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HomeMy WebLinkAbout1980-11-12 179 Bozeman, Montana November 12, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room Municipal Building, November 12, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, I Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Stiff opened the meeting with a prayer and observed a moment of silence in respect of Gerald Collier. The minutes of the regular meeting held on Wednesday, November 5, 1980 were approved as submitted. Continued public hearing - Conditional Use Permit - Henry Wieferich The Mayor opened the continued hearing on the Conditional Use Permit requested by Henry Wieferich. Mrs. Wieferich was present and said she had contacted several of the neighbors but was unable to compromise with them. Lee Nelson and Dennis Klewin were again present to reaffirm their position of Objecting to the Conditional Use Permit. Commissioner Mathre asked if a condition to limit the number of children to a fewer number could be inserted. Letters received from Lori Brockway Harding, Steven & Pam Bredberg, and Marilyn Wyatt, supporting the Conditional Use Permit to establish a day care center to serve 20 children, and provide two instructors, one instructor a resident at the site, was presented. Steven Bredberg was present and said he did not think the children caused a disturbance. He feels the small children cause less disturbance than the older children. I The Commission asked the City Attorney for his opinion as to whether or not the definition of "School for Day-care Center Purposes II in the conditional use process as contained in Section 18.72.050 applies to nurseries and other day-care facilities. The City Attorney's opinion is that schools, as mentioned in R-3 - Single Family Residential Districts under the conditional use permit procedure is intended to include non-board, nursery, elementary, junior and senior high schools. Following further discussion, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, November 19, 1980. Continued hearing - Zone Code Amendment - Southwest Montana Homebuilders Association - to be continued Having continued the public hearing on the Zone Code Amendment of the Southwest Montana Homebuilders on August 6, 1980, it was reconvened. The public hearing is to be continued until the Zoning Commission has an opportunity to discuss the Zone Code Amendment. Decision - Conditional Use Permit - Lowell Springer (Woodbrook, Inc.) - Revise previoUSly approved condominium/apartment project The request of Lowell Springer (Woodbrook, Inc.,) for a Conditional Use Permit, was presented for a decision. The applicant seeks a conditional use permit which, if granted, would 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 con- I dominiums/apartments to townhouse lots/units; provide 14,900 gross square feet of office building area on lot area of approximately 42,000 square feet (0.964 acres). The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit with the following conditions: 1. Date of siteplan preparation needed on site plan. 2. Final site plan submittal will need to be at a scale on one inch equals twenty feet. 3. Boundary dimensions along Phase 1 and 2's common boundary with Phase 3 needed. 180 4. Setback lines not shown for area adjacent to roads, nor for side yards, nor. for office buildings. 5. Dimension width of area for emergency vehicles. Label as emergency vehicle access easement. Suggest minimum width of 15 feet. A hard surface area to support the weight of fire equipment is needed. Provide sign for area as "Emergency Fire Exit". 6. O' . . h l' h 1 d h t t 1 . /information . lSCUSSlons Wlt app lcant as revea eta s ream ocatlon lS lnaccurate. Flnal sit e plans need to accurately locate the stream in relation to lots, buildings and I open space area. 7. Spring Creek's floodplain boundary needs to be shown, per 1972 East Gallatin River and Upper Tributaries Flood Hazard Analyses. 8. The office complex parking area exceeds the maximum of 25% allowed for compact car spaces. This will cause a revision. Also, each compact car space will need to be identified as such by a sign, the sign being shown on site plan by an elevation drawing. 9. The trash enclosures are located adjacent to parking stalls. Access to trash enclosures by garbage haulers could be a problem during normal business hours. How will this be resolved? 10. Elevation drawings of trash enclosure screening is needed. Note on site plan that enclosure will exceed height of trash container by one foot. II. Phase development proposal needs to be shown. 12. Dimension width/length of walkways in office areas. 13. Dimension width of driveway areas. 14. Storm water drainage management needs to be shown. 15. a. Information regarding colors, materials and lighting of signs is needed. b. Sign elevation shown differs from Phase 1 sign. Clarify how sign submitted wi 11 be used. 16. Method of screening office parking lot from townhouse units needs to be more clearly shown and dimensioned. Minimum 5 foot wide landscaped area has been noted previously. 17. The applicant has supplied the Planning Staff with a set of elevation drawings of the structures. Additional elevations of Unit C and office buildings are needed to illustrate all exterior walls of the structures. 18. Elevation drawings need to show height of structures. Maximum allowed 32 feet height. I 19. Materials to be used for Unit Cs and office buildings need to be shown. 20. Unit Cs floor plans need dimensions as provided for Unit As and Unit Bs floor plans. 2I. Office building No.2 elevation and floor plans are needed. 22. The common open space area and percentage of site that does not include driveway/road area needs to be shown. 