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HomeMy WebLinkAbout1979-06-13 )"? i._ ,j '- June 13, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 13, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't. City Manager Smith, City Attorney P1ana1p, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, June 6, 1979, were approved as submitted. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab, from this meeting, be authorized in compliance with Section 11-3245, R.C.M, 1947. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Absence of Commissioner MacNab - June 13, 1979 Open Construction Bids - SID No. 607 - Paving Nik1es Drive & Gi1derson Drive in McChesney Industrial Park This was the time and place set for the opening of bids for paving Nik1es Drive and Gilkerson Drive in McChesney Industrial Park, SID No. 607. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the bids be opened and read. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. The following bids were then opened and read: Long Construction - Billings Big Sky Paving - Bozeman $130,714.00 142,777.50 Upon the City Manager's recommendation, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the bids be referred to the consulting engineers and the City Engineer for tabulation and recommendation to be made on Wednesday, June 20, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vandeventer, Commissioner Vo11mer,Commissioner Swanson and Mayor Sedivy, those voting No, none. I Communication - re handicap accessabi1ity downtown area Mrs. Nell Avery and Peggy Delaney appeared before the Commission to discuss the access- ibility of handicapped persons in the downtown area. Peggy Delaney showed a diagram of the area involved and the problems that exist. Mayor Sedivy asked whether their group had made the presentation at the Down Town Develop- ment Association meeting. He felt the Down Town Development Association would be very interested in the presentation. The community should be made aware of the problems that exist. Mayor Sedivy thanked Mrs. Avery and Peggy Delaney for their presentation. Award Bid - Drilling Domestic Water Well at Landfill Site The City Staff having reviewed the bids for drilling the well at the landfill recommended that the bid be awarded to Potts Drilling based upon their low bid in the amount of $6,688.00. The staff discussed the various bids with Mr. Potts and he felt the City could save poss- ibly $1,600.00 if they did not have to drill the well the full 200 feet. - The City Manager stated the Street Superintendent contacted Mr. Potts of Potts Drilling and he agreed to honor the bid for thirty to sixty days, or until the City knows w1:lether or not it is operating within its budget. Public Hearing continued - Planning Staff - Extension of City's Extraterritorial-zoning boundary and the establishment of appropriate zoning classifications I The public hearing on the request of the Planning Staff to expand its three miles extra- territorial zoning boundary to the full three mile limit as provided for under Title 76, Chap- ter 2, of the Montana Code Annotated, 1978 was continued from May 23, 1979, at the option of those who objected to the extension. There were only four Commissioners present at the original hearing and only four Commissioners present again at this meeting. .. .,,,, .::.. v':' A meeting of those objecting the extension of the City's extraterritorial zoning boundary was held on Monday evening. Two members of the staff appeared to answer questions for approxi- I mately an hour and a half. The City Manager told the group of protesting landowners in the proposed three-mile zoning expansion area that if the City doesn't zone now its efforts could be thwarted by county zoning restrictions. Bud Clem of 707 Canyon Creek Road opposed the extension of the boundaries of the City of Bozeman. He advised the Commission that at present the zoning proposed is based on a master plan which is quite old. None of the residents have been consulted as to what the changes would be. He further stated that if the residents were displeased they must pay a $75.00 fee to come in for a public hearing. He felt that they were capable of planning their own area. He said they should have some say and not leave it up to those who have no financial interest in the area. I Ray Myers addressed the Commission and stated his dissatisfaction in the manner that the hearing was handled. He said he was opposed to the expansion of the zoning boundary. Although he had been informed by Mr. Bolton that this would not mean additional taxes on his property, that he had gone to the Courthouse and determined that any property falling under the planning jurisdiction was paying 2 mills tax levy. Paul Bolton said the two mill levy would be assessed only if a particular property within the three mile zoning jurisdiction was also within the 4 mile City-County planning area. Mr. Myers advised the Commission that approximately forty names had been omitted on the notice of public hearing. He said it was not a legal ad. He asked the Commissioners how far out the City was going. He advised that the Zoning Commission