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HomeMy WebLinkAbout1978-10-18 050 October 18, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, October 18, 1978, at 1:l5 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, Acting City Attorney Coil and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeing held on Wednesday, October 11, 1978, were approved as submitted. I Decision - Zone Code Amendment - Planning Staff (allow PUD's in B-1 District) The decision of the request of the Planning Staff for a Zone Code Amendment having been deferred for a period of one week was brought before the Commission for a final decision. The Planning Director summarized the Zone Code Amendment dealing with the allowance of Planned Unit Developments in B-1 Districts. Commissioner Vollmer and Commissioner Swanson felt that the request for a Planned Unit Development should be brought in, one at a time, rather than permit Planned Unit Developments as conditional uses within the Neighborhood Business District of the Bozeman Zoning Code. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request of the Planning Staff for a Zone Code Amendment to permit Planned Unit Develop- ments as conditional uses within the Neighborhood Business District (B-1) of the Bozeman Zoning Code be denied. The motion was carried by the following Ayemd No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Introduction of Police Officers - Kerry Bickle and James Kennedy The Acting Police Chief took pride in introducing Officer Kerry Bickle and Officer James Kennedy as regular members of the Police Department. Both officers had been priorly confirmed as regular members. Bond Sale - SID 595 - Watermains - McChesney/Wheat Subdivision - $40,000.00 SID 596 - Sanitary Sewer " " " $105,000.00 I SID 597 - Sanitary Sewer " " " $66,000.00 The City Manager stated .that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No. 595, 596 and 597. The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of SID No. 595. 596, and 597. The Clerk of the Commission stated there were no sealed bids. Phil Sandquist. President of the First Security Bank presented good faith checks on behalf of Hanifin, Imhoff & Sanford, Inc.. of Denver, as prescribed by the Notice of Sale for SID's 595, 596 and 597. The oral bid from Hanifin, Imhoff and Sanford, Inc., Denver in the amount of 9.25% was presented. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bid of Hanifin, Imhoff and Sanford. Inc., Denver being 1.25% higher than the City had ever received, be denied and the Commission authorize the City Manager to negotiate a sale for the bonds of SID No. 595, 596 and 597. 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. Award Bids - SID 595 - Watermains - McChesney/Wheat Subdivision SID 596 - Sanitary Sewer " " " SID 597 - Sanitary Sewer " " " The City Manager recommended that the City not award the bid for construction until the I bonds are sold. Public Hearing - Commission Resolution No. 2004 - SID 607 Paving Gilkerson and Nikles Drive McChesney Annexation This was the time and place set in Commission Resolution No. 2004, to hear protests to the creation of Special Improvement District NO. 607. 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 protests on file and no one appeared to protest verbally. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission ,.j : "." .0\', u'vJ. instruct the City Attorney to draft a resolution creating the District. 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. Heritage Conservation Recreation Service Application for preliminary review Langohr Park Con- struction - Lights for softball complex I Two proposed resolutions authorizing applications for Land and Water Conservation fund assistance was presented as follows: l. Langohr Park development for $200,000.00 2. Lighting of one softball field at the Recreation Complex The applications are for submission to the Heritage Conservation and Recreation Service (formerly Bureau of Outdoor Recreation - BOR) for 50% assistance in funding. The applications are for the construction of Langohr Park, recently petitioned for by area residents, and for lights at the East Side Athletic Complex. The applications are being presented to the Community Recreation Board on Wednesday even- ing, October 18, 1978 for their recommended approval. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2023 authorizing application for Land and Water Conservation Fund Assistance for the Langohr Park Project, and Commission Resolution No. 2024 authorizing appli- cation for Land and Water Conservation Fund Assistance for lighting at the Recreation Complex be passed and adopted. The applications are to be delivered to Montana State Fishand Game De- partment in Helena on or before November 1, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commmissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Sign Code ~ariance - High Country - 506 West Main Street I A letter received from William H. Todd, President of Rainbow Sign, Inc., requesting a variance to the Sign Code to install a ground sign at High Country, 506 West Main Street, was presented. The sign is made of 5/4" stained wood with the lettering being painted in white enamel. The sign is non-illunimated. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the sign code variance. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, CommissionerVollmer and Mayor Sedivy, those voting No, none. Report - Burrup Annexation The report on the proposed Burrup Annexation was delivered to the City Commission for their review. The proposed annexation is located between the frontage road and 1-90, just east of Bozeman. Several of the petitioners were present to explain their reason for requesting the annex- ation. Mr. Burrup stated they were anxious to get this under way. He commended the Planning Board on the report. However, they were not happy about the time it took to write the report. Mr. Don Nash representing some of the persons interested in the annexation was also present and presented some of his views to the Commission. Dennis Neibauer stated they had outgrown their facility and felt it important to develop I the sewer. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission direct the City Attorney to draft a resolution of intent to annex a strip of land lying between the frontage road and 1-90, just east of Bozeman. 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. Resolve utility request .for Wessel The City Manager advised the Commission that David Wessel had proposed that he be served with water and sewer services, even though his property does not abut the city limits. nG? ~,...I "- The water main does have a stub-in already installed for his property. The sewer is very close at hand, but does not have a stub already installed. Mr. Wessel had presented some compelling points, not the least of which is an alleged com- mitment by the City for a couple of water connections to this property in exchange for the right- of-way which became Kagy Boulevard. Mr. Gesko stated that none of this had come to light, but this impression might have been given during a discussion at a Commission meeting. I In view of this alleged commitment at some time in the distant past, the City Manager rec- ommended that the City extend water and sewer services to Mr. Wessel's property. In was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission extend water and sewer services to Mr. Wessel's property upon receipt of the Waiver of Protest. 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. Commission Resolution No. 2021 - Intent to Create SID 602 - Storm Drain - Figgins Phase IV Hearing November 8 Commission Resolution No. 202l, declaring the intention to create Special Improvement Dis- trict No. 602, for the construction and installation of storm drains in Figgins Phase IV, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 602 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON WESTRIDGE DRIVE AND LANDOE AVENUE, FIGGINS ADDITION, IN THE CITY OF BOZEMAN. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2021 be passed and adopted and November 8, 1978, be the date set for public hearing. The motion was carried by the following Aye and No vote, those voting Aye being I Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution No. 2022 - Intent to Create SID 608 - Paving - Figgins Phase IV Hearing November 8 Commission Resolution No. 2022, declaring the intention to create Special Improvement No. 608 for paving construction in Figgins Phase IV, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 608 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC- CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO ON WESTRIDGE DRIVE AND LANDOE AVENUE, FIGGINS ADDIT- ION, IN THE CITY OF BOZEMAN. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 2022 be passed and adopted and November 8, 1978 be the date set for public hearing. 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. Commission Resolution No. 2008 - final assessment SID 547 - Durston Road storm drainage I $48,378.37 - hearing Wednesday, October 25 COMMISSION RESOLUTION NO. 2008 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. 547 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. 547. levying the final assessment for the storm drainage construction of Durston Road. SID No. 547. in the amount of $48.378.37 was presented. , I" '-, UU~ It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 2008 be provisionally passed and adopted and Wednesday. October 25, 1978, be the date set for public hearing. 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. I Commission Resolution No. 2009 - Final assessment SID 558, Paving-Figgins Addition - $162.939.55 Hearing October 25 COMMISSION RESOLUTION NO. 2009 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. 558 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 558. levying the final assessment for the paving of Figgins Addition, SID No. 558 in the amount of $162,939.55 was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vandeventer, that Commission Resolution No. 2009 be provisionally passed and adopted and Wednesday. October 25. 1978. be the date set for public hearing. 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. Commission Resolution No. 2010 - Final assessment SID 559. Paving South 15th between Babcock & Koch - $92,lOl.56 - Hearing October 25 COMMISSION RESOLUTION NO. 2010 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. 559 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVE- I MENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 559. levying the final assessment for the paving of South l5th between Babcock and Koch. SID No. 559 in the amount of $92,lOl.56 was presented. It was moved by Commissioner Vandeventer. seconded by Commissioner Swanson, that Commission Resolution No. 2010 be provisionally passed and adopted and Wednesday. October 25. 1978, be the date set for public hearing. 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. Commission Resolution No. 20ll - Final assessment SID 560. Paving Graf St. Colter Avenue - Graf's Third - $41.422.92 - Hearing October 25 COMMISSION RESOLUTION NO. 20ll 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. 560 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA. TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 560. levying the final assessment for the paving of Graf St, Colter Avenue - Graf's Third, SID No. 560 in the amount of $41,422.92 was presented. It was moved by Commissioner Swanson. seconded by Commissioner Vandeventer, that Commission Resolution No. 20ll be provisionally passed and adopted and Wednesday, October 25, 1978, be the date set for public hearing. The motion was carried by the following Aye and No vote, those I voting Aye being Commissioner Swanson. Commissioner Vandeventer. Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy. thsoe voting No. none. Commission Resolution No. 2012 - Final assessment SID 56l, Paving South 20th. Koch. Olive and Dickerson - $250~OOO.00 - Hearing October 25 COMMISSION RESOLUTION NO. 2012 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. 