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HomeMy WebLinkAbout1980-11-05 , 167 Bozeman, Montana November 5, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 5, 1980 at 1:15 p.m. Present were Mayor MacNab, Commissioner I Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City 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, October 29, 1980 were approved as submitted. Consideration of bids submitted - Landscaping and Sprinkling equipment - Parking Lots The Parking Commission and staff tabulated the bids for the landscaping and sprinkling equipment for the parking lots on the corner of Tracy Avenue and ~1endenhall Street, and Black Avenue and Mendenhall Street and recommended that the bids be rejected at this time. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission concur in the Parking Commission's recommendation to reject the bid of Concrete Specialities. Inc. and Cashman Nursery, Inc., and the bid of Lawson Greenhouse. 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 ~1acNab; those voting No, none. Continued public hearing - Conditional Use Permit - Lowell Springer, Woodbrook Inc. - revise previously approved condominium/apartment project - reduce dwelling from 122 to 75 This was the time and place set for the continued hearing on Lowell Springer, who requests a Conditional Use Permit. The applicant seeks a Conditional Use Permit to revise previously approved condominium/ apartment project by reducing total number of dwelling units from 122 to 75; the application includes 58 of the 75 total number of dwelling units; conversion of condominiums/apartments to townhouse lots/units; provide 14,900 gross square feet of office building area on lot area I of approximately 42,000 square feet (0.964) acres. The Planning Director presented the report of the Zoning Commission which reco~mended approval of the Conditional Use request subject to staff conditions. The applicant was present to review the conditions and show slides of what they propose to do. He advised the Commission that he agreed with most conditions, and plans to resolve differences of opinion with the Planning staff on three conditions. The Mayor declared the public hearing closed, and a decision will be forthcoming on WedneSday, November 12, 1980. *** See Page 178 - Public Hearing - Conditional Use Permit - Everett Egbert Public hearing - Conditional Use Permit - Henry Wieferich - establish a DayQar~ Center to serve 20 children at 1418 W. Koch Street This was the time and place set for a public hearing to consider the request of Henry Wieferich. The applicant seeks a conditional use permit which would establish a day care center to serve twenty children, and provide two instructors, one instructor being a resident at the site. The area in question is located at the southeast corner of West Koch Street and South 15th Avenue at 1418 W. Koch Street. The Planning Director presented the report of the Zoning Commission which recommended approval subject to conditions with a vote of 2 to 1. Dennis Klewin of 1401 W. Koch Street said their largest concern is the appearance and character of the neighborhood. Traffic congestion and personal safety on Koch Street is a I critical issue, as well as the apparent precedent setting nature of allowing a day care center to be established in an R3 zone and the impact of commercialization in that neighborhood. Mr. Klewin urged the Commission to review the request critically and keep in mind the object- ions voiced by protestors. Lee Nelson of 414 South Fifteenthadvised the Commission that he and his wife were very , much against the Day Care Center. A letter addressed to the Commission by Margaret Nelson was presented along with a letter from Leland Nelson. Both parties protested the Day Care Center. Seven other home owners were included in Mr. Nelson's letter of protest. -1G8 A petition signed by twenty-six (26) property owners protesting the conditional use permit was presented. Ben Berg of 1403 West Koch Street appeared before the Commission to protect the neighborhood in which he lives. He said only four (4) members of the Zoning Commission heard the application, and the vote was two to one on the application. Ben Berg feels there will be some legal problems connected with this application. Mr. Berg presented I copies of several ordinances in connection with the application. Mr. Berg said the question is whether this is a school and whether it can be identified as a school. Mr. Berg said the people in this area own their own property and the school will effect the character in the neighborhood, and he joined in asking that the Commission deny this use. Following considerable discussion, the Commission recommended that the hearing be continued for a period of one week for additional study, and to define some of the prob- lems. Public hearing - Conditional Use Permit- Fred H. Gersmeyer - construct 14,400 sq. ft. recreation center between S. 23rd & W. Dickerson/S. 22nd. This was the time and place set for a public hearing to consider the request of Fred H. Gersmeyer. The applicant seeks a conditional use permit which, if granted, would construct a 14,400 square foot recreation center consisting of a roller skating rink and handball courts. The location being between South 23rd Avenue and W. Dickerson/South 22 Avenue at 2206 W. Dickerson. The Planning Director presented the staff report which recommended approval subject to conditions. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, November 12, 1980. Public hearing - Zone Map Change - Maurice Klabunde - R-4 to B-2 to be continued I This was the time and place set for a public hearing to consider the zone map change requested by Maurice Klabunde. The applicant asked that the application--be heard by the Zoning Commission on November 25, 1980. Public hearing - Zone Map Change - Virgil Jahnke -(A-S to R-O, R-1, R-MH, PLI, B-1, B-2, and T-R) to be continued This was the time and place set for a public hearing to consider the zone map change requested by Virgil Jahnke. The applicant asked that the application be heard by the Zoning Commission on November 25, 1980. First Baptist Church - re property needed for Sewage Treatment Plant expansion and completion Lynn J. Balgeman, Pastor of the Bozeman Baptist Church appeared before the Commission in regard to the sale of land to the City of Bozeman for a Haste Water Treatment Plant. The City Manager advised the Commission that the City and the Church are negotiating for acquisition of ten acres owned by them, needed for the expansion and refinement of the Sewage Treatment Plant process. Mr. Balgeman said the parcel of land they purchased from Robert Foster suits the needs of the church perfectly and will enable the church to accompliSh its goal of erecting a church building with which to carry out its ministries. However, they recognize the situation the City of Bozeman is in, and will try to reach a solution that will be satisfactory to all I parties. Mr. Balgeman said they had tried to buy other land comparable to the land they have but the price is much higher. No one next to their property is interested in selling. In light of these facts, they feel it is absolutely necessary to be paid at least $8,500 per acre for their land in order that they might replace it with a comparable building site. 169 Mr. Balgeman further stated that they are definitely willing to cooperate in any kind of negotiations which could amicably brinq a satisfactory conclusion to the whole matter. They have suggested the possibility of land trades, including city-owned property, and other pro- perty the City may choose to acquire. Mr. Balgeman said they would also consider any counter- offer or alternative which the City of Bozeman may choose to suggest. I Amendment to Agreement - re construction of trllnk sanitary sewer for ~1ain ~1al1, deleting interest provision The City Signed an agreement with Harry Daum which provided for interest to be paid by future persons or properties connecting to that trunk sewer. Inclusion of this interest provision was unintentional, inasmuch as the Commission had denied it. Negotiations with Mr. Daum and his Attorney, Hal Bolinger, have been successful, and they have agreed to deleting the interest provision from the agreement. An Agreement by and between the City of Bozeman and Harry ~1. & Kathleen ~1ary Ellen Daum, as prepared by the City Attorney was presented as set forth in full: A G R E E MEN T THIS AGREH1ENT made and entered into this 5th day of November, 1980, by and between THE CITY OF BOZEMAN, a municipal corporation, hereinafter referred to as "City", and HARRY ~1. DAUM and KATHLEEN ~1ARY ELLEN DAUM, husband and wi fe, hereinafter referred to as "Devel oper", WIT N E SSE T H : WHEREAS, the parties have previoUSly entered into a sanitary sewer agreement on the 29th day of September, 1976, a portion of said agreement providing that the City,shallC!()]lect interest from property owners when such property owners hook onto the sewer system; and WHEREAS, the parties desire to omit any requirement of the payment of interest to insure prompt hookups to the sewer system by said property owners; NOW, THEREFORE, in mutual consideration of the covenents and conditions contained herein, it is hereby agreed as follows: I 1. That said sewer agreement previously mentioned is hereby amended to exclude any requirement that property owners who hook onto the sewer system should be required to pay any interest. 2. That this addendum shall not release any property owner from paying his proportionate share of appropriate cost of installation and construction of said sewer system. 3. That except for the deletion of the requirement of payment of interest, all other provisions and terms of said agreement are hereby confirmed and ratified. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Agreement between the City of Bozeman and the Daums, and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner ~1athre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2231 - Final Assessment SID 587 - $77,593.82 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2231, SID 587, Sanitary Sewer Improvements in Figgins Addition in the amount of $77,593.82. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Swanson, Seconded by Commissioner t1athre, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2231 proviSionally passed and adopted on Wednesday, October I 29, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2232- Final Assessment SID 589 - $31,753.39 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2232, SID 589, Water Improvements on Bond and Gold Streets in the -"., amount of $31,753.39. .170 There was no one present to protest and no written protests on file. The t,1ayor declared the public hearing closed, and it was moved by Commissioner t1athre, seconded by Commissioner Vollmer that the Commission waive the one-week waitinq period, and that Commission Resolution No. 2232 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner t1athre, Commissioner I Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2233 - Final Assessment SID 591 - $440,000.00 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2233, SID 591, Water Main Improvement on Bridger Drive in the amount of $440,000.00. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2233 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and t1ayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2234 - Final Assessment SID 592 - $19,386.59 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2234, SID 592, Water Main Improvements in Figgins Addition in the amount of $19,386.59. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission waive the one-week waiting period, and I that Commission Resolution No. 2234 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2235 - Final Assessment SID 593 - $19,811.61 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2235, SID 593, Sanitary Sewer Improvements in Figgins Addition in the amount of $19,811.61. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission waive the one-week waiting periOd, and that Commission Resolution No. 2235 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2236 - Final Assessment SID 594 - $76,000.00 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2236, SID 594, Paving, Figgins Addition in the amount of $76,000.00. I There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Mathre and seconded by Commissioner Vollmer, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2236 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2237 - Final Assessment SID 595 - $40,000.00 Final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2237, SID 595, Water Main Improvements, Wheat's Subdivision in the amount of $40,000.00. I There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission waive the one~week waiting period, and that Commission Resolution No. 2237 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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 - Commission Resolution No. 2238 - Final Assessment SID 596 - $105,000.00 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2238, SID 596, Sanitary Sewer Improvements on Griffin Drive in the amount of $105,000.00. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2238 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2239 - Final Assessment SID 597 - $64,479.33 final passage This was the time and place set for a public hearing on levying the final assessment on I Commission Resolution No. 2239, SID 597, Sanitary Sewer Improvements, Wheat's Subdivision, in the amount of $64,479.33. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2239, provi si ona lly passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2240 - Final Assessment SID 598 - $139,731.93 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2240, SID 598, Paving, Wheat's Subdivision, in the amount of $139,731.93. There was no one present to protest and no written protests on file. The r'.1ayor declared the public hearing closed, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2240, provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner I Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MAcNab; those voting No, none. Public hearing - Commission Resolution 2241 -Estimated Assessment SID 599 - $250,000.00 final passage This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2241, SID 599, Paving, Industrial Properties, in the amount of $250,000.00. There was no one present to protest and no written protests on file. ~~l The Mayor declared the public hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2241 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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 Public hearing - Commission Resolution No. 2242 - Final Assessment SID 600 - $90,425.11 final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2242, SID 600, Water Main Improvements in Figgins Addition in the amount of $90,425.11. There was no one present to protest and no written protests on file. The Mayor declared the public hearing closed, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2242 provisionally passed and adopted on Wednesday, October 29, 1980 be finally passed and adopted, and levied and assessed. 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. Sign Code Variance - The Wine Merchant - "0ld Roecher Building" The Wine Merchant, located at 118 East Main Street, requested a Sign Code Variance to place a wooden sign over their business, was presented. The sign will look like a barrel and will not have anything electrical on it. The Building Inspector indicated that the sign meets all requirements and the only ob- jection is that it is made of wood. It will be attached to the building. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the sign code variance. The motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Repurchase Agreement Commissioner Stiff met with John Evans and in discussing the Repurchase Agreement, they decided that since the City is short staffed and 15 to 1800 man hours will be spent on SID's the City should not enter into the Repurchase Agreement at this time. The Commission discussed the alternative of paying off the one bond issue and sending out a letter on the other issue to have the covenants lifted. The Commission directed the City Attorney to explore the above possibilities before a decision is made. Application for Gambling License - 1 Poker Machine - Black Angus The City Manager presented a gambling license application along with the appropriate fee of $500.00 for the operation of one poker machine to be located at the Black Angus, 520 West Mendenha 11 . The Police Department could see no reason to deny the gambling license. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the gambling license application as presented. 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. 2243 - Final Assessment SID 601 for provisional passage, Sanitary I Sewer - Figgins Addition - $87,204.87 - public hearing November 12, 1980 Commission Resolution No. 2243 levying the final assessment for SID 601, Sanitary Sewer Improvements in Figgins Addition in the. amount of $87,204.87, was presented, entitled: J~l 173 COMMISSION RESOLUTION NO. 2243 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 601 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CON- I STRUCTING AND MAKING THE IMPROVEMENTS WITHIN' SAID SPECIAL IMPROVEMENT DISTRICT NO. 601. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2243 be provisloHally passed and adopted and Wednesday, November 12, 1980 be the date set for 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. Commission Resolution No. 2244 - Final Assessment SID 602 for provisional passage, Storm Drain - Figgins Addition - $32,562.49 - Public hearing November 12, 1980 Commission Resolution No. 2244 levying the final assessment for SID 602 for Storm Drain - Figgins Addition in the amount of $32,562.49, was presented, entitled: COMMISSION RESOLUTION NO. 2244 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 602 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 602. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2244 be provisionally passed and adopted and Wednesday, November 12, 1980 be the date set for public hearing. The motion was carried by the Following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, I Commissioner Vollmer, and Mayor MacNab; those voting, No, none. Commission Resolution No. 2245 - Final Assessment SID 603 for provisional passage, Water Main - Graf's First - $94,133.55 - Public hearing November 12, 1980 Commission Resolution No. 2245 levying the final assessment for SID 603 for Water Main improvements in Graf's First Addition in the amount of $94,133.55 was presented, entitled: COMMISSION RESOLUTION NO. 2245 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 603 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 603. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2245 be provisionally passed and adopted and WedneSday, November 12, 1980 be the date set for public hearing. 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. 2246 - Final Assessment SID 604 for rovisional Sewer - Graf s First - 81,661.08 - Public hearing November 12, 1980 Commission Resolution No. 2246 levying the final assessment for SID 604 for Sanitary Sewer Improvements in Graf's First Addition in the amount of $81,661.08, was presented, entitled: COMMISSION RESOLUTION NO. 2246 I A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 604 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 604. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2246 be provisionally passed and adopted and Wednesday, November 12, 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, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. n4 Commission Resolution No. 2247 - Estimated Assessment SID 605 for provisional passage Paving - Graf's First Subdivision - $350,000.00 - Public hearing November 12, 1980 Commission Resolution No. 2247 levying the estimated assesSment for SID 605, Paving in Graf's First Subdivision in the amount of $350,000wOO, was presented, entitled: COMMISSION RESOLUTION NO. 2247 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIST- RICT NO. 605 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIST- RICT NO. 605. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2247 be provisionally passed and adopted and Wednesday, November 12, 1980 be the date set for 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. Commission Resolution No. 2248 - Final Assessment SID 607 for provisional passage, Paving - McChesney Industrial Park - $156,451.23 - public hearing November 12, 1980 J Commission Resolution 2248 levying the final assessment for SID 607 , Paving in McChesney Industrial Park in the amount of $156,451.23, was presented, entitled: COMMISSION RESOLUTION NO. 2248 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 607 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 607. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2248 be provisionally passed and adopted and Wednesday, November 12, 1980 be the date set for public hearing. 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. 2249 - Final Assessment SID 608 for provisional passage, Paving - Figgins Addition - $356,271.58 - Public hearing November 12, 1980 Commission Resolution 2249 levying the final assessment for SID 608, Paving in Figgins Addition in the amount of $356,271.58, was presented, entitled: COMMISSION RESOLUTION NO. 2249 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 608 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 608. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2249 be provisionally passed and adopted and Wednesday, November 12, 1980 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commisioner Stiff, and Mayor MacNab; those voting No, none. Commission Resolution No. 2250 - Final Assessment SID 610 for provisional passage, Water I Improvements - Wagon Wheel Road - $117,999.21 - Public hearing November 12, 1980 Commission Resolution No. 2250 levying the final assessment for SID 610, Water Main Improvements on Wagon Wheel Road in the amount of $117,999.21, was presented, entitled: 175 COMMISSION RESOLUTION NO. 2250 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 610 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND I MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 610. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2250 be provisionally passed and adopted and Wednesday, November 12, 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, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Commission Resolution 2251 - Estimated Assessment SID 611 for provisional passa~e, Pavin~ - Woodridge Addition - $115,000.00 - Public hearing Nov. 12, 1980 Commission Resolution 2251 levying the estimated assessment for SID 611, Paving in Woodridge Addition in the amount of $115,000.00, was presented, entitled: COMMISSION RESOLUTION NO. 2251 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 611 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 611. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2251 be provisionally passed and adopted and Wednesday, November 12, 1980 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, I Commissioner Mathre, and Mayor MacNab; those voting No, none. Commission Resolution No. 2252 - Final Assessment SID 612 for rovisional 1m rovements - Westrid e Meadows - 15 9 6.11 - Pub ic hearin November 1 , 1980 Commission Resolution 2252 levying the final assessment for SID 612, Water Main Improve- ments in the amount of $15,956.11, was presented, entitled: COMMISSION RESOLUTION NO. 2252 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 612 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVE~1ENT DISTRICT No. 612. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2252 be provisionally passed and adopted and Wednesday, November 12, 1980, be the date set for public hearing. 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. 2253 - Estimated Assessment SID 613 for rovisional Broadwa Avenue - 190000.00 - Public hearin November 12, 1980. Commission Resolution 2253 levying the estimated assessment for SID 613, Paving, Broadway Avenue in the amount of $190,000.00, was presented, entitled: I COMMISSION RESOLUTION NO. 2253 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 613 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 613. 176 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2253 be provisionally passed and adopted and Wednesday. November 12, 1980 be the date set for public hearing. 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. 2254 - Final Assessment SID 614 for provisional passaqe, pavinq, I East Garfield - $30,000.00 - Public hearing November 12, 1980 Commission Resolution 2254 levying the final assessment for SID 614, Paving on East Garfield in the amount of $30,000.00, was presented, entitled: COMMISSION RESOLUTION NO. 2254 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 614 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 614. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2254 be provisionally passed and adopted and Wednesday, November 12, 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, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Commission Resolution No. 2267 -Intention to Create SID 621 - Sewer Trunk - Valley Unit Subdivision - Public hearing November 26, 1980 Commission Resolution No. 2267 - declaring the intention to create SID 621, for the installation of Sewer Trunk in the Valley Unit Subdivision, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2267 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 621 FOR THE PURPOSE OF CON- STRUCTION AMD INSTALLATION OF A SANITARY SEWER TRUNK TO INTERCEPT SEWAGE FROM THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN AND OTHERS AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SANITARY SEWER LINE TO BE KNOWN AS THE II FAR WEST TRUNK" WITH PIPE SIZES OF 18 AND 21 INCHES AND APPURTENANCES TO TRANSPORT WASTEWATER FROM THE VALLEY UNIT SUBDIVISION AND OTHER SERVICE AREAS IN THE CITY OF BOZEMAN TO THE WEST END INTERCEPTOR. THE CONSTRUCTION AND INSTALLATION OF THE SEWER TRUNK TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SEWER PIPE, MANHOLES, STUB OUTS AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2267 be passed and adopted, and November 26, 1980 be the date set for 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. Commission Resolution No. 2268 - Intent to Create SID 622 - Water Trunk - Valley Unit Subdivision Public hearing November 26, 1980 Commission Resolution No. 2268 - declaring the intention to create SID No. 622, for the water trunk installation in the Valley Unit Subdivision, as prepared by the City Attorney, I was presented, entitled: COMMISSION RESOLUTION NO. 2268 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 622 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF TRUNK WATER SUPPLY MAINS AND APPER- TENANCES TO THE VALLEY UNIT SUBDIVISION AND OTHER SER- VICE AREAS IN THE CITY OF BOZEMAN AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A 12-INCH WATER MAIN EXTENSION AND APPURTENANCES FROM WEST COLLEGE ALONG THE SOUTH RIGHT-OF-WAY OF U.S. 191 TO FOWLER LANE A 10 INCH WATER MAIN EXTENSION ALONG WEST MAIN TO FOWLER AVENUE. 