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HomeMy WebLinkAbout1979-07-03 July 3, 1979 Bozeman, Montana 248 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 3, 1979, at 1:15 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 Plana1p and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, June 27, 1979, were approved as submitted. Preliminary Plat - Tom Langel, Story Hills West, Inc. - Story Hills Subdivision #2 & #3 I The request from Tom Langel for preliminary plat approval, having been continued for a period of one week for further study and on the ground inspection, was presented. Two members of the City Commission and several staff members visited the Story Hills with the applicant and his surveyor June 28. The City Manager and Planning Director felt that if done properly, the secondary access road was feasible as planned. It would not be even an average of 6 percent -- but would exceed that. The road--though very expensive--cou1d be built properly, and allowing certain safeguards. However, on June 29, the City Manager, the engineer from Survco, and the City Engineer visited the site. The City Engineer does not feel that the proposed secondary access for the Story Hills Road coming off of the very high ridge that goes east and west from the beacon is really a secondary access. It does not reach a street so that it can be approached from two directions. It doubles back into the Main Gulch Road within the subdivision. The City Engineer stated that the object of the auxiliary road is for access or exit from the area during an emergency. This definitely is not the type of road that could be con- sicered for that purpose especially in the winter time. The cross sections show that the normal angle of repose of the soils in that area is about 2\ to 1. The proposed road would steepen the cut slope to a l~ to 1, and in some areas it would require a retaining wall as high as 16 feet to make it possible to even build the road with the 1~ to 1 cut slope. Fill in one area will be over 20 feet through a draw the road crosses. The City Engineer felt that this would be a very expensive road to build with a serious question as to the stability that could be obtained even with seeding of the backs10pe. He did not feel that this road could serve any purpose and would probably never be built. The City Engineer said Mr. Langel and the City both preferred the access to the north which comes out of Bridger Canyon Road. The access to the south is no better than a four- wheel drive road. I The Planning Director presented copies of conditions to be attached to the proposed sub- divisions of Story Hills #2 and #3 and made a part thereof. The Planning Director advised the Commission that the developer had not had time to look at the conditions. Representatives of the Development of Community Affairs, the City and County Attorney's, the City Manager, Planning Director and City Staff met on Monday, July 2, 1979 regarding juris- diction of subdivisions within the three-mile perimeter surrounding the City. The Planning Director said the staff did not submit the conditions as a part of approval or dissapproval. The conditions are binding and will have to be changed if necessary. Joe Sabol, representing the applicant, requested that the plat be forwarded to the county for their consideration. He stated they would not need the plat to build the road. When the road is built it would have to be built according to county standards. This is done with city/county jurisdiction. moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Plat be and the conditions be negotiated. The motion was carried Aye and being Commissioner MacNab, Commissioner VA Swanson, Commissioner and Mayor Sedivy, those voting No Pre1iminar Plat Review - Dell Subdivision (Tom Lan side of Dell Place (extended) having been continued to . '..J(:~at approval on the proposed Dell Subdivision, the access"'l?"f;~J?::~, was brought before the Commission. minary plat approval for an amen4~d subdivision of Lots G,H,I and The amended subdivision is locctt'4l south of the Dell Place .'...... "', Gallatin Valley Railroad right-of-way, and north of '~ege Street extended. ""~~...."",,=- amended subdivision contains approximately 2.92 acres. ~~~~ The Planning Director summarized the Staff report. He advised the Commission tha~ The request from Tom Langel for The applicant seeks K of Guy's Road The Planning Staff would recommend approval of the proposed subdivisions of Story Hills #2 and #3 subject to the following conditions: Subdivision #2 1. That Lot 8 be redesigned, per Planning Staff approval, to reflect more suitable configuration, particularly that lot frontage on Big Gulch Drive. I 2. The final plat contain a notation that all ingress-egress on Big Gulch Drive be prohibited to or from Lots 17, 18, 25, 27, 31, 8, 1, 4, 2, 32, and 33. The final plat shall also con- tain a similar notation prohibiting ingress-egress on Hoffman Road to or from Lots 24 and 26. o All road junctions shall provide for at least a ninety degree (90 ) intersection. 3. 4. The proposed park area shall be redesigned to provide for more expanded flat area to the west of the park site initially proposed. All proposed park and/ or open space areas shown on the preliminary plat be dedicated to the public (to include all peripheral open space areas). 5. Lots 19 and 29 be redesigned to provide for more usable development sites and less restricted by the gas line easement passing through these properties. 6. Oddy Lane shall be relocated north to allow for increased lot area for Lot 4. 7. Lot 5 shall be redesigned to eliminate the proposed open space. Side lot lines for Lot 5 shall be the paralleling easement lines. 