacNab; those voting No, none. Bozeman Deaconess Hospital Medical Staff - request permission to block off Tracy Avenue between Lamme & Beall Street from 9:30 to 10:30 A.M. Saturday, July 12, 1980 to solicit contributions to support hospital A letter received from Dean M. Center, M.D., on behalf of the Medical Staff of the Bozeman Deaconess Hospital, requesting permission to block off one block on Tracy Avenue, from Lamme I to Beall Street, for one and one-half hours on Saturday, July 12, 1980 for the purpose of con- ducting a fund drive relay race, was presented. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swan- son, that permiSSion be granted the Bozeman Deaconess Hospital Medical to block off the above area for a period of two hours, to conduct their relay race. 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. Report - Police Court for the Month of January 1980 will be listed on the agenda next week for acknowledgement and filing The report of the Police Court for the Month of January 1980 will be listed on the agenda next week for acknowledgement and filing. Adjournment With no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adjourn the meet- ing. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre, Commissioner Vollmer Commissio r Stiff, and Mayor Mac- Nab; those voting No, none. } ATTEST: I &~r:t v2:f~ ~ ERNA V. HARDING, Clerk of the City Commission -..