HomeMy WebLinkAbout1981-04-08
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Bozeman, Montana
April 8, 1981
The Commission of the City of Bozeman met in regular session in the Commission Room,
Mtinicipal Building, April 8, 1981, at 1:15 oiclock p.m. Present were Mayor MacNab, Commissioner
Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Interim City Manager John
Evans, City Attorney Planalp, and the Cierk. I
The meeting was opened with the ?ledge of Allegiance and a prayer by Commissioner Stiff,
whereupon the minutes of the regular meeting held on Wednesday, Apr11 1, 1981, were approved as
submitted.
Consideration of Bids - Elevator for Municipal Building
The City staff reviewed the bids for the installation of an elevator for the Municipal Building.
The bid submitted for the elevator installation by Taylor Construction, Bozeman, Montana, in
the amount of $63,000.00 was the low bid and met or exceeded the specifications in the "Call for
Bids".
The Commission concurred in the recommendation of the Building Inspector and it was moved
by Commissioner Vollmer, seconded by Commissioner Stiff, that the City accept the bid of Taylor
Construction in the amount of $63,000.00, as submitted.
Joint public hearing - County Commission and City Commission - Proposed Master Plan Amendment Procedure
This was the time and place set for a joint public hearing between the Bozeman City Commission and
the Gallatin County Commission for the purpose of hearing a proposed ~1aster Plan Amendment Procedure.
The proposed amendment process will, among other requirements, require submission of certain data
and information by prospective applicants seeking to change or modify certain aspects of the Bozeman
Area Master Plan. The proposed amendment process also provides for required public hearings as a
part of each Master Plan Amendment request.
After considerable discussion the public hearing was continued until May 13, 1981-
~ontinued hearing - Zone Map Change - Walter Nacey - AS to R-MH I
This was the time and place set for the continued hearing to consider the Zone Map Change
requested by Walter Nacey.
The applicant seeks a change in the City's Official Zoning Map on a 50 acre tract of land
located one-half north of Durston on Nineteenth and abuting the northwest corner of the Covered
Wagon Trailer Court.
The Commission acknowledged the receipt of two (2) petitions signed by landowners opposing
the Zone Change. Mr. Albert Frost of 815 Blackmore and Mr. Dan Klusmann of 827 Blackmore appeared
before the Commission to verbally oppose the Zone Map Change, stating that traffic and safety
problems would be greatly increased if a mobile home development were allowed.
The public hearing is to be continued for an indefinite period of time.
Story Hills Annexation Report
This was the time and place set for the continued hearing on the Story Hills Annexation Report
for a decision and possible adoption.
The hearing was opened. After considerable discussion, it was decided that the project needs
further consideration, and the hearing was continued for one week.
Public hearing - Zone Code Amendment - Joseph Sabol - Chapter 18.72.150 (to allow utility substations
as a conditional use in B-2 District
This was the time and place set for the continued public hearing to consider the Zone Code
Amendment requested by Mr. Joe Sabol.
The Applicant seeks an amendment to the City Zoning Code which if approved, would change I
Chapter 18.72.150 to allow utility substations as a conditional use in a B-2 District.
The hearing was opened. It was moved by Commissioner Stiff, seconded by Commissioner Swanson,
that the Commission waive the one-week waiting period for a decision. 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.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission
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approve the Zone Code Amendment changing Chapter 18.72.150 to allow utility substations as a
conditional use in a B-2 District. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Mayor
MacNab; those voting No, None; Commissioner Vollmer abstained.
Continued public hearing - Zone Map Change - J. R. Williams and R. L. Hawks (R-4 to R-O) to be
I continued
This was the time and place set for the continued public hearing to consider the Zone Map
Change requested by J. R. Williams, and R. L. Hawks.
The Applicants wish to change Lots 6-8 Block 6, West Park Addition from an R-4 (Residential-
Medium Density Apartment) to R-O (Residential-Office) District. This site is located at the south-
east corner of West Babcock Street and South 11th Avenue at 1016 West Babcock and contains approxi-
mately 13,124 square feet.
The hearing was opened and is to be continued until a recommendation from the Zoning Commission
is received.
