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HomeMy WebLinkAbout1981-03-18 . 282 Boi~~an, J Montana March 18, 1981 The Commission of the City of Bozeman met in regular session in the Commission Room, t~unicipal Building, March 18, 1981, at 1:15 p.m. o'clock. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I The Commission Meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre, whereupon the minutes were approved as submitted. Confirmation of Police Officer Melvin McCarver - Bozeman Police Department The Police Chief reported that Police Officer McCarver had satisfactorily completed the required one-year probationary period and recommended that Officer McCarver be confirmed as a regular officer of the Bozeman Police Department effective March 1, 1981. The City Manager concurred in the recommendation of the Police Chief. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the confirmation of Officer Melvin McCarver be approved and he be congratulated upon completing the one year probationary period. 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 t~acNab; those voting No, none. Consideration of bids - Landscaping and Irrigation for New Municipal Library The City staff reviewed the bids for landscaping and irrigation for the new Municipal Library. The bid submitted for landscaping by Corson Landscaping in the amount of $10,875.00 was the low bid and met or exceeded the specifications in the "Call for Bids". The Commission concurred in the recommendation of the City Staff, and it was moved by Commis- sioner Stiff, seconded by Commissioner Swanson, that the City accept the bid of Corson Landscaping in the amount of $10,875.00, as submitted. 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. I The bid submitted for irrigation by Lawson Greenhouse in the amount of $4,868.00 was the low bid and met or exceeded the specifications in the "Call for Bids". The Commission concurred in the recommendation of the City staff, and it was moved by Commis- sioner Swanson, seconded by Commissioner Mathre, that the City accept the bid of Lawson Greenhouse in the amount of $4,868.00, as submitted. 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. Consideration of Bids - 42,000 lbs. Sodium Silicofluoride for Water Department The City staff reviewed the bids for 42,000 lbs. sodium silicofluoride for the Water Department. The bid submitted for sodium silicofluoride by Dyce Engineering of Billings, MT., in the amount of $21.60 per hundred weight, delivered, was the low bid and met or exceeded the specifications in the "Call for Bids". The Commission concurred in the recommendation of the City staff, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the City accept the bid of Dyce Engineering in the amount of $21.60, cwt, delivered, as submitted. 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. Continued hearing - Zone Map Change - Walter Nacey - AS to R-MH This was the time and place set for the continued hearing to consider the Zone Map Change requested by Walter Nacey. I The Applicant seeks a change to the City's Official Zoning Map on a 50 acre tract of land located one-half mile north of Durston on Nineteenth and abuting the northwest corner of the Covered Wagon Trailer Court. The Commission acknowledged the receipt of a petition signed by landowners in that area, pro- testing the Zone Map Change, and the public hearing will be continued for a periOd of two weeks. 283 Decision - Zone Code Amendment - Section 18.06.580 (Efficiency Unit - defined 18.72.080 and 18.72.090 (Condltlonal Use Permlt ModlflcatlonjUtlllzatlOn) - The request for a Zone Code Amendment by the Planning Staff was presented for a decision. The Applicant wishes to redefine efficiency units in Chapter 18.06.580 in which the wording will parallel the Uniform Building Code definition. The existing wording creates conflicts in the Zoning I Code due to the apartment references because efficiency units are allowed in certain districts that do not allow apartments. Proposed wording referring to one habitable room is clearer and more precise than the existing description of the room. 18.06.580 - Unit, Efficiency - An efficiency unit is a dwelling unit containing only one habitable room with a floor area of at least 450 square feet. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Zone Code Amendment to Section 18.06.580. 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. 18.72.080 - The proposed amendments to 18.72.080 expands the joint authority of the Planning Director and Building Official to review and approve modifications of previously reviewed projects. Review criteria would be based upon the approved conditions previously imposed and the neighborhood character. It should be noted that the Building Official or the Planning Director are not allowed to impose additional conditions via this process. If the proposed modifications are such that either official finds a need for additional conditions, then the modifications should be reviewed via the normal public hearing process. The City Commission is the proper authority to impose any additional conditions after a public hearing and presentation by the applicant. Clarification of how the modifications are documented is presented as well as noting the procedure to be followed if the modification request is denied. It was moved by Commissioner Stiff, and seconded by Commissioner Swanson, that the Commission approve the Zone Code Amendment to Section 18.72.080. The motion was carried by the following Aye I and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. 