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HomeMy WebLinkAbout1979-05-30 ..;' ," L. L <":,.' May 30, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, May 30, 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 Plana1p, and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, May 23, 1979, were approved as submitted. Open Construction Bids - SID No. 594 & 608 - Paving - Figgins Phase IV & Block 5 This was the time and place set for the opening of bids for construction of SID No. 594 and 608, paving construction in Figgins Phase IV and Block 5. 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 bid was then opened and read: Long Construction Company - Billings SID 594 - $53,719.50 SID 608 - 293,402.50 Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bid of Long Construction, Company, it being the only bid submitted, be referred to the consulting engineers, Thomas, Dean and Hoskins, Inc., and the City engineer- ing staff for tabulation and recommendation to be made on Wednesday, June 6, 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. 2054 - SID 609 - Langohr Park Improvements I This was the time and place set in Commission Resolution No. 2054, to hear 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. Protests on the revised SID No. 609 for Langohr Park were tabulated by the City Engineer. The City Manager said there was some concern voiced by the residents of the neighborhood, when the notice appeared regarding the public hearing. He suggested the residents attend the hearing and express their concern. The City Manager further assured those he talked to that the City would attempt to satisfy the needs and desires of the community as much as possible. There is plenty of time for revision, the mechanics of the public hearing which are necessary, and then the final application for HCRS funds this fall. Petitions signed by property owners or contract buyers prior to the intent to create the district, and representing 56% protesting the proposed district as determined by the City Engin- eer were presented. Several property owners were present to protest the creation of the district. The Mayor declared the public hearing opened, Eric Grimsrud of 1322 South Rouse Avenue addressed the Commission and advised them that they had had a neighborhood meeting for the purpose of getting more input. It was the consensus of everyone attending the neighborhood meeting that a simplified plan would be acceptable. The proposed plan would cost approximately $80,000 in place of the $230,000. A neighborhood commit- tee has been formed to redesign the park improvement plan to a less costly figure, estimated at $80,000. Don Heath said it was his understanding that since there was a 56% protest against the district it would not be created. The City Attorney stated that no further proceeding shall be taken for a period of six months from the date when owners of more than 50% of the area of the property to be assessed for said improvements have protested. The City Attorney suggested that the City Engineers memorandum to the City Manager regard- ing the protests be made a part of the minutes. Commissioner Vandeventer asked that Mr. Van't Hu1's memorandum be included in the official Protests on the revised S.I.D. 609 for Langohr Park have been tabulated, Insofar as it can be determined at this time, 2,306,582.82 square feet have protested out of a total assess- able area of 4,099,094.63 square feet, for a total protest of 56%. Mayor Sedivy declared the public hearing on Commission Resolution No. 2054 closed. 221+ minutes as follows: Public Hearing - Gregory Morgan - Zone Map Change - AS to RS-3, East and adjacent to Arrowleaf Hills Subdivision & \ mile South of Kagy Blvd. This was the time and place set for the public hearing to consider the request of Gregory Morgan. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately twenty acres located approximately one and one-quarter miles east of the City limits. The requested zone change is from AS to RS-3. The Planning Director summarized the proposed change which recommended approval of the Zone Map Change from AS to RS-3. The applicant addressed the Commission and stated that if the zoning is approved every- thing will be approved just exactly in accordance with the City-County Planning Department pertaining to zoning regulations. Mr. Morgan felt those opposing the zone change wanted a lower density zone. The RS-3 zoning is consistent with this land use designation and is in basic compliance with recommended low-density development. It would be generally suited to the area. The zone map change would not seriously diminish the amount of A-S zoned property. It would provide for larger than usual rural lot si~es in an area where such lots do not now exist. I Mr. Paul Dudley was present to object to the zone map change. He said that when he first sold this property all purchasers agreed they would not want any further development in this area. He further stated the property lying south of this has been divided into ten acre tracts. He did not feel there was a need for additional subdivisions. There is also a prob- lem due to the condition of the road. The City Engineer stated a water study has been done in this vicinity and it has been determined that there is a sufficient water supply for the development of the area. Gregory Morgan said the property could be divided into as small as three-acre tracts. The Mayor declared the hearing closed and a decision will be made on June 6, 1979. I Public Hearing -Planning Staff - Zone Code Amendment - changing Section 18.42.010 - Intent of Chapter 18.42 - B-1 "To be continued" This was the time and place set for a public hearing to consider the request of the Plan- ning staff;theyse-ek:.:acode amendment which if granted, would change Section 18.42.010 - Intent of Chapter 18.42 B-1. Paul Bolton, Planning Director, presented the staff report. The staff report recommended