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HomeMy WebLinkAbout1979-05-09 204 May 9, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 9, 1979, at l: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, City Attorney Planalp, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regu- lar meeting held on Wednesday, May 2, 1979, were approved as submitted. Public Hearing - Earl Best - Zone Map Change - reclassify land bounded on North by present B-3 on West by the alley between Tracy & Willson and Tracy & Black, on the East by Wallace, and on the South and East by Chicago, Milwaukee Ry, - from R-4 to R-3 I This was the time and place set for the public hearing to consider the request of Earl Best. The applicant seeks to change the City's official Zoning Map which would reclassify from R-4 to R-3, all of that land bounded on the north by the present B-3, on the west by the alley between Tracy and Willson and Tracy and Black Streets, on the east by Wallace, and on the south and east by the Chicago, Milwaukee, St. Paul, and Pacific Railroad. The Planning Director summarized the proposed change which recommended approval of a Zone Map Change from R-4 to R-3. Dr. Tenney addressed the Commission and spoke in favor of the zone change. He presented some slides of the neighborhood and stated their plea would be four or five pointed. Dr. Tenney said the residential area is suitable for only single or double family structures. Any further increase will cause undue traffic congestion. Dr. Tenney further stated that the present road systems cannot tolerate the increased con- gestion in traffic that would be developed were any additional multistructured dwellings allow- ed to be built. Street maintenance would be stressed to service the increased load. East Koch is the only street that meets minimal standards of width for residential zoning. Dr. Tenney felt that the area would have better fire protection if the request for a zone change from R-4 to R-3 were approved. In a letter addressed to the Zoning Commission, Dr. Tenney stated that along with fire protection comes sewage disposal and street maintenance. The present sewage system of Tracy, Black, Dell Place, Lindley Place was constructed in 1904. He felt the system could not stand additional overload were it to occur. In the final para- graph Dr. Tenney stated, ".....in the case of Lowe versus the City of Missoula, there are twelve points which need to be satisfied before a new zoning can become effective." These are a follows: I CRITERIA FOR EVALUATING ZONING AND REZONING CASES The Lowe Case 1. Is the new zoning in accordance withfue Comprehensive Plan? 2. Will new zoning lessen congestion in the streets? 3. Will new zoning secure safety from fire hazards and other dangers? 4. Will new zoning promote health and general welfare? 5. Will new zoning provide adequate light and air? 6. Will new zoning prevent overcrowding of land? 7. Will new zoning create undue concentrations of population? 8. Will new zoning interrupt or provide adequate provision for transportation, water, sewerage, schools, parks and other public requirements? 9. Does new zoning give reasonable consideration to the character of the zon- ing district or proposed zone district? I 10. Does new zoning give consideration to peculiar suitability of the property for particular uses? 11. Is the new zoning considered with a view to conserving the value of build- ings and property? 12. Whether the new zoning will encourage the most appropriate use of land throughout the municipality. Earl Best addressed the Commission and also spoke in favor of the proposed Zone Change. He felt a monster had already been created in the way of traffic and did not know what that ~ t" \, , LU~ I monster would do if more development were allowed in that area. East Story is only 27' wide from curb to curb. The Frank Bonn property has only one access. Bozeman Avenue is 33' wide from curb to curb which is below the standard width now to carry the traffic in this area. South Black is only 28' from curb to curb --- there is an 8' parking area which leaves only 20' from curb to curb. In closing Earl Best advised the Commission that the traffic situation is something that will need a thorough study. George Mattson presented a chart which showed the change to be very insignificant. Fred Nelson spoke in favor of the proposed zoning from R-4 to R-3 and addressed the noise problem resulting from apartment houses located in the residential area. Mr. Nelson asked all those persons in the audience who were in favor of the zone change to please stand. A sub- stantial number of persons arose. James Goetz, Attorney for those favoring the zone change, addressed the Commission. He pointed out the reasons why this neighborhood should be rezoned from R-4 to R-3. 