18.72.090 - The proposed amendments for this section clarify the time periods alloted for each step of the review process following action by the City Commission. At this time, confusion exists because of the two events noted in the first paragraph. The effective date is not defined in the present code and is usually (in practice) not the same date when a building permit is issued. Usually, an application at the time the City Commission acts on it requires some modification or additional information prior to final approval by the Planning Director. Therefore, six (6) months is proposed within which an applicant is to submit and receive final site plan approval. Currently, an applicant could go as long as eighteen (18) months before submitting a final site plan for review and approval. This is too long betwen public hearing and final review. The current eighteen (18) months is still retained in Sub-paragraph-b for the applicant to acquire a build permit and complete the project per the final site plan. The proposed amendments do address larger projects, such as Woodbrook, which cannot possibly be completed in eighteen (18) months. The applicants in these instances will be required to submit a specific phased schedule during the review process. The second paragraph's amendments reflect changes necessitated by re- vising the first paragraph. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Zone Code Amendment to Section 18.72.090. 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. I Continued Public Hearing - Planning Staff - Zone Code Amendment Chapter 18.21 - Provide flexibility to design future lots around cul-de-sacs, terrain features and property shape. Minumum 7,500 square foot lot shall be included to insure uniformity of lot sizes based upon the R-2 district The hearing on the request of the Planning Staff for A Zone Code Amendment was continued for a period of two weeks for further study. 2'84 Dan Henderson/D. V. Norris - request for reconsideration of removal of "T" from property on northeast corner of Babcock Street and Eleventh Avenue Dan Henderson's request for reconsideration of removal of "T" from property on northeast corner of Babcock Street and Eleventh Avenue having been delayed for a period of one week for a decision, was presented. ~1r. Norri s, owner of the property, has requested removal of "T" and has authori zed r~r. Henderson I to act in his behalf. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission reconsider the request for removal of the "T" designation. The motion was carried by the following Aye and No vote: those voting being Commissioner Mathre, Commissioner Swanson, and Mayor MacNab; those voting No, Commissioner Vollmer, and Commissioner Stiff. Story Hills Annexation Report The City Manager advised the Commission that the staff had reviewed the Story Hills Annexation Report. They had discussed the water situation and the roads in that area. Rick Mayfield gave a short summary of the Annexation Report. He said the repeated delays have put a stumbling block on the project. Mr. Mayfield said it would be appropriate to discuss the pro- posed development with Morrison and Maierle, the engineers for the project. Mr. Mayfield suggested that the City enact a fee on the developer to help finance road improvements necessitated by the development. Eddie Juvan, Geologist for the United States Soil Conservation Service appeared before the Commission to discuss the water situation on Story Hills. He said the Developer would have to drill wells off of the development. Morrison-Maierle presented information concerning the wells and advised the Commission that there were conflicting statements pertaining to Mr. Juvan's report. Following an extensive discussion it was recommended that it be brought back for a decision and possible adoption on April 1, 1981. Executone Company - request for waiver of "T" Conditional Use Process I Mr. Keith Wilson, President, Executone Systems of Montana appeared before the Commission to request a waiver of the conditional use process. Executone Company, a private telephone company, has leased the structure off Griffin Drive formerly occupied by a sheet metal company and are in the process of remodeling and plan to move into the building within several weeks. Because of the time element involved in the conditional use process, Executone Systems requests a waiver of the conditional use process. After discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that a waiver of the Conditional Use Process be approved. 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. Gardner-Simmental Plaza Subdivision - request for release of easement between lots 6 and 7, Tract 7 United Parcel Service has requested a release of the easement between Lots 6 and 7, Tract 7, Gardner-Simmental Plaza Subdivision. A utility easement runs adjacent to the common boundary of the two lots, which will run straight through any building to be constructed. The City Engineer suggested that the easements could be released, and utilities provided to the lots in another manner. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the easement be released. The mot ion wa s ca rri ed by the fo 11 owi ng Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. I Discussion of Peach Street paving proposal - from Rouse to Church Avenue The City Manager advised the Commission that the owners of the Kwik Way were out of town and asked that discussion on the proposal be delayed for several weeks. 285 Request for waiver of employee residence restriction Mickey R. Lessley, a member of the Bozeman Police Department, has requested a waiver of employee residence restriction to allow him to move his trailer to property on Cobb Hill Road. The location is 3~ miles from the City limits. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission I deny the request for waiver of employee residence restriction. 