8. Lots 7 and 6 shall be combined. 9. Lots 32, 33, 34, and 35 shall be combined to form two lots and redesigned subject to Planning Staff approval. 10. All lots shall be serviced by a central water distribution system subject to the review and approval of the State Department of Health and Environmental Sciences. I ll. All existing and proposed roads be constructed or reconstructed to meet current City-County Planning area subdivision road standards. All roads shall be reviewed and approved by the City Engineer. All slopes associated with roadway cut and fill construction shall be pro- vided with appropriate vegetative cover to minimize sediment and erosion. The applicant/ developer shall furnish the Planning Office and City Engineer with the written recommendation of the County Extension Service for appropriate roadway slope vegetation prior to final plat approval, any construction of this road, or issuance of any building permits. All such re- .. quired slope vegetation shall become part of the final Improvements Agreement. 12. The open space corridor between Lots 5 and 6 shall be posted with an appropriate and per- manent all metal/steel sign designating this area. Sign dimensions shall be approved by the Planning Staff and be located within ten (10) feet of Big Gulch Drive. 13. The existing gas easement on the south of the property shall be redesigned approximately one hundred and fifty (150) feet northward to more accurately reflect its actual location. 14. The open space corridor between Lot 14 and Carney Road shall be posted with an apporpriate and permanent all metal/steel sign designating this area. Sign dimensions shall be approved by the Planning Staff and be located within ten (10) feet of Big Gulch Drive. Subdivision #3 1. Lots 1 and 2 be combined. 2. Cardwell Lane shall be eliminated and Lot 3 eliminated and integrated into proposed Lots 2 and 4 as shown on the preliminary plat. 3. P1utchuck Way shall not exceed seven hundred (700) feet in total length. Lots 5, 8, 9, 10 and 11 shall be redesigned accordingly and approved by the Planning Staff. 4. Fish Lane shall not exceed six hundred (600) feet in length. Lots 12, 13, 14, 15 and 16 shall be redesigned accordingly and approved by the Planning Staff. The existing access shown at this location, extending to the northern property line, shall be eliminated. I 5. Lots 17 and 18 shall be combined. A dashed line shall be placed on this lot on the final plat extending east-west across the lot and located approximately two hundred (200) feet north of Carney Road. 6. Lots 27 and 26 shall be combined. A notation shall be placed on the dashed line stating that construction and/or site development beyond this line is prohibited. 7. Lot 23 shall be enlarged to reflect the extension of the utility easement throught this property. Final plat design shall be approved by the Planning Staff. 8. Langel Drive shall be constructed to connect with existing Big Gulch Drive. 9. The power line easement extending north from the existing beacon shall be shown on the final plat. 10. The final plat shall contain a dash line extending from Big Gulch Drive north to the 2t186 northern property line of Subdivision 113 and proceeding through Lots 14, 15, and 16 stating that all construction or development on these lots shall be prohibited to the east of this line. This designation shall be approved by the Planning Staff. 11. The final plat shall contain a notation stating that Lots 6, 9, 12, 14 and 17 shall not take ingress-egress from Big Gulch Drive. Other Conditions If 1. The main entrance to Story Hills off "L" Street/Story Mill Road shall be widened and improved as specified by the City Engineer. Additionally, a standard stop sign shall be posted at this intersection for outbound Story Hills traffic. 2. Final plat(s) contain a notation stating that no further dividing of the lots as shown on the final p1at(s) is permitted. 3. All existing and proposed roads within the Story Hills area which will provide principal and/ or secondary access to Subdivisions #2 and #3 shall be constructed or reconstructed to meet current City-County Planning area subdivision road standards. All such roads shall be re- viewed and approved by the City Engineer. These conditions shall pertain to and include the entire length of Big Gulch Drive which provides principle ingress-egress to Subdivisions #2 and #3 from its beginning at "L" Street/Story Mill Road through to its frontage along Lot 26 in Subdivision 1137 These conditions shall also apply to the proposed secondary access road to be designated on the final p1at(s) and approved by the City Engineer and as described in the Staff Report. 4. The location of the proposed reservoir shall be designated on the final plat and shall not be part of a proposed residential building site. 5. All road junctions shall provide for at least a ninety degree (900) intersection. 6. All existing and proposed roads be constructed or reconstructed to meet current City- County Planning area subdivision road standards. All roads shall be reviewed and approved by the City Engineer. All slopes associated with roadway cut and fill construction shall be provided with approprite vegetative cover to minimize sediment and erosion. The appli- cant/developer shall furnish the Planning Office and City Engineer with the written recom- mendation of the County Extension Service for appropriate roadway slope vegetation prior to final plat approval, any construction of this road, or issuance of any building permits. All such required slope vegetation shall become part of the final Improvements Agreement. I 7. The State Department of Health and Environmental Sciences approves the proposed subdivisions for suitable storm drainage soils suitability for individual septic drainfie1d systems and certifies that adequate groundwater exists from individual wells and the proposed community water system for Subdivision #2 and approves the design and construction of the community water system for Subdivision #2. 