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HomeMy WebLinkAbout1979-03-28 ,",' C t~"J 1.0-.:' March 28, 1979 Bozeman, Mt. I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 28, 1979, 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, City Attorney Planalp and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, March 2l, 1979 were approved as submitted. Open Construction Bids - SID 603 & 604 - Water Mains & Sanitary Sewer - Graf's 1st This was the time and place set for the openings of bids for construction of SID No. 603 Water Mains and SID No. 604 Sanitary Sewer Mains in Graf's First Addition. The Affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be opened and read. 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 Bids were then opened and read: Clause Construction, Worden, MT Tom Roe & Son, Big Timber, MT Underground Construction, Bozeman, MT $148,520.95 l55,136.82 142,116.00 Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc., and the City engineering for tabulation and recommendation to be made on,Wed- nesday, April 4, 1979. 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 Public Hearing - Commission Resolution No. 2049 - Intent to create paving and storm drain Bomont Center and Industrial property - SIn 599 This was the time and place set in Commission Resolution No. 2049, to hear protests to the creation of Special Improvement District No. 599, paving and storm drain construction on Bond Street, Gold Avenue and Bryant Street in Bomont Center and Industrial properties Subdivision. 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. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and upon recommendation by the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City Attorney be instructed and directed to draw up an ordinance creating the district. 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. Decision - re Park Land dedication - Richard's Subdivision A discussion regarding Park Land Dedication of Lots One, Two and Three of Block Three of Richard's Subdivision for park purposes and/or the extension of 16th Avenue was held on March l4, 1979. I The developers of this subdivision accepted the dedication of land for park development, in June of 1977. In July of 1978, they already appeared before the Recreation Board requesting that the land be made for park dedication instead. Whatever reference there is to due diligence on the part of the City to develop that prop- erty in park land could not possibly have occurred within one year. The City Manager felt that in the first place, there is no immediate need to develop that land into a park, inasmuch as the residential development requiring park services is very sparse in the neighborhood as yet. It appears more logical to develop a park for an existing neighborhood around it than to develop a park first before the neighborhood is there which would use,it. The City Manager agreed with the Planning Staff that the property should be retained by the City, for future park use. When the County develops the five acres on the Law:and Justice Center property, it would be landlocked without the lots fronting on Koch. This would prompt children at least living north of the park to trespass through property fronting on Koch in order to gain access to and from the park. This would not be desirable. 1,70 It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City of Bozeman keep Lots 1, 2 and 3 of Block Three, Richard's Subdivision for park purposes. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vande- venter, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Discussion - re status of proposal to develop Langohr Park I The Commission tabled action on Commission Resolution No. 2042, SID No. 609 - Langohr Park Improvements on February 14, 1979. Approximately 34% of the people affected objected to the park development. The matter had been tabled to enable Greentree Apartments to be passed through theCity, to a private owner. This would allow Greentree to participate in the assessment for the park development. They were awaiting official word of the grant from the Heritage Conservation and Recre- ation Service. A letter received from Heritage Conservation and Recreation Service indicated that they needed to know by April 6, 1979 whether the City would be able to make a firm commit- ment on proceeding this summer on Langohr Park. The City had ben told by HUD in Denver that the Greentree matter would be resolved before April of this year. Unfortunately, April has now become late August at the very earliest. So if Greentree remains government property they wll not pay the assessment. This would then be- come an obligation of the City's General Fund, amounting to some $1,000 per year initially, reducing to somewhat below that over the 20-year period of the assessment. The City Manager advised the Commission that the matter could be discussed again on April 4 but the decision could not be delayed longer than one week without losing the grant funds. Recreation Director A. Glen White recommended affirmative action on the Langohr Park im- provement program. The City Attorney had some reservation about the creation of the Special Improvement Dis- tric t. The City Manager recommended approving the Special Improvement District, recognizing that a park is needed infuis neighborhood, and the City might never have the opportunity again to have fifty percent of it paid for, without having to assess 100 percent of it against benefit- ing properties. Following an extensive discussion, it was moved by Commissioner MacNab, seconded by Com- missioner Vollmer, that the City Commission instruct the City Attorney to amend Commission Resolution No. 2042, of intent to create to reflect the present ownership of Greentree Apart- ments to be that of the federal government and that the City's general fund will be obligated to pay the federal government:'s share of the district's assessment. 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. I Woodridge Annexation - (a) Decision The Woodridge Annexation hearing was held on March 7, 1979, and any action was deferred for a period of at least twenty days, for comments for or against the proposed annexation. There were no written protests on file and since the matter has never been controversial, the City Manager recommended that the Commission approve Commission Resolution No. 2046 extend- ing the boundaries of the City of Bozeman so as to include a tract of land located in the North- west ~, Southwest ~, Sec. 19, T2S, R6E. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that they approve the extension of the boundaries of the City of Bozeman to include a tract of land located in the Northwest ~, Southwest ~, Sec. 19, T2S, R6E owned by Clair Daines. 