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HomeMy WebLinkAbout1978-08-16 . . OOt August l6, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municial Building, August 16, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- I ular meeting held on Wednesday, August 9, 1978, were approved as submitted. The minutes of the special meeting held on Tuesday, August 8, 1978, and Monday, August 14, 1978, were approved as submitted. Absence of Commissioner Swanson authorized - August 16, 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. Consideration of Seal Coat Improvements The Commission was referred to the opening of bids for the construction of seal coat street improvements. The engineers representing Thomas, Dean and Hoskins and the engineering staff having tabulated and analyzed the bid of Big Sky Paving Company, it being the only bid submitted, recom- mended that the bid be rejected. The bid of $67,600.00 was approximately 50% more than the engin- eers estimate for this project. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commis- sion concur in the recommendation of the engineering staff, also concurred in by the City Manager, and reject the bid of Big Sky Paving Company. 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. I Decision - Conditional Use Permit - Carl Tange to construct 9,900 sq. ft. bldg on 20.2 acre site The decision on the request of Carl Tange for a Conditional Use Permit to construct a 9,900 square foot professional and business office building on a 20.2 acre sitebounded 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 having been delayed for a period of one week, was brought before the Commission for a final decision. The Commission concurred in the recommendation of the City Manager, and it was moved by Com- missioner Vandeventer, seconded by Commissioner MacNab, that the request for a Conditional Use Permit with fue following conditions: 1. The development of the site be dictated by the site plan submitted. 2. The signing for the project be limited to the one sign proposed and at the location indicated on the plot plan. 3. A detailed landscaping plan showing type, location and size of trees and shrubs to be planted. This plan is to be submitted to the Planning Department for review and approval before a building permit is issued. 4. That a final drainage sediment and erosion plan be submitted to the city engineer for review and approval. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, thsoe voting No, none. Decision - Conditional Use Permit - David Rutledge to construct convenient food store and self serve gasoline station I The decision on the request of David Rutledge to construct a convenient food store and self serve gasoline station at the southeast corner of Griffin Drive and North Seventh Avenue having been delayed for a period of one week, was brought before the Commission for a final decision. Following a short discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that action be delayed for a period of one week in order that the Commission have a chance to make an on the ground inspection to see if the 20 foot sign would be high enough so that the applicant could compete with the other gasoline stations in the area. 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. - 022 Public Hearing - Commission Resolution No. 1988 - Intent to Create SID 600 Figgins Phase No. 4 Watermains This was the time and place set in Commission Resolution No. 1988, to hear protests to the creation of Special Improvement District No. 600, Watermain construction in Figgins Phase No. 4. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one I appeared to protest verbally. The Mayor declared the hearing closed and upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the City Attorney be instructed to draw up a resolution creating the district. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Com- missioner MacNab and Mayor Sedivy, those voting No, none. Public Hearing - Commission Resolution No. 1989 - Intent to Create SID 601 - Figgins Phase No. 4 Sanitary Sewer This was the time and place set in Commission Resolution No. 1989, to hear protests to the creation of Special Improvement District No. 60l, Sanitary sewer construction in Figgins Phase No. 4. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City Attorney be instructed to draw up a resolution creating the district. The motion was carried by the follow- ing Aye and No vote. those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer and Mayor Sedivy, those voting No, none. Public Hearing - Commission Resolution No. 1990 - Intent to Creat SID No. 603 - Graf's First Watermains This was the time and place set in Commission Resolution No. 1990, to hear protests to the I creation of Special Improvement District No. 603, Watermain construction in Graf's First Addition. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property own- ers had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City Attorney be instructed to draw up a resolution creating the district. The motion was carriedby the following Aye and No vote, those voting Aye being CommissionerMacNab, Commissioner, Commissioner Vollmer, Commis- sioner Vandeventer and Mayor Sedivy, those voting No, none. Public Hearing - Commission Resolution No. 1991 - Intent to Create SID No. 604 - Graf's First Sanitary Sewer This was the time and place set in Commission Resolution No. 1991, to hear the protests to the creation of Special Improvement District No. 604, Sanitary Sewer construction in Graf's First Add it ion. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the City Attorney be instructed to draw up a resolution creating the district. 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 vot- I ing No, none. Public Hearing - Commission Resolution No. 1992 - Intent to Create SID No. 606 - Paving Villard from Willson to Grand Avenue This was the time and place set in Commission Resolution No. 1992 , to hear the protests to the creation of Special Improvement District No. 606, Paving Villard Street from Willson to Grand Avenue. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all prop- erty owners had been notified as required by law were presented. The City Manager advised the Commission that a complication had arisen regarding paving Vil- lard Street from Willson to Grand Avenue. A portion of a grant from the Department of Housing and .' 