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HomeMy WebLinkAbout1978-08-09 (116 u..... August 9, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 9, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular I meeting held on Wednesday, August 2, 1978, were approved as submitted. Open Bids - Seal Coat Improvements This was the time and place set for opening bids for construction of Seal Coat Improvements. The Affidavit of publication of "Notice to Bidders" was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be opened and read, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. The following bid was then opened and read: Big Sky Paving Company, 1220 North Rouse $67,600.00 The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bid of Big Sky Paving Company be referred tothe engineers representing Thomas, Dean Hoskins and the engineering staff for final tabulation, consideration and a recommendation on Wednesday, August 16, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - A. Visocan - Construction of two 18 unit apartment buildings I located between Durston Road, Villard Street, Seventh Avenue and Ninth Avenue The decision on the request of A. Visocan for a Conditional Use Permit to allow the construct- ion of two 18 unit apartment buildings on approximately 3.98 acres of land located between Dur- ston Road, Villard Street, Seventh Avenue and Ninth Avenue having been delayed for a period of one week, was brought before the Commission for a final decision. Following a discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request for a Conditional Use Permit withthe following conditions: 1. The development be dictated by the sit plan submitted. - 2. Signing be limited to one low-profile wooden identification sign along each street frontage. Said signs shall not exceed three (3) feet in height and twelve (12) square feet in area. 3. The landscaping for Phase One shall have the following minimums: a) One flowering crabapple tree (minimum l~ inch minimum caliper) on each side of the Villard Street entrance. b) Two additional Boulevard trees (Le., lenden, ash, maple, minimum 2 inch caliper) along Villard Street. c) And two additional trees (same type and size as b) and two shrubs along the west- ern side of building three (3) to help soften the scale of the building as it relates to the single family residential structures along the western property line. A final landscaping plan for Phases Two and Three is required to be submitted before build- ing permits are issued for those buildings. I 4. The drainage plan submitted shall be reviewed and be approved by the City Engineering Department. 5. An improvement agreement be prepared to reflect on-site improvements to be completed prior to the issuance of a building permit. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. .. \.' 01-1 Decision - Conditional Use Permit - Southwood properties to construct 5,000 sq. ft. single building for offices and retail uses east of Willson Avenue and Kagy Boulevard The decision on the request of Southwood Properties for a Conditional Use Permit to construct a five thousand square foot single story building to be utilized for offices and retail uses along Kagy Boulevard, easterly of Willson Avenue having been delayed for a period of one week, was brought I before the Commission for a final decision. The Commission concurred in the recommendation of theCity Manager, and it was moved by Commis- sioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the request for a Conditional Use Permit with the following conditions: 1. That a final site plan, be submitted including,landscaping plan, sediment and erosion control plans, and a signage plan. 2. Signage shall be limited to a single directory sign to be located in the vicinity of the entrance and a single wall sign )extending a maximum of three (3) feet from the building) for each use, said signs shall not be placed upon the roof and shall not occupy greater than one-third (l/3) of the building frontage. No single wall sign shall exceed sixty (60) square feet in size. Decision - Zone Code Amendment - Planning Staff - Public notice requirements Section 18.72.030, l8.93.050 & l8.96.030 Having delayed action on the request of the Planning Staff to amend the zone code to eliminate Section 18.72.030, 18.93.050 and 18.96.030 of the Bozeman Municipal Code for a period of one week, it was again presented. The City Manager advised the Commission that posting of signs on properties calling attention to possible variances, rezonings and conditional use permits which have been requested for that property was something that had been done for approximately one year. Those persons present in favor of erecting signs on the property to call attention to the proposed action. Following discussion, the Commission concurred in the recommendation of the City Manager and I it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the posting of signs be continued and that the request to amend the zone code to eliminate Section l8.72.030, 18.93.050 and l8.96.030 of the Bozeman Municipal Code be denied. