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HomeMy WebLinkAbout1979-07-11 ~ f". r-- L ..j ~: July 11, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, July 11, 1979, at 1:l5 p.m. Present were Mayor Sedivy, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney P1ana1p and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, July 3, 1979, were approved as submitted. Preliminary Plat - Tom Langel, Story Hills West, Inc. - Story Hills #2 and #3 - consideration of conditions I The Commission acknowledged the preliminary plat and receipt of the Planning Staff's rec- ommended conditions on Wednesday, July 3, 1979. The City Manager advised the Commission that the preliminary plat should be forwarded to the County Commission with a recommendation of approval, with or without the conditions or with any revisions, as prepared by the Planning Staff or with a recommendation of denial. Tom Langel requested that he be given a copy of the condiions. In reviewing the conditions, Mr. Langel indicated most of the conditions had been satisfied. Mr. Langel's main opposition was for the City Engineer to oversee the design and construction of the roads because the property is outside the City's jurisdiction. He contended that in the past the County Engineer has always been responsible for this review. The City Manager said this issue is associated withfue conflict as to who has subdivision jurisdiction within the three mile zoning area - the City or the County. The City Attorney indicated that he, the City Manager, the Planning Director, the Deputy County Attorney, and the Land Use Attorney from the Department of Community Affairs have recently met to try and resolve this dispute. In further discussion with the County Attorney, the City Attorney stated that it was agreed that the most expeditious avenue to pursue in resolving this issue would be for the City Attorney to file declaring judgement (in essence a friendly lawsuit) in the 18th District Court against the County Commission. He indicated that he is preparing the necessary papers and expects to have the court's decision within three months. The Mayor asked if any conditions could then be placed on the plat after the City Commis- sion gives preliminary approval. The Commission asked if the preliminary plat conditions could be retroactive. The City Attorney expounded by saying that if the City Commission has certain doubts about any aspect of this proposed development, that it should place the conditions on the preliminary plat now. It may be possible that certain conditions could be waived as modified when the final plat is presented to the Director of Public Service for his signature. The Planning Director, stated that conditions cannot be attached to the preliminary plat once the governing body has given preliminary plat approval or when the final plat is to be signed. If conditions are to be placed on a proposed subdivision, they must become part of the preliminary plat approval. The City Attorney stated that when the final plat is prepared for the Director of Public Service's signature - if all required preliminary conditions are met - then the plat can be signed. If they have not been met, the Director of Public Service can refuse to sign the plat. The City Manager stated that when the final plat is brought in for his signature, if all of the preliminary plat conditions have been met, then he will sign the plat, if not, he will not sign the final plat. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the prelim- inary plat be approved and referred to the County Commissioners subject to all of the conditions being attached thereto. The motion was carried by the following Aye and No vote, those voting Aye bing Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Decision - Conditional Use Permit - Paul Jesswein - Construction of garage attached to house located at 1907 Bridger Drive Action was delayed on the request of Paul Jesswein who seeks a Conditional Use Permit for a period of one week. The Commission concurred in the recommendation of the Zoning Commission, who concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request for a conditional use permit to allow construction of 256 a garage attached to Mr. Jesswein's existng house located at 1907 Bridger Drive. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commiss- ioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Decision - Zone Map Change - Ben Grinwis - R-4 to B-2 Northwest corner of intersection of North Fifth Avenue and Peach Street I Action was delayed on Ben Grinwis's request for a Zone Map Change from R-4 to B-2. The applicant seeks the Zone Map Change to reclassify the zoning on Lot 11, Block l, in the North 7th Addition from R-4 B-2. The area is generally located in the northwest corner of the intersection of North Fifth Avenue and Peach Street. The Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the Zone Map Change from R-4 to B-2 with a "T" designation attached. 