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HomeMy WebLinkAbout1979-02-07 138 February 7, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, February 7, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney P1ana1p and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, January 31, 1979, were approved as submitted. Public Hearing - Commission Resolution No. 2042 - SID 609 - Langohr Park Improvements I This was the time and place set in Commission Resolution No. 2042, to hear the protests to the creation of Special Improvement District No. 609, Langohr Park Improvements. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. The protests which were received against Langohr Park, SID No. 609, totaled 35.681% protest. If the HUD property (Greentree Apartments) and the school property were removed from the original area, the protests would amount to about 40%. Many property owners were present, both for and in opposition to the creation of the district. The City Engineer did not feel that a park was justified at the present time. He felt there would be a traffic problem since the area is served by only two streets - Garfield and Mason Street - for access into town. Jim Screener, Attorney, representing some of the protestors, addressed the Commission in re- gard to the Green Tree Apartments owned by HUD. He stated that when government owned land is included within a district, the government property is automatically omitted from the district. He stated the City would have to pay the assessment owed by the government. Tom Parae asked the following questions: 1. How many parks does Bozeman have. 2. How many of these parks have been created by SID's. 3. How many of the SID created parks were an original park. The Recreation Director advised Mr. Parac that there are seven developed parks and ten- twelve undeveloped parks in the City of Bozeman. Three of the parks were SID created and of the three parks, two were originally parks. Mr. Van't Hul said the resolution to create the district was written in such a way, that the district would not be created if the anticipated $100,000 federal grant from the Heritage Conservation and Recreation Service were not received. I Persons supporting the SID advised the Commission that plans for the project had been in the development stages since the fall of 1977 through public meetings. They felt that if the adjoining neighborhood did not take the initiative, no future parks would be created. Following an extensive discussion, the City Manager read the memorandum received from the City Engineer. Several persons were also present and objected to the name of the park. They felt it should not be called Langohr Park since the Langohrs did not own the park. The Mayor declared the public hearing closed and a decision will be made on Wednesday, Feb- ruary l4, 1979. Recommendation to appoint Architect for construction of Library At a recent meeting of the Library Board, they recommended the appointment of an Architect for the construction of the new Library. The recommendation to select George Mattson and Associates as the architectural firm to build the new public library was transmitted to the Commission for its consideration. The Library Board went on record as endorsing the views expressed in a letter by Vern Ballatine printed in the Sunday, January 28, 1979 Bozeman Daily Chronicle, and the opinions expressed by Mary Vant Hull during the February 1st board meeting, supporting the advisabil- ity of building a new public library as soon as possible. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swan- son, that the Commission concur in the City Managers recommendation, that the decision to ap- point an architect be delayed for a period of one week for the purpose of negotiating a fee with the recommended architect. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. I , (- ~ J.. 1\':' V I Decision - Re zone change - Woodridge Subdivision - RS-l to R-l, property abutting Graf's 4th on its east side, and located approximately 200 yards south of City Limits on South Third Avenue I The City Manager explained that the minutes of the City Commission meeting held on Wednesday, December 27, 1978 and Wednesday, January 31, 1979, were in error. The action that should have been taken at the meeting of December 27, 1978, was a decision on the zoning change of the Woodridge Subdivision. Upon the recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request of Clair & Sharon Daines - Woodridge Subdivision - to rezone one-acre lots abutting Graf's 4th on its east side, and lo- cated approximately 200 yards south of the City limits on South Third Avenue, from RS-l to R-l. 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. .~ Request authorization to amend prior minute entries - December 27, 1978 and January 31, 1979 - concerning Clair Daines Woodridge Subdivision Annexation .1. The Clerk of the Commission requested permission of the City Commission to amend the minutes of December 27, 1978 to reflect that the annexation discussion should not have taken place at that time. The minutes of January 31, 1979 are in error because they reflect the City Commission's approval of the Woodridge Annexation. The requested annexation was not properly before the Com- mission inasmuch as the requisite procedures had not been completed. The Clerk of the Commission requested permission of the City Commission to amend the minutes of January 31, 1979 to reflect that the City had no prerogative to vote on the porposed Woodridge Annexation. I' ~ ; I Following a discussion by the Commission on both the zone change application and the Woodridge Annexation, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the minutes of December 27, 1978 and January 31, 1979 be amended as stated above. 