Continued public hearing - Zone Map Change - Virgil Jahnke - R-2 to R-2-A
This was the time and place set for the continued public hearing to consider the Zone Map
Change requested by Virgil Jahnke.
The Applicant wishes to change the zoning of the NE~ of Section 10, T2S, R5E from R-2 to
R-2-A, which is located south of and adjacent to West Durston. The site size contains approximately
130 acres.
The hearing was opened. The Mayor declared the public hearing closed and a decision will be
forthcoming in one week.
Continued public hearing - Zone Map Change - Maurice Klabunde - R-4-T to B-2-T - to be continued
This was the time and place set for the continued public hearing to consider the Zone Map
Change requested by Maurice Klabunde.
I The Applicant wishes to change the SE~, SE~, Section 11, T2S, R5E, from R-4-T (Medium Density-
Residential Apartment - Transitional) to B-2-T (Highway Business Commercial - Transitional) which
is located approximately 300 yards south of the University Plaza Shopping Center and east of and
adjacent to South 23rd Street. The site is approximately 5 acres.
The hearing was opened and is to be continued until a recommendation fromfue Zoning Commission
is received.
Continued public hearing - Zone Code Amendment - Joseph Sabol - Chapter 18.95.030
This was the time and place set for the continued public hearing to consider the Zone Code
Amendment requested by Joseph Sabol.
The Applicant seeks an amendment to the City Zoning Code which if approved would require the
City Commission, upon request, to prepare written findings for supporting its approval or denial of
a particular rezoning request.
The public hearing was opened. The Mayor declared the public hearing closed, and a decision
will be forthcoming in one week.
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. Minimum 7,500 square
foot lot shall be included to insure uniformity of lot sizes based upon the R-2 District
This was the time and place set for the continued public hearing of the City/County Planning
Staff for a Zone Code Amendment - Chapter 18.21.
The proposed amendment, if adopted, would provide for future city-sized lots in subdivisions
featuring initial lots of less than three acres in size.
I The public hearing was opened. The Mayor declared the hearing closed, and a decision will be
forthcoming on April 15, 1981.
Continued hearing - Commission Resolution No. 2305 - Intent to Create SID 633 - Water Main and Sewer
West Main Business Plaza
Commission Resolution No. 2312 - Creation of SID 633 - Water Main and Sewer
West Main Business Plaza
Having continued the hearing on Commission Resolution No. 2305, the Intent to Create SID No. 633,
Watermain and sewer construction in West Main Business Plaza, it was again brought before the Commission.
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There being no objections to the creation of the district, it was moved by Commissioner Mathre,
seconded by Commissioner Vollmer, that the one week waiting period be waived. 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. 2312, creating SID No. 633, Watermain and Sewer - West Main Business
Plaza, as prepared by the City Attorney, was presented, entitled: I
COMMISSION RESOLUTION NO. 2312
A RESOLUTION OF THE CITY COMtnssION OF THE CITY OF BOZH1AN, ~10NTANA,
CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE-
MENT DISTRICT NO. 633 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A WATERMAIN, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES, AND
PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED
AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON PROFESSIONAL
DRIVE IN THE WEST MAIN BUSINESS PLAZA: AN EIGHT (8) INCH SANITARY SEWER
IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND
STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT,
INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN
THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN, SANITARY SEWER AND
STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BED-
DING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SANITARY
SEWER LINES, MANHOLES, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING
WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution
No. 2312, creating SID No. 633, be passed and adopted. The motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson,
Commi ssi oner Mathre, and Mayor ~1acNab; those voting No, none.
Continued hearing - Commission Resolution No. 2306 - Intent to Create SID 634 - Sewer - West Main
Business Plaza
Commission Resolution No. 2313 - Creation of SID 634, Sewer, West Main Business
Plaza I
Having continued the hearing on Commission Resolution No. 2306, the Intent to Create SID No.
634, Sewer Construction, West Main Business Plaza, it was again brought before the Commission.