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. Decision - Zone Map Change - Betty Suhr - R-4 to B-2 Northwest corner of the intersection of North Fifth Avenue and Peach Street The decision on the request of Betty Suhr for a Zone Map Change from R-4 to B-2, having been delayed for a period of one week, was brought before the Commission for a decision. The applicant seeks the Zone Map Change to reclassify the zoning from R-4 to B-2. The area is generally located in the northwest corner of the intersection of North Fifth Avenue and Peach Street. The City Manager recommended approval of the request for a zone map change from R-4 to B-2 with a "T" designation attached. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve1the Zone Map Change from R-4 to B-2 with a "T" designation attached. 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 Decision - 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 The decision on the request of Virgil Jahnke for a Zone Map Change from R-S to R-2, R-4, R-5, T-H, T-R and B-1, having been delayed for a period of one week, was brought before the Commission for a decision. The applicant seeks the Zone Map Change to reclassify the zoning on a 320 acre parcel of land west of and adjacent tothe Fish and Game. The City Manager advised the Commission that the Planning Staff and the Doards and commis- sions which have dealt with the planned use of this property apparently have no serious object- ions as proposed. The advisability of a master plan revision was suggested, perhaps prior to approval of the zone map change. The Planning Director indicated the proposed zoning and the land use plan recommended for approval by the Planning Board are consistant so no problems appear to exist in this regard. He stated the question is whether or not to proceed with Commission action on the Jahnke zone map change until the Master Plan amendment has been approved. He felt that it would seem to be reasonable and expedient, in this particular case, for the City Commission to act on the pending zone map change subject to the condition that the Master Plan is formally amended as recommended by the Planning Board. He further stated that in the future, zone map changes will not be initiated which require Master Plan amendments until the amendment has been approved by both governing bodies. The Planning Director advised the Commission that he felt the Master Plan Amendment could be completed by next week and that it be formalized through resolution by that time. Mrs. Swenson was present and said she was concerned about the development along Durston. She would like to see the souths ide of Durston kept in residential development. The City Attorney inquired as to whether the applicant would entertain a stipulation that the petition for annexation would be submitted within a certain time. Mr. Sabol, representing I ~ r ':':"v the applicant, said yes within sixty days. Jim Cummings of Thomas, Dean & Hoskins, Engineers, indicated the B-1 District in the North- west corner of Durston and Ferguson Roads would effect the street right-of-way and the storm drain- I age right-of-way. Roger Smith, property owner to the north of the area in question, expressed some questions as to the proposed land use designations. He questioned who would be responsible for the main- tenance of these ditches, and who would be liable for legal issues associated with any water right disputes. Mr. Sabol assured Mr. Smith, the Planning Department and the City Commission, that every effort will be made to have the developer work with all persons as well as the City. Land owners are protected in the quantity arid~,7qiJ.alit~ ,-of--water-theycneed by water-rIght claims. The City Manager recommended approval of the Zone Map Change as recommended by the Zoning Commission with the one exception that the T-H district south of West Babcock be replaced by extension of the R-3 and R-4 zoning district respectively. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request of Virgil Jahnke for a Zone Map Change from R-S to R-2, R-4, R-5, T-R, and B-1, and that the T-H district south of West Babcock be replaced by extension of the R-3 and R-4 zoning district respecti~e1y. 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. Decision - Zone Map Change - Er1enbush/Beck - R-3 to R-O six acres east 9f and adjacent to South 19th, extending northerly from West Koch and easterly approximately 430 feet east of South Nineteenth I The decision on the request of Er1enbush/Beck for a Zone Map Change from R-3 to R-O, having been delayed for a period of one week, was brought before the Commission for a decision. The applicant seeks a Zone Map Change to rezone six acres east of and adjacent to South 19th, extending northerly from West Koch and easterly approximately 430 feet east of South Nineteenth. The City Manager concurred in the recommendation of the Zoning Commission and recommended denial of the Zone Map Change. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request for a Zone Map Change be denied. 