had created a three mile zone and a four mile jurisdictional area. Michael Nash, representing a group of property owners who believe they are in the affected territory, addressed the Commission. He stated the group opposes the extraterritorial extension on the basis that the process if fraught with legal difficulties and that it would be an illegal extension of zoning conditions to their properties. Mr. Nash stated that rather than go through an exhaustive analysis, he would give some specific examples of the kind of legal difficulties that are involved which the affected property owners assert. (1) Notices of public hearings; (2) Process of zoning the affected properties not systematic nor adequate research undertaken; (3) Basically, "Taxation without representation". Several other property owners were also present to protest the expansion of the extrater- ritorial zoning. Don Bianchi, Regional Information Officer of the Department of Fish and Game addressed the Commission in regard to the area in question. The Montana Department of Fish and Game supports the concept of good land use planning and zoning. They support the effort to put some continuity in planning and zoning around Bozeman by extending the City's extraterritorial boundaries. The Montana Department of Fish and Game are concerned about human development and habitation within thelNIDrtheast Area. This area includes a portion of the Bridger Mountains which contains some very critical deer winter range. The Montana Fish and Game recommended that no development be allowed on the winter range. The City Manager said if the County Commissioners would agree to declare a moritorium against establishment of any individual zoning districts in the area, it would give the City time to meet with the residents and research the zoning. If the County does not agree with the idea, the City should make a decision on the matter right away. The City Manager felt there were too many small districts already created. The hearing was continued to allow the participants and the City staff to visit with the County Commissione~so for the purpose of inquiring into the possibility of obtaining the County Commissioner's cooperation to limit additional zoning districts and zoning regulations within the City's three and one-half mile extra-territorial zoning boundary. I Decision - Conditional Use Permit - Antram- Herbert Construction - allow construction of 9,600 square foot b1dg to be used as roller rink Action was delayed on the request of Antram-Herbert Construction, to consider the Con- ditional Use Permit, 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 "<H ,c'. v t Swanson, that the Commission approve the Conditional Use Permit with the following conditions; l. A drainage and erosion plan for the new addition be submitted and approved by the City Engineer prior to the issuance of a building permit. 2. That the final site plan be modified to reflect the staff report's changes. 3. The Planning Staff review and approve the final landscaping plan prior to the issuance of a building permit. All landscaped areas shall be enclosed by a permanent protective curbing at least five inches in height to prevent veh- icular traffic from crossing the landscaped areas. I 4. The signing as presented by the applicant be the only signing allowed. No exterior lighting devices shall be a part of or attached to any advertising signs with the exception of the freestanding sign which will be permitted to have base type flood lights. 5. All site improvements (i.e. Landscaping, paving) shall be completed within twelve months after occupancy of the building. 6. The curb cut opening from Wheat Drive shall be expanded but not to exceed 25 feet and subject to the approval of the City Engineer. A temporary access will be allowed from Mandeville Lane. The permit will be issued by the County Road Office and will be valid for only one year. The access will be closed upon improvement (paving) of Wheat Drive. 7. Three copies of the final plan delineating the corrections outlined above shall be submitted and approved by the Planning Department prior to the issuance of a building permit. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Christian Center Church - one year extension on school variance The decision on the Christian Center Church's request for a one-year extension on their school variance was delayed for a period of one week to notify the neighborhood. The Mayor invitied expressions from persons attending the meeting. Pastor Wagner spoke in favor of the school and explained that they had met all of the requirements connected with the school variance and that they would continue to do so. Mrs. Davidson of 918 West Lamme was present and supported the school. She felt they I ~, had benefited by the school. Mrs. Oliver Dahl of 112 North Tenth said it was better than it had been but she did not think it was a good situation. Mr. Dahl also testified against the variance. The playground is not large enough for the number of children they have there. He felt that if the Christian Center would make an effort to move the school in an area where they would have room they would be in agreement to continue the variance for a period of one more year. Mrs. Dahl had called the City Manager and advised him that she was dismayed to find out than an extension was even being considered. Several property owners were present to register their protests. They felt the entire operation was not conducive to good education. The school officials said they still have an option on some property and are attempting to move the school. They have also checked other possibilities. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission grant the Christian Center Church an extension to the variance to operate a school at 921 West Mendenhall until September 1, 1980, with the limitation that this is the final variance. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No being Commissioner Vandeventer. Public Hearing - Commission Resolution No. 2067 - Create SID No. 614 - Paving & Storm Drain East Garfield between So. Tracy and Chicago, Milwaukee Ry. I This was the time and place set in Commission Resolution No. 2067, to hear the protests to the creation of Special Improvement District No. 614, paving and storm drain installation on Garfield Street between South Tracy and the Chicago, Milwaukee Railway. Affidavit of Pub- lication of Notice and the Clerk's mailing certificate, stating. all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. Mayor Sedivy voiced his objection to paving this portion of the street without opening of South Black Avenue ~ ,......" r' "":'0;':; as all of the traffic is routed on one street. A decision will be made on Wednesday, June 20, 1979. Alan & Laura Bristol - Zone Code Interpretation - Ceramic Shop at corner of Willson Avenue and Kagy Boulevard I A letter received from Alan and Laura Bristol requesting a Zone Code Interpretation which would allow a ceramic shop in the professional office building located at the corner of Willson Avenue and Kagy Boulevard was presented. Mr. & Mrs. Bristol advised the Commission they wanted to transfer their ceramic shop, which offers lessons, as well as the sale of ceramics, supplies and accessories. They must secur a conditional use permit to operate the business. The Bristo1s are appearing before the City Commission to seek its determination whether or not ceramic shops fit the definition of a retail use serving the consumer directly as des- cribed in the conditional use section for B-1 districts. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that ceramic shops be interpretated to qualify as a conditional use in the B-1 neighborhood business district as a retail use serving the consumer directly. 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, none. Ordinance No. 1030 - Amend Section 18.48.020 Bozeman Zoning Ordinance Permit upholstery shops in B-3 district Ordinance No. 1030 amending Section 18.480.020 to allow upholstery shops in the Central Business District as prepared by the City Attorney was presented, entitled: ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING SECTION 18.48.020 TO ALLOW UPHOLSTERY SHOPS IN THE CENTRAL BUSINESS DISTRICT. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Ordinance No. 1030 amending Section 18.480.020 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner ~ndeventer and Mayor Sedivy, those voting No none. Commission Resolution No. 2068 - Create SID 605 - Paving Grafts First Addition Commission Resolution No. 2068 creating Special Improvement District No. 605, paving Graf's First Addition, as prepared by the City Attorney,was presented, entitled: COMMISSION RESOLUTION NO. 2068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVmlENT DISTRICT TO BE KNWON 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, MONTANA. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2068, creating SID No. 605 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Authorization to solicit for bids for demolition of Parking Commission properties - one large building on North Tracy Avenue I The Parking Commission wishes to initiate the process which would result in demolition of the building housing three businesses on North Tracy Avenue. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission authorize the demolition of the large building and instruct the Clerk of the Commission to issue a "Call for Bids" to be opened on Wednesday, July 3, 1979, at l:15 p.m. 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, none. Four "C's" - Approval of Day Care Center at Beall Park during Summer Approval was given to the use of the Beall Park Building as a day care center during the 236 summer by the Four "C's" contingent upon final approval by the City Attorney. The City Attorney stated he had reviewed the situation and felt everything was in order. Commission Resolution No. 2069 - Fix date, maturity date & principal amount of bonds - SID No. 594 - Figgins Addition - Block 5 Commission Resolution No. 2069, fixing the date, maturity date and principal amount of the bonds for SID No. 594, Figgins Addition, Block 5 was presented, entitled: COMMISSION RESOLUTION NO. 2069 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. 