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HomeMy WebLinkAbout1979-04-18 188 April 18, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 18, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner 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 regular meeting held on Wednesday, April 11, 1979 were approved as submitted. Presentation of check by Bozeman Board of Realtors, toward landscaping at Senior Center; and report on landscaping proposal by staff I Jan Schwartz, on behalf of the Bozeman Board of Realtors, presented to the Commission a check for $400.00 to be used for landscaping at the Senior Center. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission express their gratitude to the Bozeman Board of Realtors for their generosity in presenting the Commission with the $400.00 check. The Park Superintendent gave a brief report on the revised landscaping proposal. The land- scaping plan was put together by the students of Montana State University. Mr. Wortman said that would like to put the lawn in and plant the perimeter trees this summer. Response to request for findings of fact and conclusion of law - Osterman Zone Map Change Greg Morgan made a request on Wednesday, April 11, 1979 for findings of fact and conclus- ions of law regarding the decision in the Osterman rezoning petition. The City Attorney again recommended that the City continue with the present procedure of not filing findings of fact or conclusion of law until the Supreme Court has completed their review. A letter addressed to Greg Morgan by Commissioner Vandeventer stating that he would not at this time submit any individual findings of fact or conclusions of law was read. Decision - Gary Schaefer - Zone Code Amendment - permit upholstery shops in B-3 district as described in Section 18.48.020 I Action was delayed on the request of Gary Schaefer for a Zone Code amendment for a period of one week. The Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the petitioners request for a zone code amendment to permit upholstery shops as a permitted use in the B-3 district as described in Section 18. 48.020 of the Bozeman Zoning Ordinance with the following conditions: 26. Uses customarily accessory to those listed. 27. Upholstering shops (excludes on-site upholstering services of cars, boats, trucks and other heavy equipment). 28. Wholesale establishments that use samples, but do not stock on premises. The motion was carried by the following Aye and N~ vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Authorization to sign Contract documents - Architect for Library and provisions relating to Library site. The City Manager advised the Commission that he had discussed the latest developments deal- ing with the location of a new library on the City Shop site with Mr. Penwell. The City Manager indicated that there were several provisions in the contract submitted by the Architect whicfu required further discussion. The Assistant City Manager has drafted revised provisions for these items, and the items will be submitted to the Architects for thorough discussion. He felt that all such provisions could be resolved quite readily. The City Manager then requested authorization to have the Agreement signed by the Mayor, when the City Attorney, the Architect and the City Manager had agreed on all provisons at I issue. The City Manager then reported that all issues involving location of the new library on the City Shop site had been resolved. The Library Bond Issue will reimburse the general fund i "q ~Uv I for land presently being used by the Police Department, Street Department and Water/Sewer Department. Using 23,250 square feet of the City shop site, together with two private owned lots which total 15,000 square feet, the Library will have ample space on which to construct a new Library. The City Manager then read a letter from the Friends of Gallatin Libraries which contained six points: 1. The Hagen and Hoffman properties be purchased 2. Library Bond Funds be transferred to the City General Fund at no more than five dollars ($5.00) per square foot for city shops property needed for construction of, and parking for, the new library building. 3. That 15,OOO square feet of the City Shops-Hagen-Hoffman property be al- located to the City for use in providing parking for city employees and the library. That the City pave and landscape this 15,000 square feet and use it only for surface parking. 4. That the entire property (City Shops-Hagen-Hoffman) be developed in accord- ance with a plan designed by the Library architect as approved by the Library Board and City Commission. 5. That the Library receive reasonable compensation for any use made of, or money realized from the existing library or site. 6. The above conditions supersede the Friends' concerns as enumerated in David Penwell's letter of April 5, 1979. I The City Manager disagreed with only a portion of point 5, and stated that no money would be paid to the Library for any use made of the existing library for any other City development. The City Manager further stated that he would draft a memorandum for inclusion into the record of the next meeting. This would clarify reimbursement to the Library Board for the sale of the present library, as well as to the pertinent provisons. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City Manager be given the authority to complete the contract with the Architect. The mbtion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Continued Hearing - Story Hills - Zone Map Change from PLI to RS-5 I The public hearing on the Story Hills request for a Zone Map Change from PLI to RS-5, having been continued was again presented. A meeting with Story Hills, and their proposal for a zone map change was held on Tuesday afternoon. The staff members who attended centered the discussion around park land dedications for the area involved. The hearing was reopened by Mayor Sedivy, and the Planning Director reported briefly on the results of the meeting held with the developers on Tuesday, April 17, 1979. This meeting concerned provisions for park dedication for not only the 480-acre site proposed for rezoning, but the entire 1,800 acre Story Hills area as well. The developer com- mented on their perspective regarding the rezoning as well as the park dedicaton, and consider- able discussion with the Commission ensuded. The hearing was continued until April 25, 1979. Prior to that date, the Commission will attempt to tour the entire Story Hills, area, to acquaint itself with developable acreage, undevelopable ravines, suitable areas for park lands etc. It is felt that both park dedication and rezoning could better be addressed after viewing the land involved. Public Hearing - Commission Resolution No. 2051 - SID 610, watermains, sanitary sewer and storm drain - Woodridge Subdivision This was the time and place set in Commission Resolution No. 205l, to hear the protests to the creation of Special Improvement District No. 610, watermains, sanitary sewer, and storm drain construction in the Woodridge subdivision. 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. 190 The Mayor declared the hearing closed and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission suspend the normal procedure of waiting one week to bring in the resolution creating the district since it is not a controversial subject. 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. 2058 - Creating SID 610 watermains, sanitary sewer and storm drain Woodridge Subdivision I Commission Resolution No. 2058 creating Special Improvement District No. 610, for the construction of watermains, sanitary sewer, and storm drains in the Woodridge Subdivision as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 2058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 610 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN, SANITARY SEWER AND STORM DRAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH WATER MAIN AND APPURTENANCES ON WAGON WHEEL ROAD AND A SIX (6) INCH WATER MAIN AND APPURTENANCES ON HERITAGE DRIVE AND SILVERWOOD DRIVE AND ACROSS EASE- MENTS 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. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, SANITARY SEWER AND STORM DRAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAIN, 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. 2058 creating Special Improvement District No. 610. be passed and adopted. 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. 2052 - SID 611 - paving - Woodridge Subdivision This was the time and place set in Commission Resolution No. 2052, to hear the protests to the creation of Special Improvement District No. 611, paving construction in Woodridge Subdivision. Affidavit of publication of Notice and the Clerks mailing certificate, stating all property owners had been notified as required by law was presented. The Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission suspend the norma'l procedure of waiting one week to bring in the resolution creating the district since it is not a controversial subject. 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. Commission Resolution No. 2059 - Creating SID 611 - paving - Woodridge Subdivision Commission Resolution No. 2059 creating Special Improvement District No. 611, for the con- struction of paving in the Woodridge Subdivision as prepared by the City Attorney was presented. COMMISSION RESOLUTION NO. 2059 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 6ll OF THE CITY OF BOZEMAN 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 SILVER- WOOD DRIVE, WOODRIDGE ADDITION, IN THE CITY OF BOZEMAN, MONTANA. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2059 creating Special Improvement District No. 611 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. Commission Resolution No. 2055 - Intent to Create SID 612 - Westridge Meadows - Don Weaver- Water, Public Hearing May 9, 1979 "I '..." ~01 Commission Resolution No. 2055, declaring the intention to create SID No. 612, for the installation of a watermain in Westridge Meadows, as prepared by the City Attorney was pre- sented. COMMISSION RESOLUTION NO. 2055 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DIS- TRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 612 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES IN WESTRIDGE MEADOWS IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE WATER MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTANCES. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 2055 be passed and adopted, : and May 9, 1979 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. Decision - Chester & Evalene Jensen - Permission to place mobile home on property Southeast of Bozeman The Commission postponed the decision on the request of Chester and Evalene Jensen until further information had been received. Mr. Jensen is physically unable to work on the ranch/farm owned by the family and request- ed that his son be allowed to place a mobile home near their present house, so that he may run the ranch. I Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request to place the mobile home on the site next to Chester Jensen's residence, and that an Agreement be prepared allowing Mr. Jensen's son to move the mobile home on the property. The mobile home must be moved when either Mr. Jensen sells the property or upon the death of the last spouse. 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. Distribution of proposed off-street parking ordinance The final draft of the proposed off-street parking ordinance was presented. The Planning Director briefly reviewed Chapter 18.84, the Off-Street Parking and Loading provisions which have been in the process for approximately two years. Adoption of this bulk off-street parking proposal, will contain the newly-adopted provisions- and will displace those adopted last week. This will put all under one cover the up-dated off- street proposals, and the new provisions just adopted as well. Roger Craft was present to discuss a portion of the ordinance. The City Attorney recommended that a notice of public hearing be published in the Chronicle. The hearing on the final draft of the proposed off-street parking ordinance will be contin- ued for a period of one week. Authorize signature - Contract documents - SID 603 & 604 - watermains and sanitary sewer Graf's First Addition I The Contract Documents for the construction of Special Improvement District No. 603 and 604, Water Main, and Sanitary Sewer Main construction in Graf's First Addition as prepared by Thomas, Dean & Hoskins, Inc., was presented. The City Manager recommended that the Contract Documents in the amount of $142,226.00 as submitted by Underground Excavating, Bozeman be approved. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, 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 Underground Excavating be authorized and directed to proceed with the construction of SID No. 603 and 604. 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 Commission Resolution No. 2056 - Fix date, maturity date and principal amount of bonds SID No. 603 - Water Mains - Graf's 1st }.32 voting No, none. The City Manager presented Commission Resolution No. 2056 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 603, entitled: COMMISSION RESOLUTION NO. 2056 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IM- PROVEMENT DISTRICT NO. 603 It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Com- mission Resolution No. 2056 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Commission Resolution No. 2057 - Fix date, maturity date and principal amount of bonds SID No. 604 - Sanitary Sewer - Graf's 1st The City Manager presented Commission Resolution No. 2057 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 604, entitled: COMMISSION RESOLUTION NO. 2057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 604 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2057 be passed and adopted. 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. An Agreement by and between Myron Westlake and the City of Bozeman for the purpose of vacating an irrigation ditch along Beall Street, North Seventh Avenue and Peach Street was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion approve the Agreement between Myron Westlake and the City of Bozeman and the Mayor and Clerk of the Commission be directed to sign the Agreement for the City. 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 Agreement - Between M. Westlake & City of Bozeman - vacate irrigation ditch along Beall North Seventh and Peach Streets Raffle License Application - National Women's Political Caucus - May 20 The City Manager presented an application from the National Women's Political Caucus, along with the appropriate fee for the purpose of holding a raffle on May 20, 1979. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve the application for the raffle license for the National Women's Political Caucus. 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. Acknowledge & file - Library Report, Building Inspector Report and Fire Department Quarterly Report It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Library Report, the Building Inspectors Report and the Fire Department Quarterly Report be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. I Claim The General Claims 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 approved and ..l.. \] ~,:. I and 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, Com- missioner Vandeventer and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the City Commission at this time, it was moved by Commissioner MacNab, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. P. SEDIVY, .......-,.. ,,"' -..... ,,~/ ATTEST: I COMMISSION ./" I