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 Map Change - James Placek - R-3 to R-O south of and adjacent to W. Koch, approx- mate1y 430 feet east of South Nineteenth The decision on the request of James Placek for a Zone Map Change from R-3 to R-O, having been delayed for a period of one week, was brought before the Commission for a decision. The applicant seeks a Zone Map Change to rezone approximately one and one-quarter acre of land located south of and adjacent to West Koch Street and is approximately 430 feet east of South Nineteenth Avenue. The Zoning Commission saw no objection to rezoning this parcel from R-3 to R-O because of its immediate proximity to the Law and Justice Center, it would be appropriate to allow offices particularly legal office - - adjacent to the Center itself. The City Manager would have preferred making park property of this parcel, but concurred in the recommendation of the Zoning Commission and recommended approval of the Zone Map Change from R-3 to R-O. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request for a Zone Map Change be denied. The motion failed for lack of a majority voting Aye. (Those voting Aye being Commissioner Swanson and Commissioner Vandeventer, those voting No being Commis- sioner MacNab, Commissioner Vollmer and Mayor Sedivy.) It was then moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion approve the Zone Map Change request. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, being Commissioner Swanson and Commissioner Vandeventer. Public Hearing - Conditional Use Permit - C. Ballinger - Construction of addition to existing shop located at 917 Bridger Drive This was the time and place set for a public hearing to consider the Conditional Use ?r:::R _ v C Permit for Gene Ballinger. The applicant seeks a conditional use permit which, if granted, would allow the construction of an addition to the existing shop located at 917 West Bridger Drive. The addition contains approximately 3,150 square feet. The site is in an M-I-T zone which required conditional use review for the "Transitional" designation. The Planning Director presented the staff report which recommended approval subject to conditions. The applicant addressed the Commission and stated he did not agree with paving all parking and driveways. The Planning Director stated that the Zoning Code requires that all parking areas and associated ingress and egress points be paved. There was no one present to protest. The Mayor declared the public hearing closed and a decision will be forthcoming on Wed- nesday, July 18, 1979. I Public Hearing - Conditional Use Permit - Gerald Hovland - conversion existing structure into insurance office and beauty shop - 1013 West Babcock This was the time and place set for a public hearing to consider the Conditional Use Permit for Gerald Hovland. The applicant seeks a conditional use permit which, if approved, would allow the conversion of an existing structure for use as an insurance office and a beauty shop. The structure is lo- cated at lOl3 West Babcock Street. The Planning Director presented the staff report which recommended approval subject to conditions. Commissioner Vandeventer was confused as to where the parking would be located. The Planning Director stated the parking would be developed so that the stalls are perpendicular to South 11th Avenue located north of the building. The Zoning Commission required that four parking spaces be provided before approving the conditional use permit application. Mr. Hovland was present and stated they were providing eight parking spaces. The Mayor declared the public hearing closed and a decision will be made on Wednes- day, July 18. I Public Hearing - Conditional Use Permit - Alan Bristol- ceramic shop located at 121 West Kagy Boulevard This was the time and place set for a public hearing to consider the Conditional Use Permit for Alan Bristol. The applicant seeks a conditional use permit to establish a ceramic shop located at 121 West Kagy Boulevard. The shop will specialize in selling finished ceramics and supplies as well as offering ceramic lessons to the general public. The shop will include a firing and work area for classwork. The Planning Director presented the staff report which recommended approval of the Con- ditional Use Permit. Mr. Bristol was present to answer any questions. The Mayor declared the hearing closed, and a decision will be made on Wednesday, July 18, 1979. Public Hearing - Conditional Use Permit - Kroh Brother Development Company - construction of seven building shopping center corner of West Babcock Street and South Twenty-Third Avenue This was the time and place set for a public hearing to consider the Conditional Use Permit for Kroh Brothers Development Company. The applicant seeks a conditional use permit to construct a seven unit commercial shopping center to be developed on the southeast corner of West Babcock Street and South 23rd Avenue. The total gross building area will be approximately 151,175 square feet. The area is zoned B-2-T, therefore, the proposed use must be reviewed under the conditional use procedures. The Planning Director presented the Staff report which recommended approval subject to conditions. Joe Sabol, Representative for Kroh Brothers, presented an abbreviated presentation to the Commission regarding the conditional use permit. Bill Armstrong, President of Plan Development for Kroh Brothers, discussed the problems that Kroh Brothers had with the above said conditions. He indicated that they planned to move I . r- (.', .:. \.) 