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. Contract Documents for Signature - Boylan Excavating - SID 626, 627, 629, and Long Construction - SID 630 The contract documents for the construction of SID No. 626, in the amount of $9,188.00, SID No. 627 in the amount of $20,981.75 and SID No. 629 in the amount of $51,119.30, awarded to Mike Boylan Excavating, and SID No. 630 in the amount of $68,934.00 awarded to Long Construction of Billings, Montana, as prepared by Thomas, Dean & Hoskins, consulting engineers for the construction of SID 626, 627, 629, and 630, were presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the contract documents, and the Mayor and the Clerk be authorized and directed to sign the contracts for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commi ssi oner Stiff, Commi ssi oner Swanson, Commi ss i oner t1athre, Commi ss i oner Vollmer, and Mayor MacNab; those voting No, none. Commission Resolution No. 2311, SID No. 627 - Intent to Create - Sewer Main Improvements, Citizens Bank Stratford and Town Pump Annexation Commission Resolution No. 2311, declaring the intention to create SID No. 627, Sewer Main Improve- ments, Citizens Bank - Stratford and Town Pump Annexation in the amount of $30,000.00 as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2311 I 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 IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 627 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND TWELVE (12) INCH SEWER MAIN AND THE NECESSARY APPUR- TENANCES IN LOT 1, TRIANGLE AREA ANNEXATION TO THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERALS AND MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER LINES, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER APPURTENANCES THERETO. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2311 be passed and adopted, and April 8, 1981 be the date set for a public hearing. The motion was ca rried by the fo 11 owi ng Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Petition - Triangle Annexation - requesting SID Improvements Tracts 2 & 4, Block 2 A letter from Thomas E. Lane petitioning the City of Bozeman to create a special improvement district for the purpose of extending sewer service to Tracts 2 and 4, Block 2 of the Triangle Annexa- tion, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the petition. 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. I Commission Resolution No. 2310 - SID 635 - Intent to Create - Triangle Annexation Commission Resolution No. 2310, declaring the intention to create SID No. 635, Sewer Main Improve- ments, Triangle Annexation, in the amount of $13,000.00 as prepared by the City Attorney was presented, entitled: 286 COMMISSION RESOLUTION NO. 2310 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 IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 635 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER LATERAL AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY APPURTENANCES ON WEST MAIN STREET ADJACENT TO BLOCK 2, TRIANGLE ANNEXATION IN THE CITY OF BOZEMAN, I MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER LATERAL SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES AND OTHER NECESSARY APPURT- ENANCES THERETO. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer that Commission Resolution No. 2310 be passed and adopted, and April 8, 1981, be the date set for a 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. Gallatin Shrine Club - Permission to hang a banner across ~1ain Street - Shrine Circus - April 3, 1981 A request from the Gallatin Shrine Club for permission to hang a banner across Main Street for the purpose of advertising the Shrine Circus, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Gallatin Shrine Club be granted permission to place the banner across Main Street. 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 Mad/at>; those voting No, none. Parade - Skate Castle - Southern Montana Sharing and Caring - March 29, 1981 The Skate Castle requested permission to conduct a parade on Sunday, ~1arch 29, 1981 in connection with the Southern Sharing and Caring. The parade is to begin at Buttreys Shopping Center, proceeding down Main Street to Seventh Avenue, North on Seventh Avenue to the Skate Castle, where it will disband. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the request to conduct the parade be granted. 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. Discussion - concerning City personnel - private planes for City business There was a short discussion concerning City personnel using private pl1anes for City business. The City Manager read a letter from Virgil Jahnke. Mr. Jahnke advised the City Manager that the total operational cost for the three trips would amount to $682.02. He further advised the City Manager that if he wished he could pay the $682.02 or whatever portion he wished to pay. The City Manager recommended that the City pay Mr. Jahnke $424.00 for the use of the plane. Mayor MacNab recommended that a committee be appointed to establish a criteria for donations. Update on Audit from Coopers and Lybrand An update on the Audit from Coopers and Lybrand, confirming a letter sent to the Department of Community Affairs in January, was presented. The original contract for the 1980 audit was $38,500.00. Coopers and Lybrand included a summary of actual and estimated time and expenses for the year ended June 30, 1981, in the amount of $68,271.00, or an additional expense of $29,771.00. An extensive discussion was held in regard to the update on the audit. Report: Broad Valleys Federation I The report of the Broad Valleys Federation was presented for acknowledgement and filing on Wednesday, April 1, 1981. Condemnation - Land for sewer plant The City Attorney advised the Commission that the City had won the condemnation suit on properties porposed for the new Waste Water Treatment Plant presently owned by Smiley's. 287 Recessed - 4:45 p.m. for executive session The executive session was recessed until 7:00 a.m. on Thursday, March 19, 1981. Executive Session reconvened 7:00 a.m. Thursday, March 19, 1981 Reconvened: 7:45 a.m. Adjournment: 7:50 a.m. I 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, Commissioner Stiff, and Mayor MacNab; those voting No, none. ~--/----- ATTEST: ERNA V. HARDING Clerk of the City Commission I I