177 THE CONSTRUCTION AND INSTALLATION OF THE TRUNK WATER MAINS IS TO INCLUDE ALL TRENCH EXCAVATION AND BACK- FILL, BEDDING MATERIAL, DUCTILE IRON WATER MAINS, VALVES AND FITTINGS, HIGWAY JACK AND BORE, AND OTHER NECESSARY APPURTENANCES THERETO. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission I Resolution No. 2268 be passed and adopted, and November 26, 1980 be the date set for public hearing. 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. 2269 - Intent to Create SID 623 - Sewer Lateral - Valley Unit Sub- Division - Public hearing November 26, 1980 Commission Resolution No. 2269 - declaring the intention to create SID No. 623, for the Sewer Lateral Installation in the Valley Unit Subdivision, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2269 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVE- MENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 623 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES ON EAST GRANITE, PONDERA, WEST GRANITE, GOLDEN VALLEY, TETON AND FLATH EAR AVENUES AND PORTIONS OF FALLON. RAVALLI, WEST BABCOCK, BROADWATER, CASCADE STREETS, TOOLE STREET, AND A PORTION OF DURSTON ROAD AND A TWELVE (12) INCH AND FOURTEEN (14) INCH SANITARY I SEWER ON YELLOWSTONE AVENUE ALL IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2269 be passed and adopted, and November 26, 1980 be the date set for the public hearing. 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. 2270 - Intent to Create SID 624 - Water Lateral - Valley View Sub- division - Public hearing November 26, 1980 Commission Resolution No. 2270 - declaring the intention to create SID No. 624, for the Water Lateral Installation in the Valley Unit Subdivision, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2270 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 IMPROVE- MENT DISTRICT NO. 624 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER MAINS AND NECESSARY APPERTEN- I ANCES THERETO ON YELLOWSTONE, TETON, FLATHEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALI, AND FALLON STREETS AND DURSTON ROAD AND FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2270 be passed and adopted, and November 26, 1980 be the date set for the public hearing. 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. "178 Commission Resolution No. 2271 - Intent to Create SID 625 - Pavinq and Storm Drain - Valley Unit Subdivision - Public hearing November 26, 1980 Commission Resolution No. 2271 - declaring the intention to create SID No. 625, for the Storm Drain and Paving installation in the Valley Unit Subdivision, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2271 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLA<<ING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE AN EXTENDED ,:'M SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 625 FOR THE PURPOSES OF CON- STRUCTION AND INSTALLATION OF REINFORCED CONCRETE STORM DRAINAGE PIPE (RCP), STORM DRAIN INLETS, DETENTION FACILITIES, DRAINAGE DITCH REALIGNMENT AND DIV~RSION AND OTHER NECESSARY APPURTENANCES THERETO, AND ASPHALTIC CONCRETE TYPE PAVEMENT ON YELLOWSTONE, TETON, FLAT- HEAD, EAST GRANITE AND PONDERA AVENUES AND PORTIONS OF TOOLE, CASCADE, BROADWATER, BABCOCK, RAVALLI, AND FALLON STREETS AND A PORTION OF FERGUSON AVENUE IN THE VALLEY UNIT SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2271 be passed and adopted, and November 26, 1980 be the date set for the 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. Todd & Associates - permission to start construction before the financing is completed It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Todd and Associates be denied permission to commence construction until after the financing is completed. If they come up with the finances before the closing period, they may begin construction. 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; I those voting No, none. Dick Smiley - Regarding working the land The City Attorney advised the Commission that Dick Smiley had contacted him in regard to working the land and planting a crop. He wondered if the City would reimburse him for the crop if it were not harvested before the negotiations were completed. Water Resolution A short discussion was held in regard to the water resolution. The City Manager asked if it is necessary to have a resolution. Adjournment - 4:14 p.m. With 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, Commissio r Stiff, and Mayor MacNab; those voting No, none. DUNCAN S. MACNAB, Mayor ATTEST: I c2J~ q/ td:lfl~ ~~ ERNA V. HARDING, Clerk of the City Commission *** Public Hearing - Conditional Use Permit - Everett Egbert - relocate 24-40 foot metal structure for use as a warehouse This was the time and place set for a public hearing to consider the request of Everett Egbert. The applicant seeks a conditional use permit to relocate a 25 x 40 foot metal structure for use as a warehouse on the W~ of Lots 6 and 7, ~1ay's Tracts at 300 East Griffin Drive at the southwest corner of East Griffin and North Rouse Avenue. The site size is approximately 40,000 square feet which is currently zoned M-1-T-4. The Planning Director presented the report of the Zoning Commission which recommended approval subject to conditions. The Mayor declared public hearing closed and a decision will be forthcoming on Wednesday, November 12, 1980.