02~ Urban Development had been proposed for this project. However, it is uncertain whether HUD will approve the paving if the project cannot be completed this year. The Assistant City Engineer advised the Commission that he did not feel the project could be completed this year. The Consulting Engineer felt competent that the award for the SID re- lating to the paving of Villard Street from Willson to Grand Avenue could be consumated this fall. I However, due to the weather conditions it was doubtful that this project could be finished. Attorney Salvagni appeared before the Commission to make a few comments on behalf of Mr. Visocan. Mr. Visocan owns the property on the corner of Villard and Willson Avenue. In 1974 an SID was created to pave Villard Street between North Tracy and North Willson Avenue. At that time the property owners had to pay the entire SID and Mr. Visocan feels it is unfair for the property owners in this area to have a portion of the SID paid by HUD. He felt that if the other block had been included in the initial SID it would have been protested out. Following an extensive discussion, it was moved by Commissioner Vollmer, seconded by Commis- sioner Vandeventer, that the public hearing be delayed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Public Hearing - Final Assessment - Commission Resolution No. 1994 - SID 565 - Downtown Off-Street Parking Commission Resolution No. 1994 levying the final assessment for the Downtown Off-Street Park- ing, SID No. 565, in the amount of $750,000.00 was presented entitled: 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 IM- PROVEMENT DISTRICT NO. 565 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. 565. I Several persons were present to protest the assessments for the off-street parking. Roger Craft protested the assessment for the Bozeman Hotel, saying there was no allowance made for interchanging parking spaces for daytime and nighttime uses. Mr. Craft pointed out the provis- ion is part of the present parking ordinance. Mike Hruska of the Bowl protested the assessment. He furnishes one-hundred percent for night- time parking and a greater percentage for daytime parking. :-Headv-isedthe Commission that his asses- ment is approximately $7,000.00 and ,eighty percent of its floor space is used for mach/alleys, not people. Steve Nelson, representing T.O.I., Inc, registered a general protest. The City Attorney ad- vised the Commission that all the protests can be heard today and can be referred to the engineers for study and if there are any errors they must be corrected. He further stated that when the resolutions levying the final assessment is passed the protests will no longer be heard. The owner of property has the right to pay the assessment under protest. The City Attorney also re- minded the Commission it was not holding a hearing to change the formula but to determine if there are inequities as the assessment formula is applied to properties. The Assistant City Manager said persons being assessed should come in to review their assess- ment. The Director of Finance told the Commission it had to make a final decision on the assessment by October in order to send out tax notices this year. Further discussion - Commission Resolution No. 1987 - Annex Far West Properties Having delayed any amendment on the Far West Annexation for a period of one week, it was I brought before the Commission for continued discussion. Several persons were present to again register their protests to the Far West Annexation. Following a thorough discussion, it was moved by Commissioner Vollmer, that the Commission delete David E. Worley, James E. Wheeler and Charles M. Sternhagen from the Far West Annexation. The motion died for lack of a second. Joe Uhlrich of Durston Road said that if all of the people of the area were to be included in the annexation it would probably not be protested out. He said he was not opposed to the annex- ation but was opposed to paying 78% of the assessment when he should only be paying 50%. ,r - ~ 024 Ordinance No. 1011 - Appropriation (Budget for FY 1979 - Final Adoption Ordinance No. 1011 appropriating monies for expenditures deemed necessary and in accordance with budgetary requirements for maintenance, etc., was presented, entitled: ORDINANCE NO. 1011 AN ORDINANCE APPROPRIATING MONIES FOR EXPENDITURES DEEMED NECESSARY AND I IN ACCORDANCE WITH BUDGETARY REQUIREMENTS FOR MAINTENANCE ETC., OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BOZEMAN, MONTANA, FOR THE FISCAL YEAR ENDING JUNE 30, 1979. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer that Ordinance No. 1011 be finally passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, CornmissionerVollmer, CommissionerVandeventer and Mayor Sedivy, those voting No, none. Rocky Mountain Veterinary Clinic - Request for Sign Variance at 1340 E. Main A letter received from the Rocky Mountain Veterinary Clinic requesting a sign variance on the new site of the Rocky Mountain Veterinary Clinic at 1340 East Main Street, was presented. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request for the sign variance be delayed for a period of one week for an on the ground inspection and further study. 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. Tabulation of Employees living outside the City Limits A list of employees living outside of the City Limits within the 3~ mile jurisdiction was presented. Following a thorough discussion, the City Manager recommended that action be delayed for a period of one week to further study its policy. I Authorize Mayor Edmund P. Sedivy, Sr., to attend 55th Annual Conference of the National League of Cities at St. Louis - November 26-30, 1978 The fifty-fifth annual conference of the National League of Cities is scheduled to be held in St. Louis, November 26-30, 1978, and the City Manager recommended that Mayor Sedivy be authorized to attend the conference and, it being in the public interest his expenses be paid out of the appropriate fund. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Mayor Sedivy be authorized to attend the conference. 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. Authorize Commissioners and several department heads to attend Montana League of Cities Conference in Miles City - September 6-9, 1978 The Montana League of Cities and Towns 47th annual conference is scheduled to be held in Miles City on September 6-9, 1978. The City Manager recommended that several department heads be authorized to attend the conference. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the depart- ment heads be authorized to attend. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, thsoe voting No, none. Change date of meeting from Wednesday, September 6 to Tuesday, September 5 I It was moved by Commissioner MacNab, seconded by CommissionerVandeventer that the meeting of the City Commission be changed from September 6, 1978 to September 5, 1978, in order that the Mayor and City Commission may attend the Montana League of Cities and Towns 47th Annual Conference in Miles City. 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. Report of the Director of Public Service The City Manager commented on the report of the Director of Public Service and recommended it be accepted and ordered filed. , ,," I V L ,~' It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the report of the Director of Public Service be accepted and ordered filed, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Adjournment I 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 car- ried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. .~.-,.../"" ""i //' /' " ...""' /?z. ,- .- ' ATTEST: ERNA V. OMMISSION I I