23. The setback variation required by the zoning code is not satisfied by the building design proposed by the applicant. Each unit in the individual clusters has the same front yard setback. 24. Unit As that face on Spring Creek have front yard areas extending into Spring Creek itself. The submitted site plan is not accurately drawn. This relates to the pre- vious note that Spring Creek itself apparently is not accurately shown. The privately owned lot areas should not include the stream due to it being the focal point and common amenity of the project. As such, maintenance of the stream and a buffer area at least ten feet on either side should be in common ownership. 25. A review of each individual unit's private yard area method of enclosure is needed. Review of some units finds unsatiSfactory screening method. 26. At time of subdivision review, utility easements for individual units' utility stubs will need to be established where said stubs cross common open space areas. 27. The dead-end access road to the units in the southeast corner of the site is in- adequate for garbage service vehicle maneuvering. The vehicles will have to make backing maneuvers in Black Avenue. The applicant needs to provide an adequate turn- around area or connect the road with the main loop road system. Either option will require removal of at least one townhouse unit. 28. The townhouse code requires one parking space per one-hundred (100) square feet of floor area, excluding locker rooms and bath houses, for recreation buildings held in common. The office buildings contain areas reserved for use by the townhouse project. I The reserved areas will be owned in common. 29. A curb cut thirty-seven (37) feet wide is shown for 2 units with access to South Black Avenue. This width is not in conformance with Bozeman's Curb Cut Policy. 30. Property owners association documents need to be executed to provide maintenance of common areas. The documents need to include items noted in the Townhouse and Planned Unit Development sections of the zoning code. 31. Label roads as private streets, in order to clarify status. 181 32. The access road off of South Tracy Avenue will need to be signed to prohibit on- street parking due to 26 foot width. 33. The subdivision improvements agreement will need to include method of guarantee to insure common open space improvements. 34. Phased development will need to provide common open space proportionately with I dwelling units. 35. Street names will need to be provided with preliminary subdivision plat. 36. Exterior lighting system, if proposed, needs elevation drawing and location of lights shown on site plan. 37. Irrigation system, dimensioned and located on site plan, throughout common open area is needed. 38. Office parking area does not comply with interior parking landscape minimum of 6% landscaped area. 39. A five foot wide pedestrian path connecting common open areas has been requested. This has not been shown. 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. Reduce width of portions of Woodbrook Street to 26 feet Lowell Springer of Woodbrook, Inc., was present to request that the construction on a portion of Woodbrook Lane be reduced from 37' to 26' width, and that parking spaces be pro- vided wherever necessary. Mr. Springer advised the Commission that the entire 371 will be dedicated to the City but that he would rather the width of the street entryway be limited to 26 feet. Dewey Johnson of the Fire Department could see no problem with the width being reduced from 371 to 26' on portions of Woodbrook Lane. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission I approve the 26' street ona portion of Woodbrook Lane but if it does not work out satisfactorily the entire 37' will be utilized. 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. Decision - Conditional Use Permit - Everett Egbert - relocate 24 x 40 foot metal structure for use as a warehouse. The request of Everett Egbert for a Conditional Use Permit, was presented for a decision. The applicant seeks a Conditional Use Permit to relocate a 25 x 40 foot metal structure for use as a warehouse on the West one-half of Lots 6 and 7, May's Tracts at 300 East Griffin Drive at the southwest corner of East Griffin and North Rouse Avenue. The site size is approxi- mately 40,000 square feet which is currently zoned M-1-T-4. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Conditional Use Permit with the following conditions: 1- The applicant's (Everett Egbert) name and address is to be on the final site plan. 2. Areas to be paved with this project need to be clearly shown on the final site plan. A cross section of paving and wheelstops is needed, as well as dimension parking stall size and dimension aisle width on final site plan. 3. Need building elevation drawings for west and south side of building on final site plan. 4. On final site plan show percent building coverage of site. 5. The final site plan should indicate generally type of material to be stored in I structure. 6. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 182 7. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 8. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for termina- I ting the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. 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 - Conditional Use Permit - Fred H. Gersmeyer - construct 14,400 sq. ft. recreation center between So. 23rd and Dickerson/So. 22nd The request of Fred H. Gersmeyer, for a Conditional Use Permit, was presented. The applicant seeks a Conditional Use Permit which, if granted, would allow the construc- tion of 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 22nd Avenue at 1206 W. Dickerson. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Conditional Use Permit with the following conditions: I. The property line dimension along the curved northeast property llne needs to be shown. 