8. A final Improvements Agreement be signed by the developer for Subdivisions #2 and 113, in- cluding all appropriate and necessary bonds or other sureties to guarantee completion of all required subdivision improvements. 9. The proposed secondary access road shall be named and shall be constructed prior to final plat approval and before any building permits are approved for lots in Subdivisions #2 and #3. 10. All necessary Certificates and notations be added to the final plats prior to its (their) submittal and approval. 11. Proper sediment and erosion control measures be undertaken as approved and specified by the City Engineer. These recommendations shall be incorporated into the final Improvements Agreement. 12. The road system and lots be staked to allow for Staff on-site inspection prior to final plat approval of any questionable lots and/or road systems. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Preliminary Plat be acknowledged and the conditions be negotiated. The motion was carried by the following Aye and No vote, thsoe voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Preliminary Plat Review - Dell Subdivision (Tom Langel) East side of Dell Place (extended) The request from Tom Langel for preliminary plat approval on the proposed Dell Subdivision, having been continued to further research the access problem, was brought before the Commission. The applicant seeks preliminary plat approval for an amended subdivision of Lots G, H, I and K of Guy's 2nd Addition to Bozeman. The amended subdivision is located south of the Dell Place Road terminus west of Gallatin Valley Railroad right-of-way, and north of College Street extended. The proposed amended subdivision contains approximately 2.92 acres. The Planning Director summarized the Staff report. He advised the Commission that the .". q '- I \....0 I City Engineers saw no problem with the proposed sewer system. Ron Marcoux of the Montana Fish and Game Development expressed a concern over the im- pacts of any development in that area and the effect it would have on Spring Creek. He then pro- ceeded to show a series of slides indicating the natural condition of Spring Creek and emphasized concern that extreme care be taken in preserving Spring Creek's existing condition. The City Manager suggested that a number of alternatives exist by which the various issues associated with approval of this plat cou1t be satisfied. An issue that as yet has to be fully resolved is the alignment and construction of College Street East from Black Avenue. The City Manager suggested that although a number alternatives in this regard have been discussed, one option may seem most practical is to extend College Street East and South of Spring Creek to the existing Milwaukee Railroad right-of-way. This option will be more fully explored by City personnel. Kenneth Bryson of 716 South Black Avenue expressed his concer as to how College Street maybe constructed and financed and the financial effect a possible Special Improvement District for the College Street Construction would have on a single family property owner. He advised the Commission that the developers could pass the cost of the SID's on to the buyers. He was concerned that it be determined that College Street was particularly necessary for the proposed Langel Subdivision and that other alternatives such as the development of Alderson Street be fully explored. Also he expressed support for the idea that the alley being proposed for sub- division development be examined for its potential as a natural park area. Tom Langel, developer of the proposed project requested the City Commission to consider approving the Subdivision Plat and allowing him to develop Alderson Street as a temporary gravel based access. Mr. Langel said he would try to work cooperatively with Don Nell, an adjacent property owner to the West, in developing Alderson Street to acceptable City road standards. Earl Best of 306 Lindley Place, looked over the area and he felt there was a great potential for a wilderness area since it was in the flood plain. He felt Bozeman needed an area of that kind,and the people living in Bozeman should be responsible and should try to preserve those I areas. Fred Nelson, 213 Lindley Place, also was concerned that College Street would be serving only two developers. He said if College Street is extended at all it should go all the way to Sourdough Road as provided in the Master Plan. Mr. Springer indicated that the property would not be in the flood plain. Mr. Marcoux said the flood plain should be fully explored before assuming something. Discussion centered on the Alderson Street proposal with no firm decision being reached by the City Commission. The City Manager indicated that he was pleased with the discussion that had occurred on this matter today and stated that all suggestions offered would be evaluated and a firm recom- mendation made on this proposal as quickly as possible. Public Hearing - Conditional Use Permit - Paul Jesswein - Construction of Garage attached to house located at 1907 Bridger Drive I This was the time and place set for a public hearing to consider the Conditional Use Permit for Paul Jesswein. The applicant seeks a conditional use permit to allow the construction of a