There being no objections to the creation of the district, it was moved by Commissioner Stiff,
seconded by Commissioner Swanson, that the one week waiting period be waived. 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. 2313, creating SID 634, Sewer, West Main Business Plaza, as prepared
by the City Attorney was presented, entitled:
COMMISSION RESOLUTION NO. 2313
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE-
MENT DISTRICT NO. 634 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION
OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PRO-
PERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH
SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON WEST MAIN STREET
BETWEEN BABCOCK AND COLLEGE STREETS, ALL IN THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE
ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER
MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER ~ECESSARY
APPURTENANCES.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Commission Resolution
No. 2313, creating SID No. 634, be passed and adopted. 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
Public Hearing - Representatives supporting proposals
This was the time and place set for the public hearing on proposals for the programming of
HUD funds - Approximately $200,000.00.
Representatives from Battered Women's Network, Housing for Developmentally Handicapped,
Housing for Montana State UniverSity Students, and Legion Housing Tenants Committee were present to
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present their proposals for the use of funds.
Battered Women's Network proposes to buy property in the Bozeman Area for the continued expan-
sion of facilities to aid wives and children who are victims of abuse.
REACH, Inc. wishes to acquire additional housing for placement of developmentally handicapped
adults.
I Montana State University is requesting HUD funds to be used for the purpose of creating additional
accessible living units for students, especially those students who are disabled.
American Legion Tenants Committee proposes to rehabilitate Legion Housing and to continue to
manage it as low and moderate income housing.
The Commission acknowledged receipt of a petition signed by property owners in the vicinity of
Legion Housing, opposing rehabilitation of the housing project.
The Commission also acknowledged receipt of a petition signed by tenants of Legion Housing
supporting the merits of rehabilitation of the project.
Jill Martin, legal representative for Legion Housing Tenants, presented the legal implications
of relocating the tenants.
After considerable discussion the Mayor declared the public hearing closed, and a recommendation
from the Staff will be forthcoming.
Public Hearing - Commission Resolution No. 2310 - Creation of SID 634 - Sewer - Adjacent to Block 2
~riangle Area Annexation
This was the time and place ,set in Commission Resolution No. 2310 to hear protests to the
creation of Special Improvement District No. 635 for the purpose of construction and installation of
a sanitary sewer main in Triangle Area Annexation. Affidavit of publication of notice and the Clerk's
mailing certificate, stating all property owners had been notified as required by law was presented.
There were no written protests on file and no one appeared to protest verbally.
The Mayor declared the hearing closed, and a decision will be forthcoming April 15, 1981.
Public Hearing-Commission Resolution No. 2311 - SID No. 627 - Intent to Create Sanitary Sewer Lot 1
I Triangle Annexation
This was the time and place set in Commission Resolution No. 2311 to hear protests to the creation
of Special Improvement District No. 627 for the purpose of construction and installation of a sanitary
sewermain in Lot 1, Triangle Area Annexation. Affidavit of publication of Notice and the Clerk's
mailing certificate, stating all property owners had been notified as required by law was presented.
There were no written protests on file and no one appeared to protest verbally.
The Mayor declared the public hearing closed, and a decision will be forthcoming April 15, 1981.
Burlington-Northern - Construction and Maintenance Agreement - Kack Property
A Construction and Maintenance Agreement between the City of Bozeman and Burlington Northern,
Inc. for a project which includes construction of a new public street over, along and across the
Railroad's right of way and Exxon spur track of its Rocky Mountain First Subdivision located in Section
6, T2S, R6E, M.P.M., was presented.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve
the Construction and Maintenance Agreement as presented, and the Mayor and Clerk of the Commission be
authorized and directed to sign the Agreement for the City of Bozeman. 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.
_~ontracts for signature - Bozeman Municipal Library - Corson Landscapinq - $10,875.00 and Lawson's
Greenhouse - $4,868.00
The Contract Documents for the landscaping for the new Library as prepared by Mattson, Prugh
and Lenon, were presented. The City Manager recommended that the Contract Documents in the amount
I of $10,875.00 as submitted by Corson Landscaping, Bozeman, Montana, be approved.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Contract Documents
be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts
for the City of Bozeman, and that Corson Landscaping be authorized and directed to proceed with the
landscaping of the new Library. 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.