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Swanson, Commissioner Swanson, and Mayor Sedivy, those votirigNo being Commissioner Vollmer. Public Hearing - Conditional Use Permit - Carl Tange to construct 9,900 sq. ft. professional and business office building on 20.2 acre site bounded by future North Eleventh on the west, Baxter Lane on the north, future West Oak on the south, and Holiday Inn, Ramada Inn and Thrifty Scot on the east This was the time and place set for a public hearing to consider the Conditional Use Permit requested by Carl Tange to construct 9.900 square foot professional and business office building on 20.2 acre site bounded by future North Eleventh on the west, Baxter Lane on the north, future West Oak on the south, and Holiday Inn, Ramada Inn and Thrifty Scot on the east. The Planning Director presented the staff report which recommended approval thereof with four conditions. Doug Rand, local architect representing the applicant, addressed the Commission. He stated that the present proposed plan was basically the same plan as was presented when the zone change was requested. He stated that his client was in agreement with the staff recommendation. The City Engineer indicated that utilities are available to the site. However, because of the slope of the land, normal sewer installation may have to be supplemented by sewage lift stations. The Mayor declared the hearing closed and a decision on the request for a Conditional Use I Permit was delayed for a period of one week. Public Hearing - Conditional Use Permit - David Rutledge to construct convenient food store and aridself....servc.gasolirie staticnat the southeast corner of Griffin Drive and North Seventh Avenue This was the time and place set for a public hearing to consider the Conditional Use Permit requested by David Rutledge to construct a convenient food store and self-serve gasoline station at the southeast corner of Griffin Drive and North Seventh. The Planning Director presented the staff report and recommended approval of the Conditional Use Permit subject to four conditions. 018 ~~ Don Rutledge was present to answer any questions that might arise. He advised the Commission that there is one access off of North Seventh Avenue and one off of Griffin Drive. He stated the sign recommended by the Planning Staff is 20' high. He requested a 40' sign in order to compete with the other gasoline stations. The Planning Director stated they were trying to achieve consistancy in signing. He did not feel it was fair for the other person if one sign was higher than the other. I The Mayor declared the hearing closed and a decision on the request for a Conditional Use Permit was delayed for a period of one week. Public Hearing - Commission Resolution No. 1987 - Annex Far West Properties During the regular meeting of the City Commission held on July 12, 1978, the Commission passed and adopted Commission Resolution No. 1987 declaring its intention to extend the boundaries of the City of Bozeman so as to include the Far West Properties containing approximately ll2.2 acres. This being the date for public hearing as set forth in said Commission Resolution No. 1987, affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law was presented. Several persons were present to protest the annexation of the Far West properties. Edmund Sedivy, Jr., Attorney representing David E. Worley of 2813 West Babcock, James E. Wheeler of 2715 West Babcock and Charles M. Sternhagen of 2629 West Babcock was present to protest the Far West Annexation, and requested that the three properties be removed from the annexation. Following a thorough discussion on the Far West Annexation, the City Attorney advised the Com- mission that the protest period would still be open twenty days following the hearing. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission delay any amendment on the Far West Annexation for a period of one week. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, Commissioner Vollmer voted No and Commissioner Sedivy abstained. Public Hearing - Planning Staff - Zone Code Amendement - to reduce congestion and the need for I parking on public streets and hazards caused thereby and to provide off-street parking (to be tabled until August l7) This was the time and place set for a public hearing to consider the request of the Planning Staff for a zone code amendment to reduce congestion and the need for parking on public streets and hazards caused thereby and to provide off-street parking. The Planning Director stated the intent of the Zone Code Amendment is to reduce traffic con- gestion and the need for parking on public streets and the hazards caused thereby and to provide off-street parking and off-street loading berths adequate for each type of development in terms of both quantity and location. The City Manager recommended that the request for the zone code amendment be tabled pending a recommendation from the Zoning Commission. Commission Resolution No. 1994 - Granting provisional approval of downtown Off-Street parking assessment(SID 565) Public Hearing August 16 COMMISSION RESOLUTION NO. 1994 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. 565 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE- MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 565. levying the final assessment for the Down Town Off-Street parking, SID No. 565 in the amount of $750,000.00. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission I Resolution No. 1994 be provisionally passed and adopted and Wednesday, August l6, 1978, be the date set for public hearing, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Continued public hearing on budget The City Manager, assisted by the Director of Finance continued the public hearing on the budget for the fiscal year ending June 30, 1979. Discussion - re-realignment of City-County Planning and Zoning boundaries , ~. f uLJ The City Manager advised the Commission that upon reviewing the map showing the Bozeman three mile zoning control area, and the additional one and one-half mile subdivision review area he found that the respective legal distances were not at all accurate. He further stated that if the City were to guide growth intelligently, they must exercise their prerogative within this legal distance. The Planning Director said the planning and zoning boundaries have not been expanded along with I the new annexation. He stated that in some cases, the boundaries were never set at their limits. Major changes in the zoning boundary will be in areas northeast and southeast of the City. The City Attorney suggested that a definite action is necessaryby the Commission to establish new legal lines of influence around the City. The City Manager advised the Commission that this was brought to their attention so that it would be broached publicly and brought back for discussion and action. Salary Ordinance No. 1010 - for adoption Ordinance No. 1010, and Annual Salary Ordinance, covering salaries of the heads of departments and employees who are direct appointees of the Commission was presented, entitled: ORDINANCE NO. l010 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AN OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS PROVIDED BY LAW. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. lOlO be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Commissioner MacNab Excused Claims for July, 1978 I The payroll claims and the general claims for the month of July were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Library for July Police Court for July The City Manager commented on the reports and recommended they be accepted and order filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Authorize Mayor Sedivy to attend Mayor's Day - Sunday, August l3, 1978, Billings, Montana It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Mayor Sedivy I be authorized to attend Mayor's Day in Billings on Sunday, August 13, 1978, and, it being in the public interest his expenses be paid out of the appropriate fund. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer Commissioner Swanson and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer and Mayo -Sedivy, those voting No, none. ATTEST: ~~' .' /?~~~<<>~~___ & . / ~ a ~ JDMUND P. SEDIVY, SR., liAY7 1-" ,/)12',-- . , "1 t..... 11.,; /':----- ERNA V ~ HARDING, CLERK OF COMMlSSION (u,.,---, 020 August 14, 1978 SPECIAL MEETING OF THE CITY COMMISSION Bozeman, Montana The Commission of the City of Bozeman met in special session pursuant to Call by the City Manager in the Commission Room, Municipal Building, Monday, August 14, 1978, at 7:00 o'clock a.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Vande- venter, City Manager Gesko and the Clerk. The special meeting was called to discuss and set the tax levy for the year 1978-1979 in accordance with Section 11-1406 (5), R.C.M., 1947. I Commissioner Vollmer opened the meeting with a prayer and the following proceedings were had: Authorize absence of Commissioner Swanson - August 14, 1978 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the absence of Commissioner Swanson, from this meeting, be authorized in compliance with Section 11-3245, R.C.M., 1947. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Commission Resolution No. 1995 - All Purpose Annual Mill Levy 1978 - 1979 Commission Resolution No. 1995 setting the all purpose annual mill levy at 65.0 mills for all municipal purposes in lieu of the multiple levies authorized by statute, which levy does not include any levy necessary to service and pay bonded indebtedness or judgment in addition to the all-purpose levy as provided in Section 84-4701.1, and Section ll-2232, R.C.M., 1947 a tax of 7.0 mills on the outstanding General Obligation Bonds of the City of Bozeman was presented. Also included are Police Reserve/Training 2.0 mills, Health/Medical Insurance 3.0 mills and Liability Insurance 2.0 mills. The City Manager advised the Commission that pursuant to the provisions of Section 84-4729, R.C.M. , 1947, the total levy of taxes for the current fiscal year ending June 30, 1979, by reason of foregoing determination, will and shall be 79.0 mills. He stated that the overall effect would be a reduction of 0.5 mills. Following an inspection of the resolution and a thorough discussion thereof, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Commission Resolution No. 1995, I setting the total mill levy at 79.0 mills be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. ATTEST: . !: kn?,-<-./ J/~~ ERNA V. HARD lNG, CLERK OF COMM ON I