garage attached to his existing house, located at 1907 Bridger Drive. The garage will contain 700 square feet. The site is zoned RS-1-T designation which requires conditional use review for each use. The Planning Director presented the staff report which recommended approval thereof. Mr. Jesswein was present and explained that the garage can conform to the setbacks within the RS-1 zone, those being 25-foot side yards and a 35-foot front yard. The City Manager advised the Commission that both the Planning Director and the Building Inspector conceded that there are no problems in connection with the construction of the garage. The Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, July 11, 1979. Public Hearing - Ben Grinwis - R-4 to B-2 Northwest corner of the intersection of North 5th and Peach - Zone Map Change This was the time and place set for a public hearing to consider the request of Ben Grinwis for a zone map change from R-4 to B-2. The applicant seeks to change the City's Official Zoning Map which would reclassify the ?r:;o ''''^''' '\..) zoning on Lot ll, Block 1 in the North 7th Addition from R-4 to B-2. The area is located in the northwest corner of the intersection of North Fifth Avenue and Peach Street. The Planning Director presented the staff report which recommended denial thereof. The Zoning Commission recommended approval with the "T" designation. Betty Suhr of SOl West Peach was present and supported the Zone Map Change. Margaret Walton of 512 North Fifth Avenue was present to protest the Zone Map Change. She felt the added traffic would present a problem because of the Whittier School. There being no further discussion, the Mayor declared the hearing closed and a decision will be forthcoming on July 11, 1979. I Public Hearing - Betty Suhr - Zone Map Change - R-4 to B-2 - Northwest corner of the inter- section of North 5th and Peach The Mayor declared the continued hearing to consider the request of Betty Suhr for a Zone Map Change from R-4 to B-2 reopened. The applicant seeks to change the City's Official Zoning Map which would reclassify the zoning on approximately 15,000 square feet of land from R-4 to B-2 which is in conflict with the Bozeman Area Master Plan designation of Medium Density Residential. The area is located in the Northwest corner of the intersection of North Fifth Avenue and Peach Street. The Planning Director presented the staff report which recommended denial of the zone map change. The applicant was present and advised the Commission that she wished to establish an antique shop where the former garbage business had been. Margaret Walton of 512 North Fifth Avenue was present and protested the Zone Map Change. She felt the added traffic would create a problem because of the Whittier School. There being no further discussion, the Mayor declared the hearing closed and a decision will be forthcoming on July 11, 1979. Public Hearing - Zone Map Change - Virgil Jahnke - R-S to R-2, R-4, R-5 T-H, T-R and B-1 320 acres West of and adjacent to Fish and Game I This was the time and place set for a public hearing to consider the request of Virgil Jahnke who seeks a Zone Map Change from R-S to R-2, R-4, R-5, T-H, T-R and B-1. The applicant seeks to change the City's Official Zoning Map which would reclassify the zoning on approximately 320 acres located West of and adjacent to the State Fish and Game. The Planning Director presented the staff report which recommended approval of the zone map change as outlined on the diagram conditioned upon successful annexation of the property to the City of Bozeman, Joe Sabol, representing the applicant, stated that there would be no way to develop the property intensely unless an annexation is approved. He stated he initially made the appli- cant aware of all of the potential problems such as sewer, water, etc., that would be en- countered if he wished to develop the area. He further stated the applicant wants to take the original idea of townhouse areas and provide low-density townhouses along Babcock to the north and add a high-density townhouse area on Babcock Street to the souths ide so that townhouses border Babcock Street. Roger Smith did not oppose the zone map change. He had some questions and said he would approve the zone map change if the area is annexed into the City. Mary Ellen McMillan approved the zone map change with the cooperation from the developer. Jim Cummings stated that a lot of the questions would be answered in the annexation report. Janet Swenson was present and objected to the zone map change. She voiced her concern for Durston Road bieng in poor driving condition and the adjacent fields being filled with water during periods of the year. She felt these issues should be taken into consideration. She furhter voiced her concerns for widening Durston Road and creating new commercial zones which she approved except that they not infringe on residential areas. The City Engineer advised the Commission that Durston Road could not handle the traffic to be generated from this project. He said the road would require considerable upgrading. He informed the Commission of his objection to this application. He felt the development was not needed at this time. I The Planning Director advised the Commission that it would be well to consider the Master Plan Amendment and the Zone Map Change at the same time. The Commission could look at the land uses. The Planning Director further advised the Commission that he would like to receive an 'I i'" "." ~'" '::.J) I amended Master Plan on the East side of Section ten from the Planning Department. He would also like to receive a zoning change on Section ten, both of