1. The traffic congestion - substandard streets 2. Impact on City sewer 3. Existing single-family and multi-family development 4. Petition signed by 161 land owners requesting the R-3 zoning I Several other property owners were present to point out their reasons for requesting approval of the zone change. Bill Bennett, Attorney for those opposing the zone change, addressed the Commission. Mr. Bennett requested that the Chuck Crouse and Dan McCloy property south of Story Street be deleted from the zone change. Mr. Bennett said changing the zone for that property would not eliminate congestion and the developers could provide adequate water and sewer facilities and fire protection for R-4 development. The City Manager advised the Commission that the request covers a large segment of the city located immediately south of the business district and the concern of the residents is a valid one. Unfortunately, it also touches upon another problem, that of the business dis- trict's ability to expand, as the city's present growth pattern progresses. The more re- strictive the zoning is immediately adjacent to the business district, the more difficult it is for the commercial area to expand. He further advised the Commission that if the commer- cial area cannot expand north or south, it must then expand lengthwise, which prompts the development of strip commercial areas, or commercial development around the perimeter of the city. This kind of commercial sprawl gives rise to additional residential development around it, rather than concentrating commercial and residential development in selected areas. Jim Cummings, Vice President of Thomas, Dean and Hoskins appeared on behalf of the pro- ponents, to explain the sewer rehabilitation in that area. Attorney Bill Bennett requested that the Chuck Crouse and Dan McCloy property be ex- cluded from the proposed rezoning from R~4 to R~3 as requested by Earl Best. The Mayor declared the public hearing closed and a decision will be forthcoming on Wed- nesday, May 16, 1979. Public Hearing (continued) - Zone Map Change - Gary Barker - AS to R-l - West side of South Nineteenth, approximately 2~ miles south of City Limits I The public hearing to consider the request of Gary Barker, having been continued for further study, was reopened. The City Manager advised the Commission that the staff had reviewed the proposals made by Mr. Barker, focused on his scale model for the proposed development. The staff felt that basically, with some revisions, that it was a good concept. The staff felt that if the de- velopment were abutting the city limits, it would be a much better development. The applicant, Gary Barker, met with the staff and resolved some of the following: golf course vs parks; street (section) design; drainage--curb and gutter vs ditches; location of the lagoon; designation of commercial district; design criteria for sewers; adequate Right- of-Way for South Nineteenth, design criteria for watermains. There were no protests received and the Mayor declared the hearing closed. A decision will be made on Wednesday, May 16, 1979. The request from Tom Langel for preliminary plat approval on the proposed Dell Subdiv- ision, having been continued to further research the access problem, was brought before the Commission. The Planning Director advised the Commission that the Planning Staff had reviewed the issue of alternative ingress-egress routes to the proposed Dell Subdivision and recommended that the preliminary plat of the Amended Subdivision be approved subject to the following conditions: I 206 Preliminary Plat (continued review) - Dell Subdivision - East side of Dell Place (extended) 1. That the subdivision layout be designed as shown in the Planning Staff design. 2. That an SID be created with appropriate surrounding property owners to insure construction and extension of College Street east from Black Avenue to the eastern boundary of the proposed subdivision of Mr. Tom Langel (amended Plat of Guy's Addition). 3. The existing house, lying within the proposed extension of Dell Place, be removed as a part of this rQad construction. 4. That an Improvement Agreement be drafted and signed by appropriate parties insuring installation of all necessary subdivision improve- ments (i.e., construction of Dell Place (extended) to City design standards, storm sewer, sanitary sewer, and water improvements, etc.) 5. That all necessary certificates be attached to the final plat in proper form. The Staff's proposed subdivision design, while eliminating one building lot from the applicant's design, reduces total dwelling units by only one. This occurs because several of the lots proposed by the applicant would be limited to duplex or tri-plex structures rather than four-plexes. It is possible to include an additional building site, to total 8 sites, by adjusting suggested lot lines but this is a prerogative of the applicant. The Planning Director also showed some slides of the different sections of the area. Mr. Ken Bryson addressed the Commission and expressed the concern of the neighboring property owners as to the traffic access to College and the groundwater as well as the floodplain issue. Don Reichmuth, a civil engineer from Montana State University testified that additional building constructions could create serious flooding problems for people who never had them before. Extension of College Street most likely would requrie deversion of Spring Creek. The City Manager advised the Commission that creating a Special Improvement District in this area depends upon the approval of the petitioner, together with the property owner residing on the northeast corner of College and Black. Walter C. Anderson, District Conservationist, Soil Conservation Service, indicated that under the present flood insurance studies all of Dell place was out of the flood plain. How- ever, his report was preliminary and had not been approved by the Soil Conservation nor ac- cepted by the various agencies concerned. Mr. Langel indicated that he would be in agreement to approval subject to meeing construction requirements, even if the area was in the flood I plain. Several property owners were present to discuss the area in question and express their concern over the traffic congestion, groundwater and flood plain issue. Mr. Langel explained that they had solved the road problem and that they would solve