594. It was moved, by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2069 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 and Mayor Sedivy, those voting No, none. Raffle License application - Bill Fisher Benefit Drive The City Manager presented an application for the Bill Fisher Benefit Drive, along with the appropriate fee for the purpose of holding a raffle on June 15, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Raffle License Application be approved as presented. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Commission Resolution No. 2070 - Intent to Create'SID No. 598 - Paving Northwood Drive in Wheat Subdivision - Hearing July 3, 1979 Commission Resolution No. 2070 - declaring the intention to create SID No. 598, for the installation of paving and storm drains on Northwood Drive in Wheats Subdivision, as prepared by the City Attorney, was presented. COMMISSION RESOLUTION NO. 2070 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 DIS- TRICT NO. 598 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON NORTHWOOD DRIVE IN WHEAT SUBDIVISION IN THE CITY OF BOZEMAN. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2070 be passed and adopted, and July 3, 1979 be the date set for the public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Commission Resolution No. 2071 - Intent to Create SID No. 599 - Paving Bond Street, Gold Avenue & Bryant Street in Bomont Center and Industrial Properties Subdivision - Hearing July 3, 1979 Commission Resolution No. 2071 - declaring the intention to create SID No. 599, for the installation of paving and storm drains on Bond Street, Gold Avenue & Bryant Street in Bomont Cenerand Industrial Properties Subdivision, as prepared by the City Attorney, was presented. COMMISSION RESOLUTION NO. 207l 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. 599 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON BOND STREET, GOLD AVENUE AND BRYANT STREET IN BOMONT CENTER AND INDUSTRIAL PROPERTIES SUBDIVISIONS IN THE CITY OF BOZEMAN. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 2071 be passed and adopted, and July 3, 1979 be the date set for the public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, I I I , \", ~vl those voting No, none. Commission Resolution No. 2072 - Intent to Create SID No. 608 - Paving Westridge Drive and Landoe Avenue - Figgins Addition - Hearing July 3, 1979 Commission Resolution No. 2072 - declaring the intention to create SID No. 608, for the installation of paving and storm drains on Westridge Drive and Landoe Avenue in Figgins Addition, as prepared by the City Attorney, was presented. I COMMISSION RESOLUTION NO. 2072 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 IMPROVE- MENT DISTRICT NO. 608 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES THERETO ON WESTRIDGE DRIVE AND LANDOE AVENUE, FIGGINS ADDITION, IN THE CITY OF BOZEMAN. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commis- sion Resolution No. 2072 be passed and adopted, and July 3, 1979 be the date set for the public hearing. 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, none. Commission Resolution No. 2073 - Intent to Create SID No. 611 - Paving Heritage & Si1verwood Dr. Woodridge Addition - Hearing July 3, 1979 Commission Resolution No. 2073 - declaring the intention to create SID No. 611, for the snsta11ation of paving and storm drains on Heritage and Si1verwood Drive in Woodridge Addition, as prepared by the City Attorney, was presented. COMMISSION RESOLUTION NO. 2073 I A RESOLUTION OF THE CITY COMMISSIN 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 CON- CRETE CURBS AND GUTTERS, STORM DRAIN INLETS, AND NECESSARY APPURTEN- ANCES THERETO ON HERITAGE DRIVE AND SILVERWOOD DRIVE, WOODRIDGE ADD- ITION, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2073 be passed and adopted, and July 3, 1979 be the date set for the public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Commission Resolution No. 2074 - Intent to Create SID No. 613 - Paving North Broadway between Mendenhall and Avocado - Hearing July 3, 1979 Commission Resolution No. 2074 - declaring the intention to create SID No. 613, for the installation of paving and storm drains on North Broadway between Mendenhall and Avocado, as prepared by the City Attorney, was presented. COMMISSION RESOLUTION NO. 2074 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITYOF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 613 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVE- MENT, INTEGRAL CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON BROADWAY AVENUE BETWEEN EAST MENDENHALL STREET AND AVOCADO STREET IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that Commission Resolution No. 2074 be passed and adopted, and July 3, 1979 be the date set for the public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Adjourrunent There being no further business to come before the City Commission, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being .238 Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. .//:: :, /j ;~ '7#/. ./ __/_~_ i_t:<~-;'~' ~ EDMUND' P. SEDIVY, SR. I ATTEST: ~-) ~ ~/ . f)-~;,~", P. .. (-- 04 ERNA V. HARD I CL I I