which would be subject to this property being annexed into the City. If this does not happen, then the property will remain as is. The City Attorney advised the Commission that the County Commissioners agreed generally to go along with the Planning Directors recommendations. The Mayor declared the hearing closed and a decision will be made on July 11, 1979. Public Hearing - Zone Map Change - Er1enbush/Beck R-3 to R-O Six acres east and adjacent to S. 19th, extending northerly from W. Koch and easterly approximately 337 feet from South 19th Avenue I This was the time and place set for a public hearing to consider the request of Er1enbush/ Beck who seeks a Zone Map Change from R-3 to R-O. The Applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately six acres of land from R-3 to R-O. The area is located east of and adjacent to South Nineteenth Avenue extending northerly from West Koch Street approximately 661 feet and extending easterly approximately 337 feet from South Nineteenth Avenue. The Planning Director presented the staff report which recommended that the application for a zone map change be denied. Joe Sabol, representative for the applicant, stated that the property was undoubtedly seen before, and he felt the applicants request for an R-O designation was proper based on the staff report findings. The applicant is willing to develop the property now, if the zone change is approved. He further stated that even though nothing exists on the property, the staff recom- mendation for denial is based on assumptions. He strongly requested that approval be granted with the "T" designation. Bob Cooper of 306 South Fifteenth opposed the Zone Map Change. He was very concerned about the traffic in that area. Mr. & Mrs. E.W. Annacker also opposed the Zone Map Change. They felt there were more than enough offices already. They felt that the stability of a residential neighborhood diminishes with each zone change. The Mayor declared the public hearing closed and a decision will be made on Ju1yll, 1979. . Public Hearing - Zone Map Change - James Placek R-3 to R-O South and adjacent to W. Koch, approximately 430 feet east of South 19th This was the time and place set for a public hearing to consider the request of James Placek who seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately one and one-quarter acres of land from R-3 to R-O. The area is located south of and adjacent to West Koch Street and is approximately 430 feet east of South Nineteenth Avenue. I The Planning Director presented the staff report which recommended that this application for a zone map change from R-3 to R-O be denied. The applicant pointed out to the Commission that when the property was originally zoned in 1960 and when the 1967 City Master Plan was proposed, the Rosary property had not been planned to become the new Court House. He further pointed out that the property is adjacent to the new County Law and Justice Property, and felt it appropriate that the zone change be approved. Mrs. Placek felt that residential areas should not be mixed with business property. She felt the R-O would be a natural since Koch Street divides the R-O from the R-3. A letter from Mr. & Mrs. E.W. Annacker opposing the Zone Map Change was presented. They felt there were enough offices already. There being no further discussion, the Mayor declared the hearing closed, and a decision will be forthcoming on July 1l, 1979. Public Hearing - Zone Code Amendment - City County Planning - Chapter 18.21 R-S Residential Suburban-Country Estates - Major Revision This was the time and place set for a public hearing to consider the request of the City/ County Planning for a Zone Code Amendment for Chapter 18.21 R-S. The code amendment is intended to offer a more realistic and effective yet flexible method to address the increasing pressure for one-acre plus size lot rural development within the three mile zoning area balanced against the need to preserve alternative City expansionary options and to maximize land use while at the same time providing reasonable options for residential building sites and locations. 252 The hearing will be continued for further study. Public Hearing - Zone Code Amendment - City/County Planning - Chapter 18.69.210 (proposed New addition This was the time and place set for a public hearing to consider the request of the City/ County Planning for a Zone Code Amendment for Chapter 18.69.210. The proposed code amendment, if approved, would require that whenever building lots/sites are created within any established R-1, R-2, R-3, R-4, R-5 and sanitary sewer collection systems shall be utilized. Both the City Engineer and the Water Superintendent would be required to review and approve any such proposed central utility systems for compliance with the City of Bozeman's adopted standards and criteria for these services. The hearing will be continued for further study. I Public Hearing - Commission Resolution No. 2070 - SID No. 598 - Paving Northwood Drive This was the time and place set in Commission Resolution No. 2070, to hear the protests to the creation of Special Improvement District No. 598, installation of paving on Northwood Drive in Wheat Subdivision. Affidavit of publication 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. The Mayor declared the hearing closed and upon recommendation by the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Attorney be dir- ected 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. Public Hearing - Commission Resolution No. 2071 - SID No. 599 - Paving and Storm Drains - Bomont Center & Industrial Properties This was the time and place set in Commission Resolution No. 2071, to hear the protests to the creation of Special Improvement District No. 599, installation of paving and storm drains on Bomont Center and Industrial Properties. Affidavit of publication 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. 