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The Contract Documents for the irrigation for the new Library as presented by Mattson, Prugh
and Lenon, were presented. The City Manager recommended that the contract documents in the amount
of $4,868.00 as submitted by Lawson Greenhouse of Bozeman, MT be approved.
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Contract
Documents be approved and the Mayor and Clerk of Commission be authorized and directed to ptoceed
with the irrigation project for the new Library. The motion was carried by the following Aye and I
No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre,
Commissioner Vollmer, and Mayor MacNab; those voting No, none.
Park Department - "Call for Bids" - One 1981 Trailer ~10unted Brush Chipper
The Park Department has need for a new trailer mounted brush chipper and the City Manager
requested authorization to call for bids for the purchase of one brush chipper, with a 1966 Wayne
Brush Chipper as trade-in, at a price of approximately $9,000.00.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the purchase of
one new trailer mounted brush chipper, it being a budget item, be authorized, and the Clerk of the
Commission be authorized and directed to issue a "Call for Bids" for the purchase to be received
on Wednesday, April 22, 1981. 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.
Permission for Molly Pratt, Peg Hileman, Terri Dood, and Elizabeth Waddington to attend annual
conference of the Montana Library Association - Missoula, Montana, May 14-16, 1981
The annual conference of the Montana Library Association meeting is scheduled to be held in
Missoula, MT., May 14-16, 1981, and the Librarian, Peg Hileman, Molly Pratt, Terri Dood and Elizabeth
Waddington have requested permission to attend this meeting. The total cost for Molly Pratt and
Peg Hileman will be $260.00, and the total cost for Terri Dood and Elizabeth Waddington will be
$337.00.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the above listed
persons be granted permission to attend the meeting, and it being in the public interest, their I
expenses be paid out of the appropriate fund. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson; those
voting No being Commissioner Vollmer, and Mayor MacNab.
Plans and Specifications - Call for Bids - Construction of SDS Improvement Schedule 2 and 3 Sewer
lnterceptor - Opening date for Bids May 13, 1981
Plans and specifications covering the proposed construction of Treatment Plant expansion as
prepared by Thomas, Dean & Hoskins, Inc., consulting engineers, were placed before the Commission.
Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by
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Commissioner Stiff, that the plans and specifications as presented be approved, and the Clerk of
the Commission be authorized and directed to publish a "Call for Bids" for the construction of
SDS improvements, Schedule 2 and 3 Sewer Interceptor - bids to be received on Wednesday, May 13,
1981. 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.
Plans and Specifications - Call for Bids - Construction of New SDS Plant - Opening Date-May 13, 1981
Plans and specifications covering the proposed construction of New SDS Plant as prepared by
Thomas, Dean and Hoskins, Inc., consulting engineers, were placed before the Commission.
Upon recommendation of the City Manager, it was moved by Commissioner Stiff, seconded by
Commissioner Swanson, that the plans and specifications as presented be approved, and the Clerk
of the Commission be authorized and directed to publish a "Call for Bids" for the construction of I
the New SDS Plant to be received on Wednesday, May 13, 1981. 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.
File Report - Building Inspector
The ctty Manager commented on the report of the Building Inspector and recommended that it be
accepted and ordered filed.
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It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the report be
accepted and it was ordered filed. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis-
sioner Stiff, and Mayor MacNab; those voting.No, none.
Raffle License - M.S.U. Psi Chi - April 13-23,1981
I The City Manager presented an application from Psi Chi Fraternity, along with the appropriate
fee for the purpose of holding a raffle on April 13-23, 1981.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission
approve the application for the raffle license. The motion was carried by the following Aye and
No vote; those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff,
Commissioner Swanson, and Mayor MacNab; those voting No, none.
Absence of Mayor MacNab - April 15, 1981
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Mayor MacNab be
excused fromUhemeeting of April 15, 1981, in compliance with Section 7-3-4349 M.C.A., and that
Commissioner Vollmer be appointed Mayor Pro-Tempore during his absence. 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.
Recessed: 5:45 p.m. - Executive Session
Reconvened: 6:00 p.m.
Adjournment:
DUNCAN S. MACNAB,
Mayor
I ATTEST:
ERNA V. HARDING
Clerk of the City Commission
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