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HomeMy WebLinkAbout1978-09-05 031+ September 5, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 5, 1978, at 1:l5 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, Acting City Attorney Coil and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, August 30, 1978, were approved as submitted. I Decision - Conditional Use Permit - Michael Powers - Construct ski rental shop, petroleum products warehouse, etc. The decision on the request of Michael Powers for a Conditional Use Permit to allow the construction of a ski rental shop, petroleum products warehouse, office space, key-stop gas and diesel outlet for commercial accounts, underground storage for key-stop outlet and future use of self-serve gasoline outlet, having been delayed for a period of one week, was brought before the Commission for a decision. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for a Conditional Use Permit with the following conditions: 1. The conditional use permit issued on June 7, 1978, be abandoned. 2. The plot plan submitted dictate the development of the site and the use shall connect to city services within 90 days of the installation of city services. 3. Drainage sediment and erosion control measures shall be reviewed and approved by the City engineer. 4. The eastern driveway shall be paved to Griffin Drive. 5. Signing be limited to the following: a) One (1) free-standing sign not to exceed a maximum height of (20) feet and a sign area of seventy (70) square feet. I b) Two (2) flush-mounted building signs of two (2) feet high by ten (10) feet long. Said signs shall not exceed the height of the building. c) No flashing, blinking or animated sign shall be permitted. d) No directory sign shall exceed five (5) square feet in size. 6. A final landscaping plan be submitted and approved by the Planning Department before the issuance of a building permit. Said landscaping plan shall indicate size, location and type of planting. Seventy-five (75%) percent of which shall be of vegetative material including street trees. 7. All on-site improvements shall be completed within twelve (l2) months after the issuance of a building permit. 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. Decision - Zone Code Amendment - Bozeman Cable T.V. - to permit an F.C.C. regulated earth station as a permitted use in the R-S districts Having delayed action on the request of Bozeman Cable T.V. to amend the zone code to permit an F.C.C. regulated earth station as a permitted use in the R-S districts for a period of one week, it was again presented. Due to a conflict in interest Commissioner Vandeventer was excused at 1:20 p.m. The City Manager recommended the conditional use permit rather than the permitted use in the R-S districts. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the Zoning Code Amendment to permit an F.C.C. regulated earth station as a Conditional Use in the R-S districts. The motion was carried by the following Aye and No vote, those vot- ing Aye being Commission Vollmer, Commissioner Swanson, Commissioner MacNab, and Mayor Sedivy, those voting No, none. Public Hearing - Conditional Use Permit - add recreational facility to Phase I of Woodbrook P.U.D. located Block 4, Thompson's Fourth Addition A public hearing on a conditional use permit to add recreational facilities to Phase 1 of ~. !', ,.-,\, l' U \.1 ~-j the Woodbrook Planned Unit Development was advertised to be held on Wednesday, September 6. However, since the meeting was scheduled for Tuesday, September 5, 1978, the hearing was opened. The applicant seeks expansion of Phase 1 approval of Woodbrook P.U.D. to include the rec- reational facilities. Each unit of the P.U.D. will have a family membership for the clubhouse. The Planning Director presented the staff report which recommended approval of the conditional I use permit with conditions. I The City Manager advised the Commission that the hearing would be continued for a week for further discussion. Planning Staff - Zone Code Amendment - Conditional Use Section The hearing on the Conditional Use Section having been continued until a recommendation was received from the Zoning Commission, was again brought before the Commission. The Planning Staff has not completed the rewriting of the Conditional Use Section, therefore, the section was not available for review and discussion by the Zoning Commission. The hearing on the Conditional Use Section will be continued until a recommendation is re- ceived from the Planning Staff and Zoning Commission. Planning Staff - Zone Code Amendment - Parking Section - re the revised parking ordinance (to be continued) The Zone Code Amendment regarding the revised parking ordinance having been continued was again presented. Members of the Zoning Commission felt that they would like to see the parking section re- written and clarified, as there are a number of undesirable sections contained therein. Therefore, the hearing on the Zone Code Amendment will be continued until a recommendation is received from the Planning Board and the Zoning Commission. Residency report from City Attorney relating setting this issue for referendum I Having delayed action on the residency requirements for city employees until the City At- torney had an opportunity to research putting the issue on the November ballot, it was again presented. The City Attorney was out of town and therefore the Commission had no legal advice regarding the ramifications of a ballot measure on the issue. The Assistant City Manager advised the Com- mission that no action should be taken without a thorough research. The Commission requested informati~n on requiring city employees living outside the City limits to make payments in lieu of City taxes. Following an extensive discussion, Commissioner Vandeventer moved that the City continue the current policy for another year. The motion died for lack of a second. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City continue the three and one-half mile privilege and the moratorium on any more City employees moving out of the City until a legal opinion has been given by the City Attorney. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson and Mayor Sedivy, those voting No, being Commissioner Vollmer. Certification of completion - Kagy Sewer & water main improvements The statment of completion of water main and sanitary sewer improvements on Kagy Boulevard by Intermountain Construction in accordance withthe plans and specifications as prepared by Thomas, Dean & Hoskins, Inc. , engineering consultants was presented. This final acceptance does not relieve the contractor of the responsibility of negligence, faulty materials or workmanship within the standard time period provided for by law. I The contractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a one year period commencing upon final acceptance. The contractor according to the terms of the contract, is due final payment within 30 days of acceptance. The contractor is not willing to sign the pay estimate. He feels there is an additional payment due him. Consulting engineer, James A. Cummings, the City Engineer and Water Superintendent were in agreement as to the final payment to the contractor. From the engineering viewpoint, they could not authorize additional payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the project be accepted and approved by the City Commission as stated above. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer,'Comnti.!ssli'Olier_:.liacNab <lnd Mayor Sedivy, those voting No, none. (''16 J0 Burlington Northern Agreement - for consideration of the fee herein provided to be paid to it by permittee to excavate for, construct, maintain and operate - signature of Mayor and Clerk An Agreement between Burlington Northern Inc., and the City of Bozeman for the purpose of excavating, constructing, maintaining and operating a l2-inch ductile iron water line across the Burlington Northern railroad track on Griffin Drive was presented. The City of Bozeman will pay unto the Burlington Northern Inc., a sum of $l75.00 for the first ten year period, and $100.00 I for each subsequent ten years that this Agreement remains in effect. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City enter into the Agreement with Burlington Northern, Inc., and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter, Commissioner MacNab, and Mayor Sedivy, those voting No, none. Approve plans and specification and "Call for Bids" - construction of Water Mains Figgins Addition SID No. 592, Sanitary Sewer Figgins Addition SID No. 593, and Paving Figgins Addition SID No. 594 - Open bids Sept. 27 - Authorize sale of bonds - October 4, 1978 The City Manager recommended that the plans and specifications for the construction and installation of water mains, Figgins Addition SID No. 592, sanitary sewer, Figgins Addition SID No. 593, and paving, Figgins Addition SID No. 594 as prepared by Thomas, Dean & Hoskins, Inc. , be approved. Upon recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the plans and specifications be approved as presented. Also that the Clerk of the Commission be authorized and directed to publish a "Call for Bids: for the construction of water mains, sanitary sewer, and paving improvements in Figgins Addition Phase No. 4, SID No's 592, 593 and 594 with an opening date of September 27, 1978. The Clerk of the Commission was also authorized and directed to advertise for bids for the sale of bonds for SID No. 592 in the amount of $23,000.00, SID No. 593 in the amount of $25,000.00 and SID No. 594 in the amount of $76,000.00 to be received on October 4, 1978. The motion was carried by the follow- I ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Approval of the Assessment on SID No. 565 - Off Street Parking Based upon the $750,000.00 set forth in the intent to create off-street parking SID No. 565, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission adopt the revised assessment as prepared by the engineering staff. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, None. Lease Agreement - Landfill Traxcavator effective September 2, 1978 The Assistant City Manager advised the Commission that the City's current agreement for lease of a Caterpillar traxcavator expired on September 2, 1978. After consulting with Mr. Clinton Gee, Street Superintendent, the City Engineer, City Trax- cavator operators and a representative from Caterpillar, it was determined that it is essential that the City renew the present lease with Caterpillar as soon as possible in order to insure the availability of a new caterpillar 977 traxcavator, Serial No. llK07657 for a term of thirty- six months at $3,045.00 per month commencing onthe 2nd day of September 1978 and ending on the 2nd day of September 1981. At the termination of the proposed lease agreement, the City will be afforded the opportunity to purchase the leasedtraxcavator. I Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City sign the Rental Agreement between Tractor & Equipment Co. of Billings for a new caterpillar 977 traxcavator. 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. Staff Report - Urban Expansion Program Kevin Fenney of the Planning Department appeared before the Commission to present the Urban Expansion Program. The Commission thanked Mr. Fenney for his extensive presentation of the Urban ; ~ ," -"., -"", Uv/ Expansion Program. The Commission thanked Mr. Fenney for his extensive presentation of the Urban Expansion Program. Report - Police Dept. The City Manager commented on the report of the Police Department and recommended it be I accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the report of of the Police Department be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, 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, Commissioner Swanson and Mayor Sedivy, those voting No, none. ~ ATTEST: I g~~ P(~4~ ERNA V. HARDING, CLERK OF CIT MMISSION I