561 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA. TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 561. levying the final assessment for the paving of South 20th. Koch. Olive and Dickerson, SID No. 05 J~ 561 in the amount of $250,000.00 was presented. It was moved by Commissioner Vollmer. seconded by Commissioner MacNab, that Commission Resolution No. 2012 be provisionally passed and adopted and Wednesday. October 25, 1978 be the date set for public hearing. 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. I Commission Resolution No. 2013 - Final assessment SID 562, Paving South 23, College to Babcock $315,968.09 - Hearing October 25 COMMISSION RESOLUTION NO. 2013 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. 562 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. 562. levying the final assessment for the paving of South 23rd, College to Babcock, SID No. 562 in the amount of $315.968.09 was presented. It was moved by Commissioner MacNab. seconded by Commissioner Vandeventer, that Commission Resolution No. 2013 be provisionally passed and adopted and Wednesday, October 25, 1978 be the date set for public hearing. 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. Commission Resolution No. 2014 - Final assessment SID 563, Paving Lamme Street. Church to Wallace $27,56l.8l - Hearing October 25 COMMISSION RESOLUTION NO. 2014 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. 563 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA. TO DEFRAY THE COST OF CONSTRUCTING AND MAK- I ING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 563. levying the final assessment for the paving of Lamme Street. Church to Wallace, SID No. 563 in the amount of $27,56l.8l was presented. It was moved by Commissioner Vandeventer. seconded by Commissioner Swanson. that Commis- . sion Resolution No. 2014 be provisionally passed and adopted and Wednesday. October 25. 1978 be the date set for public hearing. 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. Authorize Execution of Contract Documents - SID 592, 593 and 594 - Roe Construction The Contract Documents for the construction of sanitary sewer. storm drain and watermain improvements in SID 592, 593 and 594, prepared by Thomas, Dean & Hoskins, Inc., were presented. The City Manager recommended that the Contract Documents in the amount of $41,603.27 as submit- ted by Tom Roe & Son Construction. Big Timber, be approved. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Con- tract 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 Tom Roe & Son Construction be authorized and directed to proceed with the construction of SID's 592, 593 and 594. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Van- deventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy. those voting No, none. Raffle License Applications - a) Bozeman Jaycees - November 30, 1978 I b) Bozeman Senior Social Center - December 10 c) Montana Vocational Assoc. - October 20 d) Health. Physical Education & Rec. - November l7 e) Beta Sigma Phi - Delta Chapter - December l a) The City Manager presented an application from the Bozeman Jaycees, along with the required fee, for a raffle to be held on November 30, 1978. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab. that the Com- mission approve the application for the raffle license. The motion was carried by the follow- ing Aye and No vote. those voting Aye being Commissioner Vandeventer. Commissioner MacNab. Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. , I" , v U ~~. b) The City Manager presented an application from the Bozeman Senior Social Center along with the required fee for a raffle to be held on December 10, 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license. and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner I Swanson, - Commissioner Vandeventer and Mayor Sedivy, those voting No, none. c) The City Manager presented an application from the Montana Vocational Association, along with the required fee, for a raffle to be held on October 20, 1978. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, 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 Vollmer. Commissioner Swanson, Commissioner Vande- venter. Commissioner MacNab and Mayor Sedivy, those voting No. none. d) The City Manager presented an application from the Health. Physical Education & Recre- ation, along with the required fee, for a raffle to be held on November 17, 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the raffle license. The motion was carried by the follow- 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. e) The City Manager presented an application from the Beta Sigma Phi - Delta Chapter. along with the required fee. for a raffle to be held on December 2, 1978. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the application for the raffle license. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy. those voting No, being. None. I Request to suspend "Halloween Pumpkin" banner across Main Street - Sound Pro - Universal Athletics - October 31, 1978 A request from Sound Pro for permission to place a banner across Main Street was presented. The petitioner requested that a Halloween pumpkin be suspended across Main Street, between Sound Pro and Universal Athletics, during the period of October 26 to 3l. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that Sound Pro get a permit from the City, and that they provide for the erection of the banner. The required $25.00 deposit is to be returned to Sound Pro only if the banner is removed within seven to ten days after the promotion. the motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab. Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter 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 Vollmer. 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. --L- I ATTEST: ERNA V. ISSION