the flood plain issue and that they had met all of the requirements. The City Manager felt that the discussion had brought up some additional problems which must be solved and the staff would continue to work on a solution to solve these problems by the next meeting. Clair Daines - Conditional Use Permit - allowed addition to existing 5,000 sq. ft. bldg. located at 121 West Kagy Blvd. I This was the time and place set for the public hearing to consider the request of Clair Daines. The applicant seeks a conditional use permit which, if approved, would allow an ad- dition to the existing 5,000 square foot building located at 121 West Kagy Boulevard. The new addition would contain 10,120 sq. ft. ~c The Staff report was presented by the Planning Director with the recommendation that the Conditional Use Permit be approved subject to conditions. Bob Hickman was present to answer any questions that might arise. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, May 16, 1979. I Public Hearing - Commission Resolution No. 2055 - SID 612 - Westridge Meadows - Water Instal- lation This was the time and place set in Commission Resolution NO. 2055 to hear the protests to the creation of Special Improvement District No. 612, installation of a water main in the Westridge Meadows. 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 andno one appeared to protest verbally. The Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Attorney be directed to draw up a resolution creating the district. 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. Decision - Zone Code Amendment - Off Street Parking & Loading - Chapter 18 I Action was delayed on the request for a Zone Code Amendment on Off-Street Parking and Loading - Chapter l8 for a period of one week. The City Manager felt that discussion on the Off-Street Parking & Loading had been suf- ficient to direct the ordinance to be prepared for adoption of these off-street parking and loading requirements. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for a Zone Code Amendment on Off-Street Parking and Loading with the various recommendations made at this meeting. 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. 2061 - Establishing fee payment for Cash-in-Lieu Requirements of Parking Code Commission Resolution No. 2061 establishing the amount of cash in lieu to be paid for each parking stall required by the City of Bozeman, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2061 A RESOLUTION OF THE CITY OF BOZEMAN ESTABLISHING A FEE OF $1,200.00 FOR PAYMENT IN SATISFACTION OF THE CASH IN LIEU REQUIREMENTS TO THE CITY OF BOZEMAN PARKING CODE. I The fee recommended by the Parking Commission, and directed by the City Commission, was $1,200 per space for such cash-in-lieu payments. Walter Martel, owner of several downtown office buildings, was present to express his opinion. He felt that the $l,200.00 fee would not alleviate the problem down town. He stated that it recently cost him $126,300 to provide thirty-two parking stalls. The City Manager stated that the subsidy factor is present in this kind of figure and the City will never be able to provide enough parking spaces. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Ord- inance No. 2061 be passed and adopted. The ordinancemus't be reviewed once a year and can be changed anytime the City Commission wishes to do so. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, being Commissioner MacNab. Commission 1979 Resolution 2063 - Intent to Create SID 605 - Paving Graf's First - Hearing May 30, Commission Resolution No. 2063, declaring the intention to create SID No. 605, for the installation of paving and storm drains in Graf's First Addition, as prepared by the City Attorney was presented. -, ' 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 IM- PROVEMENT DISTRICT NO. 605 FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON KENYON, BAXTER, CHAMBERS AND O'CONNER DRIVES, ALL IN GRAF'S FIRST ADDITION, IN THE CITY OF BOZEMAN. I 208 COMMISSION RESOLUTION NO. 2063 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2063 be passed and adopted, and May 30, 1979 be the date set for public hear- ing. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Change Order No. 3 - Gelco Grouting Service - Bozeman Sewer Rehab. Schedule 1 Change Order No. 3 on Bozeman Sewer Rehabilitation, Schedule No. 1 as prepared by Thomas, Dean & Hoskins, Inc., to become a part of the original contract entered into between the City of Boz.eil\sn and Gelco Grouting Service was presented as follows: A. Description: To increase the above contract for additional work on project as outlined in enclosed summary review. B. Purpose: To reimburse contractor for additional construction costs as de- termined by summary review Net Decrease +$4,607.00 -$5,900.00 $1,293.00 C. Cost: Adjusted contract items projected The City Manager concurred in the recommendation of the engineers and recommended that Change Order No. 3 be accepted and approved as presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Change Order No. 3 be accepted and the Mayor and Clerk of the Commission be authorized and direct- ed to sign for the City. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. I Change Order No.1 - SID No. 595 - Watermains Wheat's Commercial Subdivision Change Order No.1, SID No. 595 as prepared by Morrison-Maierle Inc., Consulting Engin- eers, to become a part of the original contract for construction of improvements in the pro- ject described were presented as follows: Description: Add 240 L.F. of 8" Water Main @ $13.29 Add 2 ea. 8" Gate Valves and Valve Boxes @ $409.00 Add 1 ea. 8" Tee @ $233.00 Add 1 ea. 8" Plug @ $60.00 Add 1 ea. Connection to existing Tee @ $100.00 Cost: $4,400.60 The City Manager concurred in the recommendation of the engineers and recommended that the Change Order be accepted and approved as presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Change Order No. 1 on SID No. 595 be approved, and the Mayor and Clerk of the Commission be author- ized and directed to sign for the City, but that SID No. 595 in the amount of $4,400.60 will be the responsibility of the owner. 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. Status Report - Sewage Treatment Facility Plan I The City Engineer discussed the status of the Sewage Treatment Facility Plan. The Environmental Protection Agency has apparently agreed with the City and their consultants that it is not practical to purchase land to install ~and disposal of the sewage effluents. The current facility plan revisions will recommend Alternate "H" as a first choice with Alternate B-1 and B-2 as second and third choice. Alternate H includes complete secondary with a holding pond for intermittent discharge and infiltration percolation bids for the excess. . (', q "-u\.. I The City Engineer requested that the City Attorney be instructed to prepare a resolution agreeing to the construction of Alternate "H" in total for the Environmental Protection Agency and the Water Quality Bureau approval. The resolution should include the provisions that the City can only be held to the agree- ment if funding is available for the total package at a 75% level. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion direct the City Attorney to draw a resolution agreeing to the construction of Alternate "H" in total. 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. Specification for domestic well for Landfill The City of Bozeman intends to drill a domestic water well at the landfill site on Story Mill Road, North of Bozeman, and the City Manager requested authorization to solicit bids for drilling of a domestic well for providing water at the landfill site. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the drilling of a domestic well be authorized and the Clerk of the Commission be instructed and directed to issue a "Call for Bids" for drilling of a domestic well with an opening date of June 6. 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. Appointments & Reappointments - Board of Adjustment - 12/31/79 Pedestrian Traffic Safety - 3/3l/Sl I Mayor Sedivy announced his appointment of Melvin Mason to the Board of Adjustment effect- ive May 15, 1979. Mr. Mason replaces Mr.James Drain who is moving to Arizona. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission concur in the appointment of the Mayor. 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. Mayor Sedivy announced his reappointment of George McClure to the Pedestrian Traffic and Safety Committee effective April 1, 1979. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in the reappointment of George McClure to the Pedestrian Traffic and Safety Committee effective April 1, 1979. 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. Proclamation - "Municipal Clerk's Week" - May 13-19, 1979 Mayor Sedivy proclaimed the Week of May 13-19, 1979 as "Municipal Clerk's Week" in the City of Bozeman in recognition of Erna Harding for the vital services she performs and her out- standing dedication to the community. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission endorse the Mayor's proclamation, and 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. Commissioner Vandeventer excused I Beer License Application - Bozeman Soft Ball Association - May 12 to 14, 1979 The City Manager presented an application from the Bozeman Softball Association for permission to obtain a beer license for May l2-14, 1979 along with the required fee. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Bozeman Softball Association, having met all requirements, be granted a license to sell beer at the Recreational Softball Complex on May 12 to the 14, 1979. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. The general claims for the month of April were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recom- mended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Swanson, 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 Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, being none. I 210 Claims Reports - Building Inspector for April - Police Court for April The following reports were presented: Police Court for April Building Inspector for April The reports,W::L11 be listed on the agenda next week for acknowledgement and filing. Request for Banner - Spring Thaw Members of the Committee for the Spring Thaw at the University appeared before the Commis- sion to request permission to place a banner across Main Street to advertise the Spring Thaw Concert. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the members of the Spring Thaw get a permit from the City and that they provide for the erection and re- moval of the banner. The required fee of $25.00 is to be returned to the organization if the banner is removed within forty-eight hours following the concert. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swan- son, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, being none. There being no further business to come before the City Commission, 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, being None. I Adjournment f'/"/ ~ ATTEST: 9. ~~~_ v' /-rt ct./ ~;; ,/;,.", <-H' ERNA v. HARDING,lCLERK SSION I