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. Commission Resolution 2046 Intent to Annex Woodridge property abutting Graf's 4th on east side and located approximately 200 yards south of City limits on South Third Avenue COMMISSION RESOLUTION NO. 2046 A RESOLUTION DECLARING THE INTENTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO EXTEND THE BOUNDARIES OF SAID CITY TO ANNEX A CONTIG- UOUS TRACT OF LAND HEREIN DESCRIBED, COMMONLY KNOWN AS WOODRIDGE ANNEXATION. , ! It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Reso- lution No. 2046 declaring the intent to annex a tract of land located in the Northwest 1/4, South- west 1/4, Section 19, T2S, R6E, MPM, Gallatin County, be passed and adopted and Wednesday, March 7, 1979 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. Decision - Warner Marketing (T.O.I. Theatres) conditional use permit modify Marquee sign which would be 20 square feet larger than prescribed by the ordinance I Action was delayed on the request of Warner Marketing for a conditional use permit for a period of one week. The applicant seeks to modify their original conditional use permit which, if approved would allow one Marquee sign having 269 s~. feet. The sign would be located on Lot 9 of the Tai Lane Addition located directly across llth Avenue from the MSU Fieldhouse parking area. The Planning Director said there is only about 20 feet difference between the sign as pro- posed and the sign area as recommended by the Planning Staff. He pointed out that the sign marquee is built into and designed as part of the building. Following discussion, the Commission concurred in the recommendation of the Bozeman Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, sec- onded by Commissioner Swanson, that the request for the conditional use permit be modified as re- quested. The motion was carried by the following Aye and No vote, those voting Aye being Commis- ~ ,.C sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. If..;,O Public Hearing - Yelew Builders - Zone Map Change (RS-l to R-3) approximately 4 acres located east of South 19th, South of Lincoln Road, adjacent to Willow Way to be continued until February 21 This was the time and place set for a public hearing to consider the request of Yelew Builders for a Zone Map Change from RS-l to R-3. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately four acres of land from RS-l to R-3. The area is located east of South Nineteenth Avenue, south of Lincoln Road, and adjacent to Willow Way. The zone map change is being requested byfue applicant so that a townhouse project may be constructed. The Mayor declared the public hearing opened. A letter received from David Penwell, Attorney, representing the applicant and requesting a continuance of the February 7, 1979 hearing to the 2lst of February, 1979 was presented. The hearing on the Zone Map Change for Yelew Builders will be continued until February 21, 1979 at which time Attorney Penwell can appear for the presentation of the Yelew Builders appli- cation. I Public Hearing - Planning Staff - zone code amendment - Chapter 18.76 - Townhouse Development standards & overlay district This was the time and place set for a public hearing to consider the request of the Planning Staff for a zone code amendment which would modify section 18.76.030 (4) Development Districts, 18.76.050 - Utilities and Services, and 18.76.110 (2) - Common Open Space, of Chapter 18.76 - Townhouse Development Standards and Overlay District. The City Manager advised the Commission that complications arise when townhouses are created in older residential districts. Apartments need only one utility service to serve them, but townhouses are an individual responsibility. The Planning Director said the changes are sought due to development problems which have surfaced since the adoption of the Townhouse Chapter in May, 1978. The Zoning Commission recommended that the Zone Code Amendment for the Townhouse Develop- ment Standards and Overlay District be approved by the City Commission. Following an extensive discussion, the City Manager recommended that the hearing be con- tinued until the Water Superintendent, City Engineer and Planning Director could be a party to the discussion. I Ordinance lOl9 - Submission of Ordinance amending Chapter 18.72 of the City's Zone Code (Title 18) Ordinance No. 1019 of the the City of Bozeman amending Chapter 18.72 of the Bozeman Mu- nicipal Code relating to the conditional use requirements was presented. Following discussion, the City Manager recommended that Ordinance No. 1019 be brought back for action on Wednesday, February 14, 1979. Co-operative Agreements with Blue Ribbon of the Big Sky Areawide Planning Agency Cooperative Agreement dealing with the subject matter of the Blue Ribbons of the Big Sky Areawide Planning Agency were presented. The Agreement is between the City of Bozeman and the Big Sky Areawide Planning Agency. The Planning Board recommended that before the Bozeman City-County Planning Board would sign the documents, they should be reviewed by the City Attorney for any legal problems of inconsistencies or commitment in any way by the City to financial obligations at some future date. The City Attorney having reviewed the agreements between the City of Bozeman and Blue Ribbons of the Big Sky Areawide Planning Agency, recommended, in view of the City's pending litigation with EPA and the EPA's relationship with the Blue Ribbons of the Big SkyPlan'g AW Agency, that the former City Attorney Ben Berg and legal counsel in the EPA litigation