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 Ordinance No. 1024 - Woodridge Annexation (Clair Daines) ORDINANCE NO, 1024 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TO INCLUDE A TRACT OF LAND LYING IN THE NW ~ SW ~ OF SECTION 19, TOWNSHIP 2, SOUTH, RANGE 6 EAST, M.P.M., GALLATIN COUNTY, MONTANA, WHICH IS CON- TIGUOUS TO THE CITY OF BOZEMAN, WITHIN THE CORPORATE LIMITS OF THE CITY BOZEMAN. ~IJ I as prepared by the City Attorney was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance No. 1024 annexing a tract of land located in the Northwest ~, Southwest ~, Sec. 19, T2S, R6E, MPM, Gallatin County, Montana, and designated as the Woodridge Annexation be passed and adopted. 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. Final plat for signature by Commission - Woodridge Annexation The final plat of Woodridge Annexation (Clair Daines) was presented. The plat covers a tract of land located in the Northwest ~, Southwest~, Sec. 19, T2S, R6E, MPM, Gallatin County, Montana. The plat conformed generally with the Master Plan. The City Manager recommended approval thereof. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the plat be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the plat. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Petition - requesting special improvement districts - Woodridge Subdivision Water, Sewer, curbing, paving and storm drains I A letter received from Clair W. Daines, Inc. petitioning the City of Bozeman to create special improvement districts for the purpose of construction of water, sewer, curbing, paving and storm drains to serve the Woodridge Subdivision, was presented. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the resolutions of intention to create the districts be presented as drawn up by the City Attorney. 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. 2051 - Intent to create SID 610 - Water and Sewer - Woodridge Subdivision (Clair Daines) Hearing April 18, 1979 Commission Resolution No. 2051, declaring the intention to create Special Improvement District No. 610 for the construction and installation of water, sewer and storm drains in the Woodridge Addition, as prepared by the City Attorney, was presented, entitled: RESOLUTION NO. 2051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 610 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH WATERMAIN AND APPURTENANCES ON WAGON WHEEL ROAD AND A SIX (6) INCH WATER MAIN AND APPURTENANCES ON HERI- TAGE DRIVE AND SILVERWOOD DRIVE AND ACROSS EASEMENTS BETWEEN SAME IN WOODRIDGE ADDITION: AN EIGHT (8) INCH SANITARY SEWER IN THE SAME AREA, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING OF THE CUL DE SACS ON HERITAGE AND SILVERWOOD DRIVES, ALL IN THE CITY OF BOZEMAN, MONTANA. I THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN, SANITARY SEWER AND STORM DRAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BED- DING MATERIAL; CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER LINES, MANHOLES, STORM DRAINAGE PIPE, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2051 be passed and adopted, and April 18, 1979 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. 172 Commission Resolution No. 2052 - Intent to Create SID 611 - Paving Woodridge Subdivision (Clair Daines) Hearing April l8, 1979 Commission Resolution No. 2052 declaring the intention to create Special Improvement District No. 611 for the construction and installation of paving in the Woodridge Addition, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2052 I 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 IMPROVEMENT DISTRICT NO. 611 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAIN INLETS, AND NECESSARY APPURTENANCES THERETO ON HERITAGE DRIVE AND SILVERWOOD DRIVE, WOODRIDGE ADDITION, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Com- mission Resolution No. 2052 be passed and adopted, and April 18, 1979 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. Proposed Ordinance - qualifications for Municipal Police Court Judge A proposed ordinance establishing the qualifications for the office of Municipal Judge; setting the requirements and term for a municipal judgeship; providing appointment in case of vacancy; providing for severability; and providing for an effective date was presented. Following discussion it was recommended that the City Attorney be instructed to receive legal provisions as to the four year term. Discussion - re parking on west side of North Willson Avenue from Main to Mendenhall A discussion was held on the removal of parking on the east side of Willson Avenue be- tween Main Street and Mendenhall Street. The City Manager stated there seemed to be more rationale for prohibiting parking on the west side of the above block than on the east side. Left turns from Mendenhall southbound onto Willson Avenue would be much better facilitated without cars parked at the curb on the west side. In addition, the alignment for the dog-leg crossing Main Street would be much improved, for moving traffic both north and south-bound. Several of the Commissioners felt that it would be less hazardous to remove the parking on the east side, rather than the west side. Police Chief Tate stated the alignment for the dog-leg crossing Main Street would be much improved for moving traffic both North and South bound if the parking was removed from the east side. I The Bozeman Downtown Development Association also recommended that the parking be removed from the east side of Willson Avenue between Main Street and Mendenhall Street. It was moved by Commissioner Vollmer, that the parking be removed from the west side of North Willson Avenue between Main Street and Mendenhall Street. The motion died for a lack of a second. It was then moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the parking be removed from the east side of Willson Avenue between Main Street and Mendenhall Street as recommended by the Bozeman Downtown Development Association. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, those voting No, being Commissioner Vollmer, and Mayor Sedivy. Confirmation - Senior Center Advisory Council Members I A list of candidates for the Senior Citizen Advisory Council was submitted by the Senior Citizens groups for review by the Commission. Following Discussion, it was suggested that since the Senior Center is a City building the Senior Center Advisory Council members should be City residents. It was suggested that Commissioner Swanson recommend such residency to the Senior Center Advisory Council at its next meeting. ...L , ('I)) Consideration of adoption - Standard specifications for public works I The Standard specifications for public works as drawn up by consulting engineers and city engineers throughout the state, to assist in standardizing specifications for municipal improve- ments had been presented to the Commissioners for their review. Admittedly, such standards are technical, but the City Manager felt that the City must rely on the universal membership and contribution which drafted these specifications for their validity. It would seem that they would contribute substantially to the preparation of bids used throughout the State, and they might result in lower bids. The City Engineer felt that if all jurisdictions use the same specifications for bidding, then contractors need not spend as much time to become acquainted with the technique and the bids would be lower. The Mayor suggested that the standard specifications for public works be delayed for a period of one week for re-examining. Agreement - Chicago, Milwaukee, St. Paul & Pacific - for signature An Agreement by the between the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, and the City of Bozeman for the installation of a sanitary sewer underneath the railroad right- of-way, for the Hugh Reid Commercial Subdivision off Ice Pond Road was presented. Hugh Reid agrees to pay the Chicago, Milwaukee, St. Paul and Pacific Railraod a preparation fee of $100.00. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City enter into the Agreement with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and direct the Mayor and Clerk of the Commission to sign the Agreement for the City. The motion was car- ried 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. By-Laws of the Zoning Commission for adoption I The proposed By-Laws of the Zoning Commission was presented for review and possible adoption. Following discussion, the Commission suggested that the two changes be made in the By- Laws and they be brought back for adoption on Wedndsday, April 4, 1979. Caravan - Request for wood sign variance at 311 East Main Street A letter received from James A. Nave of the Caravan, requesting a variance to the sign code was presented. The applicant requested the variance to install a 30" x 12" x 2" - 3" in thickness wood and metal sign at 311 East Main Street. The sign is to be mounted flush with the store front. The Building Department recommended approval of the sign. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve the sign code variance located at 3ll East Main Street. 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. Petition - re proposed rezoning~or an area immediately south of business district I A petition signed by ten property owners requesting a moritorium on apartment construction, anticipating a change in zoning to R-3 was presented. The legal citation suggests that a virtual moritorium could be imposed by the Commission after a public hearing, and that such a moritorium might extend for six months. During this interval, formal application for rezoning could be initiated and perhaps consummated, which would then make the moritorium against apartment construction permanent. Several property owners were present to explain their reasons for requesting the change. c Following a thorough discussion, and upon the adviCe of the City Attorney, it was moved by CommissionerMacNab, seconded by Commissioner Vollmer, that action be delayed for a period of one week. 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. 174 Advertise for Bond Sale - 1978 Walk & Curb construction - 133,735.64 The City Manager recommended that the Clerk of the Commission be authorized and directed to advertise for the sale of bonds in the approximate amount of $133,735.64 for the 1978 Sidewalk and Curb Construction, to be received on April 25, 1979. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Clerk of the Commission be directed to advertise for a Bond sale for the 1978 construction, replace- ment and repair of sidewalks and curbs to be opened on April 25, 1979. 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 Authorize transfer of $132,690.16 Revenue Sharing Funds - March 1979 The City Manager requested authorization to transfer $132,690.16 from the Revenue Sharing Fund account for the March general fund payroll and additional general fund purchases. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the request to transfer $132,690.16 from the revenue sharing fund account to pay salaries and some maintenance costs for March. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Application for Kennel License - Don Cape 515 North 2lst - Wm. Sparks 83 Bridger View Park Charles Pinkava 1212 S. Willson & Rick Secora 711 North Montana An application received from Don Cape, 515 North 21st, requesting a kennel license in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the application be approved and the Director of, Finance be instructed to issue a kennel license in accordance therewith. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Com- missioner Swanson and Mayor Sedivy, those voting No, none. Ap. for Kennel License - Wm. Sparks, 83 Bridger View Park I An application received from Wm. Sparks, 83 Bridger View Park, requesting a kennel license in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the application be approved and the Director of Finance be instructed to issue a kennel license in accordance therewith. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Mayor Sedivy, those voting No, none. Ap. for Kennel License - Charles Pinkava, 1212 South Willson An application received from Charles Pinkava, 1212 South Willson, requesting a kennel license in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. It was moved by Commissioner Vollmer,seconded by Commissioner Swanson, that the Appli- cation be approved and the Director of Finance be instructed to issue a kennel license in accordance therewith. The motion was carried by the following Ayeffid No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Ap. for Kennel License - Rick Secora, 711 N. Montana I An application received from Rick Secora, 711 N. Montana, requesting a kennel license in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code, to- gether with the required fee was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the application be approved and the Director of Finance be instructed to issue a kennel license in accordance therewith. The motion was carried by the following Aye and No vote, those vot- ing Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. "i ~\." r:, -- ~ \..;' Claims for March I The payroll claims and the general claims for the month of March, 1979 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 approvedand the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the claims be approved. 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. Police Court Report for February The report of the Police Court was presented. The report will be listed on the agenda next week for acknowledgement and filing. 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. I ~'" /",/ ~ /- ~ //' , ED ND P. /1 ATTEST: rtk ",-.. / ERNA V. HARD IN I