2. Show setback dimension along curved northeast property line. 3. Dimension building perimeter lengths. 4. The applicant proposes 37 compact car spaces. The zoning code requires each space be identified as a "compact only" space. The identification sign needs to be shown in an elevation sketch and located on the site plan for each space. 5. Aisle widths adjacent to parking stalls need to be dimensioned. Also, the perpen- dicular depth of the angled parking stalls needs to be shown. ~.1inimum zoning I code requirements need to be satisfied. 6. Specify that garbage containers will be at least one (1) foot less than height of screening device. 7. Dimension walkway areas for length and width. 8. Storm water drainage management system needs to be reviewed and approved by the City Engineer prior to issuance of a building permit. 9. The proposed sign's size is not accurately shown on the west elevation drawing. The actual height would be approximately twice that shown. The Planning Staff suggests that to maintain a satiSfactory proportion of sign size, that the maximum height of sign be limited to 6 feet, maximum width to 10 feet. 10. The adjacent property to the south is zoned R-4-T. The zoning code requires lots that adjoin residentially-zoned properties to screen the parking lot by a wall or solid fence not less than six (6) feet nor more than eight (8) feet in height. The applicant's proposal does not comply with the code requirements. Continuous screening is not provided due to gaps in the plant locations. The fence height is only five (5) feet high. The length of fence would be approximately 300 feet. The applicant wishes to reduce the fence length by using plants. To effectively replace the fence screening, the proposed landscape plan should utilize a thick continuous coniferous hedge material between fence locations. The plants and fence should maintain a minimum height of ** six (6) feet. II. Need statement on final site plan clarifying status of roof-based mechanical equipment. If said equipment will be used, elevation drawings of screening material is needed. 12. The interior parking lot landscaping needs to be revised as follows: a. Need to add two additonal trees. I b. To reduce the long visual appearance of the parking area along east-west sight lines, a landscaped area needs to replace a parking stall at approximately a third and two-thirds of the length of the parking stalls. 13. An irrigation plan needs to be submitted prior to final site plan approval. 14. The front yard area along South 22nd needs to include a total of nine (9) trees. Also, additional berming/low shrubs need to be added for an effective landscape screen. ** The Zoning Commission should note that a zone change request has been submitted for the adjacent southern property. If the zone change request is successful, then the screening requirement noted here would not be applicable. 183 15. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. I 16. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 17. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Com- mission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. 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. Bert VanDyken - re number of cans and amount of Garbage Assessment Bert VanDyken of 408 North Sixth Avenue appeared before the Commission in regard to the garbage assessment. He complained about the system being used. He wondered if perhaps the assessment could be based on the numbers of cans that are being used in place of the number of rooms. The City Manager said the City is revaluating the whole structure. This includes the Garbage and the Landfill. American Federal Savings - permission to use a temporary structure corner of North Seventh Avenue and Durston Road A letter received from Robert L. Pennington, President of the American Federal Savings, I requesting permission to place a temporary structure on the site located at the corner of North Seventh and West Durston Road was presented. The American Federal Savings and Loan Association has an application with the City of Bozeman for a permanent structure to be built at the above address and which is scheduled for completion in mid-summer 1981. The temporary structure is 12' x 36' and is currently being used in Butte. The Conmission asked that permiSSion to place the temporary structure on the site located at North Seventh and Durston be delayed for a period of one week for further study. Public hearing - Commission Resolution No. 2243 - Final Assessment SID 601 - $87,204.87 Sanitary Sewer - Figgins Addition for final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2243, SID 601, Sanitary Sewer Improvements in Figgins Addition in the amount of $87,204.87. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2243 provisionally passed and adopted on Wednesday, November 5, 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. 2244 - Final Assessment SID 602 - Swrm Drain- $32,562.49 I Figgins Addition for final passage - This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2244, SID 602, Storm Drain in Figgins Addition in the amount of $32,562.49. There was no one present to protest and no written protests on file. The Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded py Conmissioner Stiff, that the Commission waive the one-week waiting period, and that -184 Commission Resolution No. 2244 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- s i oner Swanson, Commi ss i oner ~~athre, and ~1ayor ~,1acNab; those voti ng No, none. Public hearing - Commission Resolution No. 2245 - Final Assessment SID 603 - $94,133.55 I Water Main Improvements - Graf's First - Final passage This was the time and place set for a public hearing levying the final assessment on Commission Resolution No. 2245, SID 603, Water Main in Graf's First Addition in the amount of $94,133.55. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2245 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. 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. Public hearing - Commission Resolution No. 2246 - Final Assessment SID 604 - $81,661.08 Sanitary Sewer Improvements in Graf's First Addition - Final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2246, SID 604, Sanitary Sewer Improvements in Graf's First Addition in the amount of $81,661.08. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2246 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- I ing Aye and Np vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Public hearin~ - Commission Resolution No. 2247 - Estimated Assessment SID 605 - $350,000.00 Paving - Graf s First Addition - Final passage This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2247, SID 605, Paving in Graf's First Addition in the amount of $350,000.00. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2247 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing 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. 2248 - Final Assessment SID 607 - $156,451.23 Paving - McChesney Industrial Park - Final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2248, SID 607, Paving in McChesney Industrial Park in the amount of $156,451.23. There was no one present to protest and no written protests on file. The Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded I by Commissioner Stiff, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2248 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. 185 Public hearing - Commission Resolution No. 2249 - Final Assessment SID 608 - $356,271.58 Paving - Figgins Addition for final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2249, SID 608, Paving in Figgins Addition in the amount of $356,271.58. I There was no one present to protest and no written protests on file. The Mayor declared the 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. 2249 provisionally passed and adopted on WedneSday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- - ing 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. 2250 - Final Assessment SID 610 - $117,999.21 Water Improvements - Wagon Wheel Road - for final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2250, SID 610, Water Improvements on Wagon Wheel Road in the amount of $117,999.21. There was no one present to protest and no written protests on file. The Mayor declared the hearing closed, and it was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission waive the one-week waiting period, and that Commission Resolution No. 2250 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing Aye and No vote: those voting being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2251 - Estimated Assessment SID 611 - $115,000.00 I Paving - Woodridge - Final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2251, SID 611, Paving, Woodridge in the amount of $115,000.00. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2251 provisionally passed and adopted on WedneSday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing Aye and No vote: those voting being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Public hearin - Commission Resolution No. 2252 - Final Assessment SID 612 - Water Im rovements 15,9 6.11 - Westridge for final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2252, SID 612, Water Improvements, Woodridge, in the amount of $15,956.11. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2252 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing Aye and No vote: those voting being Commissioner Stiff, Commissioner Swanson, Commissioner I Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2253 - Estimated Assessment SID 613 - $190~000.00 Paving - Broadway for final passage This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2253, SID 613, Paving, Broadway, in the amount of $190,000.00. Les Fogle of 319 North Broadway was present and asked some questions in regard to the Paving in that area. There was no one present to protest and no written protests on file. -186 The Mayor declared the 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. 2253 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and ~layor MacNab; those voting No, none. I Public hearing - Commission Resolution No. 2254 - Final Assessment SID 614 - $30,000.00 Paving - East Garfield for final passage This was the time and place set for a public hearing on levying the final assessment on Commission Resolution No. 2254, SID 614, Paving, East Garfield, in the amount of $30,000.00. There was no one present to protest and no written protests on file. The Mayor declared the 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. 2254 provisionally passed and adopted on Wednesday, November 5, 1980 be finally passed and adopted, and levied and assessed. The motion was carried by the follow- ing 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. 2255 - Estimated Assessment SID 616 - for provisional passage Paving West Koch between 20th and 23rd - hearing November 19, 1980 - $90,000.00 Commission Resolution No. 2255 levying the estimated assessment for SID 616, Paving and Storm Drain Improvements on West Koch Street between 20th and 23rd in the amount of $90,000.00, was presented, entitled: COMMISSION RESOLUTION NO. 2255 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- I TRICT NO. 616 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. 616. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commissioml Resolution No. 2255 be provisionally passed and adopted and Wednesday, November 19, 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. 