review the proposed agreement. This would be to insure that the agreement contained no provisions that might be adverse to the City's litigation with EPA. I Change Order No. 1 - SID 591 - net decrease of $9,445.44 resulting from prior removal of railroad tracks Change Order No. 1 on Special Improvement District No. 591, Northeast Water Main Con- J..'t ..L struction, as prepared by Thomas, Dean & Hoskins, Inc., Bozeman, to become a part of the original contract was presented as follows: A. Description: Remove the tracks in order to install 12" water main. Originally, this area was covered by a steel casing, open trench, under the tracks. The casing installation was deleted due to abandonment of the Milwaukee Railroad. I B. Purpose: This is to reimburse contract for time involved removing the C.M.S. + P.R.R. tracks at Sta. 79 and 81. C. Cost: Delete 120 1. f. of 24" casing @ $85.00 Net Decrease $9,445.44. 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 Change Order and the Mayor and Clerk of Commission be authorized and directed to sign for the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, those voting No, none. Authorize signature - Contract Documents - Sanitary Sewer, Water Main, and Storm Drain Con- struction - SID's 600, 601, and 602 - Figgins Phase 4 I The Contract Documents for the construction of Special Improvement District No. 600, 601 and 602, Sanitary Sewer, Water Main and Storm Drain Construction in Figgins 4th Addition as prepared by Thomas, Dean & Hoskins, Inc. were presented. The City Manager recommended that the. Contract Documents in the amount of $174,249.53 as submitted by Tom Roe Construction, Big Timber, Montana be approved. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, 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 Tom Roe Construction be authorized and directed to proceed with the construction of SID's 600, 601 and 602. 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. Application for Gambling License - Arcade, 43 West Main St. 1 Card Table The City Manager presented an application for a Gambling License from The Arcade, 43 West Main Street along with the appropriate fee of $250.00 for the purpose of operating one table. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion concur in the recommendation of the City Manager and approve the application for the Gamb- ling License for the Arcade. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Fund Drive - American Legion Auxiliary "Poppy Day" - May 25-26, 1979 I A request from Mrs. Ida C. Love, Poppy Chairman, American Legion Auxiliary, for permis- sion to sell poppies on Friday, May 25, and Saturday, May 26, 1979 in memory of those who have given their lives in defense of our Great Nation, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that permis- sion be granted the American Legion Auxiliary to sell poppies ad indicated above. 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. MSU - Installation of banner across Main Street - Bobcat Booster Drive A letter received from James A. Cummings, Vice President of the MSU Athletic Scholarship Association, requesting permission to install the Bobcat Booster (drive week) Banner across Main Street on the westerly edge of Black Avenue was presented. The drive is scheduled for March 26, 60 March 30, 1979. The banner will be installed from March 23rd until the first week in April. A check in the amount of $25.00 to cover the permit fee was also enclosed. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Athletic Scholarship Association be granted permission to install the banner across -j t.? .". ('-- Main Street, and that the $25.00 permit fee be returned if the Banner is removed within seven to ten days following the Bobcat Booster Drive. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Com- missioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Reports The following reports were presented: I Building Inspector for January Police Department for January The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports 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, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Reappointments (a) Recreation Board (b) Planning Board Mayor Sedivy announced his reappointments to the various City Boards as follows: Recreation Board - Mrs. Ed. (Peggy) Hines - to December 31, 1981 Planning Board - Ms. Mike Shine - to December 31, 1980 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer that the Com- mission concur in the reappointments made by the Mayor. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Proclamation - Bozeman Worthy Student Scholarship Fund Week Mayor Sedivy proclaimed the Week of February II through the 17th as "Worthy Student Scholarship Fund" week in Bozeman and urged all citizens to participate in the Scholarship Fund drive for Worthy Senior Students of Bozeman Senior High School. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission endorse the Mayor's proclamation. 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 Mayor Sedivy - to Kansas City to attend League of Cities meeting Mayor Sedivy advised the members of the Commission that he was going to Kansas City to attend a meeting of the steering committee of the smaller cities and that he was paying his own expenses. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Mayor be reimbursed for his expenses during his tenure if at all possible. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Adjournment There being no further business at this time,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, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. ATTEST: ~~/~ ,~~~-~ EDMUND P. I --- E CITY COMMISSION