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 directed to draw up a resolution creating the district. The motion was carried by the fo110w~ ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I Public Hearing - Commission Resolution No. 2072 - SID No. 608 - Paving on Westridge Drive and Landoe Avenue - Figgins Addition This was the time and place set in Commission Resolution No. 2072, to hear the protest to the creation of Special Improvement District No. 608, installation of paving on Westridge Drive and Landoe Avenue. Affidavit of publication 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. The Mayor declared the hearing closed and upon recommendation by the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City Attorney be directed to draw up a resolution creating the district. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Public Hearing - Commission Resolution No. 2073 - SID No. 611 - Paving and Storm Drains Heritage & Si1verwood Drive - Woodridge Addition I This was the time and place set in Commission Resolution No. 2073, to hear the protest to the creation of Special Improvement District NO. 611, installation of paving and storm drains on Heritage & Si1verwood Drive in Woodridge Addition. Affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law were presented. r __ f"" I .c.. J\..~' I 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 MacNab, secamded by Commissioner Vollmer, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Public Hearing - Commission Resolution No. 2074 - SID No. 613 - Paving on Broadway between East Mendenhall Street and Avocado Street This was the time and place set in Commission Resolution No. 2074, to hear the protest to the creation of Special Improvement District NO. 613, installation of paving on Br6~dway between East Mendenhall Street and Avocado Street. Affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law were pre- sented. 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 Vollmer, seconded by Commissioner Swanson, that the City Attorney be dir- ected 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. Sign Code Variance - Phidippides Sports International - 33 South Willson A letter received from Orville P. Hess of Phidippides Sports International requesting a variance to a wooden sign in a fire zone #l was presented. The sign will be 44" X 30" and the height will be approximately eleven feet from the side- walk. I The Commission concurred in the recommendation of the Building Inspector also concurred in by the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the variance for a wood sign to be located at 33 South Willson 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, none. Commission Resolution No. 2076 - Fix date, maturity date & principal amount Bonds, SID No. 607 Commission Resolution No. 2076, fixing the date, maturity date and principal amount of the bonds for SID No. 607, paving and storm drains - Nik1es & Gilderson Drive - McChesney Indust- rial Park, was presented, entitled: COMMISSION RESOLUTION NO. 2076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 607. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Commission Resolution No. 2076 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. DAV - Request to sell forget-me-nots - Veterans of Foreign Wars - July 21 and August 2, 3 & 4 I A letter received from The Disabled American Veternas of Bozeman Chapter No. 12, requesting permission to sell For-Get-Me-Not's on the streets of Bozeman and in other public places in the City of Bozeman during Crazy Days on July 21, and during the Sweet Pea Festival on August 2, 3, & 4, 1979. was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Disabled American Veterans of Bozeman be granted permission to sell the For-Get-Me-Not's on the above dates. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. ? r::;1+ ",..v I Authorize transfer of $336,819.38 Revenue Sharing Funds - All general fund Payroll and additional general fund purchases The City Manager requested authorization to transfer $336,819.38 from the Revenue Sharing Fund account for the general fund payroll and additional general fund purchases. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion approve the request to transfer $336,819.38 from the revenue sharing fund account. 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. Claims The general claims for the month of June 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 approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that fue 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. Reappointment to Zoning Commission - Ross Brunner Mayor Sedivy announced his reappointment of Ross Brunner to the Zoning Commission effective July 1, 1979 for a two year period ending June 30, 1981. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission concur in the reappointment made by the Mayor. 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. Letter of Condolence to family of Louise Spain It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that an expression of condolence be sent to the family of Mrs. Louise Spain, who had recently passed away. 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. Adjournment There being no further business to come before the City Commission, it was moved by Commissioner MacNab, seconded by Commissioner Vandeventer, 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. ATTEST: ~ E I I I