2256 - Final Assessment SID 617 - for provisional passage - Paving Alley in BlockC - Original Townsite - $33,533.42 - Public hearing November 19, 1980 Commission Resolution No. 2256 levying the final assessment for SID 617, Paving alley in Block C, Original Townsite in the amount of $33,533.42, was presented, entitled: COMMISSION RESOLUTION NO. 2256 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESS~1ENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 617 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. 617. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2256 be provisionally passed and adopted and Wednesday, November 19, 1980 be I 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. 187 Commission Resolution No. 2257 - Estimated Assessment SID 619 - for rovisional - Water Main - Lea Avenue - 24,300.00 - Public hearing November 19, 1980 Commission Resolution No. 2257 levying estimated assessment for SID 619, Water Main Improve- ments, Lea Avenue, in the amount of $24,300.00, was presented, entitled: COMMISSION RESOLUTION NO. 2257 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 DIS- TRICT NO. 619 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. 619. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution No. 2257 be provisionally passed and adopted and Wednesday, November 19, 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. 2258 - Estimated Assessment SID 620 for rovisional - Pavin - B ac more Pace - 14,000.00 - Pu 11C Hearlng November 19, 1980 Commission Resolution No. 2258 levying estimated assessment for SID 620, Paving, Blackmore Place, intheamount of $14,000.00, was presented, entitled: COMMISSION RESOLUTION NO. 2258 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. 620 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. 620. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission I Resolution No. 2258 be provisionally passed and adopted and Wednesday, November 19, 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, Commis- sioner Swanson, and Mayor MacNab; those voting No, none. Authorization for City Attorney to proceed with condemnation suit - Burlington-Northern north of town The Burlington Northern Railway refused to give the City of Bozeman permission to put another line on the existing easement located north of the City. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the City Attorney be authorized and directed to proceed with the condemnation suit. The Commission further instructed the City Attorney to return with the name of an appraiser and the estimated cost of the appraisal, as well as the legal description. 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. Application for Raffle License - MSU Future Secretary's Association - December 12, 1980 The City Manager presented an application for a raffle license along with the appropriate fee from the MSU Future Secretary's Association for a raffle to be held on December 12, 1980. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for a raffle license as presented. The motion was carried by the follow- I ing 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 - MSU Karate Club - November 29, 1980 The City Manager presented an application for a raffle license along with the appropriate fee from the MSU Karate Club, for a raffle to be held on November 29, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for a raffle license as presented. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. 1'88 Report - Building Inspector The report of the Building Inspector was presented for comments on Wednesday, November 19, 1980. Repurchase Agreement Commissioner Stiff commented on the advisability of having one Repurchase Agreement on a continued basis rather than three. The administrator obviously would be much simpler. I The City Attorney was directed to proceed with a canvas of all outstanding coupon holders, to receive the 50% approval necessary to accomplish the single Re-purchase Agreement format. In the meantime, the City Attorney and the City Manager will discuss the advisability of paying off the outstanding water bonds prior to, or after approval of the new water rates as proposed. Meeting of the Audit Committee on Wednesday, October 5, 1980 A short discussion was held on the meeting of the Audit Committee held on Wednesday, October 5, 1980. Architect to draw up plans for the addition to the City Hall for the installation of the Elevator It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the City proceed with the installatinn of the addition to the City Hall to include: 1- A 12' X 17' addition 2. Two floors 3. An elevator 4. Entry on first floor 5. Limited remodeling in basement and on first floor 6. Sidewalks 7. Architectural costs as prepared by BGS Architects. 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. It was then moved by Commissioner Stiff, seconded by Commissioner Swanson, that the City I hire BGS Architects to proceed with drawing up the plans for the addition to the City Hall. 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. Animal Control Workshop - Billings, MT, November 22-23, 1980 An animal control workshop has been scheduled to be held in Billings on November 22-23, 1980, and the Chief of Police has requested authorization to send the Animal Control Officers to the tWO-day session. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the two Animal Control Officers be granted permission to attend the session and, it being in the public interest their expenses be paid out of the appropriate fund. 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. Adjournment With no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those v ng Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissio er wanson, and Mayor MacNab; those voting No, none. I ATTEST: IN &.oI~ d! uit'j1d~ ERNA V. HARDING, Clerk of the City Commission