continuing the hearing for the zone code amendment. The hearing on the request of Planning Staff will be continued until all issues have been resolved. Dick Kountz - Zone Code Amendment - Allow solid waste disposal businesses in AS Zone This was the time and place set for a public hearing to consider the request of Dick Kountz. The applicant seeks a Zone Code Amendment which, if approved, would allow as a permit- ted use in the AS zoning district, "Solid Waste Disposal Businesses - except that there shall be no dumping of solid waste on the premises. ':' Paul Bolton, Planning Director, presented the staff report. He said it was not the in- tent of the City to zone this type of business out of existence. He felt it should be allowed for in the zoning code, however, he stated the AS zoning district was not the proper place for this type of business. He also said the applicant could request the City Commission to de- termine the appropriate classification and district for Mr. Kountz's use. This option is provided for in Chapter 18.12.050 - Interpretation of Use. He also stated that it is nearly impossible to list every specific use intended to be permitted within any zoning district. That is one reason for Chapter 18.12.050 in the zoning code. David Penwell appeared before the Commission on behalf of the applicant. He stated that nowhere in the City Zoning Code within any of the designated districts is there any provision which allows for Mr. Kountz's operation. He stated that the zoning ordinance allows for ambulance service businesses in the AS zoning district and he felt that the operation of I i :""': ,c. .:...L....' I a solid waste disposal business was not all that different. He disagreed with the staff report. He felt the district as written did not meet the ob- jective as to what an agricultural district was. This type of business must be allowed for somewhere in the zoning code and cannot be legally zoned out of existence by not allowing for it anywhere in the zoning code. The issue before the Commission was that type of business not provided for anywhere within the Bozeman Zoning Code and Mr. Penwell asked that this oversight be corrected. The public hearing was closed and a decision will be forthcoming on June 6, 1979. Request - Shrine Club - American Continental Shows - Carnival-circus schedule for July 25, 1979 A letter received from the Gallatin Shrine Club requesting permission to hold a Carniva1/ circus at the Fieldhouse on July 25, 1979, was presented. The Gallatin Shrine Club requested approval and the necessary license for the two per- formances. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request from the Gallatin Shrine Club to hold a Carnival/circus at the Fieldhouse on July 25, and that a license be issued for the two performances. 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. Further discussion - re request to vacate Beall Street between North Tenth and Eleventh Avenue I The City Manager advised the Commission that he had contacted several petitioners on Beall Street between North Tenth and Eleventh Avenue and they had not made a decision as to what would be the best way to handle the vacation of this area. There is a watermain running under Beall Street between Tenth and Eleventh Avenue and thereoforeBea11 cannot be vacated between North Tenth and Eleventh Avenue. This area can either be closed or fenced. It can also be improved with a walk-way. The City Manager suggested that the decision regarding the request be delayed until the petitione~s discuss it further. Review and consideration of candidates for the Senior Center Advisory Council A letter received from the Recreation Director along with a slate of Bozeman residents to be designated as members of the Senior Center Advisory Council was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission acknowledge and accept the slate of candidates as members of the Senior Center Advisory Council as set forth in full: NOMINEES FOR BOZEMAN SENIOR CENTER ADVISORY COUNCIL MEMBER ALTERNATE TERM ORGANIZATION REPRESENTATED George Gable Evelyn Willson 2 years American Association Retired Persons Harold Dusenberry John Bower 1 year Bozeman Senior Social Center Louis Moos Carl Stucky 2 years Bozeman Senior Social Center Marie Brooks Stanley Lemon 2 years Gallatin County Council on Aging Florence Baldwin George Puhach 2 years Montana Senior Citizens I Association Les Neilsen Howard Halpin 1 year National Association Retired Federal Employees Marge Drummond Harvey Kinch 1 year Retired Senior Volunteer Program Evelyn McCormick Martha Irwin 2 years Big Sky Retired Teachers Association Tor1ief Aasheim Ken Harmon 1 year Thrift Stations Keith Swanson Edmund P. Sedivy City Commission Representative Glen White Community Recreation Director 228 The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Application for Beer License - Bozeman Soft Ball Association - June 2-4, 9-ll, l6-l8, 23-25, June 30 to July 2, 7-9, and 14-16. The City Manager presented an application from the Bozeman Softball Association for permission to obtain a beer license for June 2-4, 9-11, 16-18, 23-25, June 30 to July 2, 7-9, and 14-16, 1979, along with the required fee. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Bozeman Softball Association, having met all requirements, be granted a license to sell beer at the Recreational Softball Complex on the above dates. 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 Recessed 3:05 p.m. - Executive session for labor negotiations Members of the Commission along with the City Manager and the Assistant City Manager re- cessed at 3:05 p.m. for the purpose of going into an executive session to discuss labor neg- otiations. Reconvened 3:25 p.m. Adjournment There being no further business to come before the City Commission, 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 :",~~,-:."J"'" P. SEDIVY, ATTEST: !;'J/ //~ /. "> /,t,;1~ [/ /- ~ ERNA V. HARDING~' CLE ISSION I