0 I the free-standing sign into the small island area fronting along West Main Street. This relo- cation would give the sign better visibility to passing motorists. He felt that the require- ment that signing be initiated for the Drugstore Building Material Store was unreasonable since these major tenants had their own specific signing treatments. Mr. Armstrong asked for an 18 x 22 sign. The Planning Director advised the Commission that the staff report recommended the pilion sign be limited to a maximum of twenty-five feet in height, and a maximum sign area of one hundred fifty feet. Roger Smith, property owner to the north of the area in question, expressed some concern about quantity and quality of water flowing through his property. He asked what will the sediment erosion pouring into the ditch drain do. The Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, July 18, 1979. Discussion/Determination - Placement of new library building on site The City Manager had invited the architects for the new library to present to the City Commission, as they had already presented to the Library Board and selected members of the City Staff, alternate building site choices for both the East and West sides of Sour Dough Creek. Mr. George Mattson, representing the architects, explained at great length their consideration of both sides of the creek, and presented reasons for their preference of the east side. These included greater exposure at an intersection such as Rouse and Lamme; an appropriate entrance/ landscaping area between the structure and the adjacent building on the South, as well as land- scaping along both sides of the creek; and a single parking lot as opposed to parking lots on either side of the structure. I The City Manager responded that neither he nor the City Commission have ever intended that the east side of Sour Dough Creek be available for a new library structure. The Hoffman and Hagen properties (adjacent to the City properties on the West side and fronting on Lamme) had been purchased to provide sufficient space on the west side of the creek, for both the struct- ure and the required off-street parking. Further, the price for transfer of the land had been determined on the same basis as the cost of the Hoffman and Hagen properties, namely five($5.00) dollars per square foot. These two properties, totaled 15,000 square feet, plus 23,250 square feet adjacent to them on the east side, were to comprise the library site. This made for a parcel 155' east along Lamme from the Northeast corner of the Hoffman property, and thence South ISO' to fue South boundary of the City property. This barely crosses Sour Dough Creek, and relegated the balance of the property on the east side of Sour Dough Creek for continued use of the City Shops on the site, and possible City employee off-street parking in the future. At no time did either the City Commission or the City Manager consider the East side of Sour Dough Creek as a Municipal Library Building Site. Four other reasons were stated by the City Manager, for preferring the west side site. (1) Placing the structure on the east side would immediately displace the shop building. (2) The City Engineer preferred the west side site because it is slightly higher and further from the flood plain. (3) All users of the library would be required to cross the pedestrian bridge from the west side parking lot. Although pleasant in the summer time, this could be hazard- ous and increase liability exposure during the wintertime. (4) A parking lot at the immediate corner of Lamme and Rouse would be convenient and available for persons attending functions at the Hawthorne School. I These comments prompted statements and responses from Gallatin Library Board members and Friends of the Library in the audience, who suggested that the City Commission has no prerog- ative in this site selection process. If the Library Board existed as required by State Statute, it was contended that such a Board of Trustees had exclusive authority over such matters. The City Attorney was requested to submit a legal opinion as to the statutory provision pertaining to Library Boards. This opinion was requested for the meeting of July 18, 1979. Interpretation of use concerning zoning applicable to property owned by Ed Lester A letter received from Attorney William Pepper requesting an interpretation of use con- cerning the zoning applicable to the property owned by his client, Mr. Ed. Lester, was presented. 260 Mr. Lester, owns the premises located at 10573 Kelly Canyon Road, which is in a zoning district classified as "Agriculture Suburban District". Mr. Pepper advised the Commission that his client proposes to conduct a meat cutting business on a part time basis from the garage attached to his dwelling. Mr. Lester said he simply proposes to accept orders from farmers to cut their meat for them. No killing would be done on the prem- ises, rather, he anticipates receiving orders, then going to the particular rancher's home, kill- ing the beef there, cutting it into quarters, then transferring the meat by pickup truck to his garage. Mr. Lester further advised the Commission that the exterior appearance of the building will be in no way affected by his proposed business. Mr. Pepper also presented a petition signed by nine property owners stating they do not object to the meat cutting shop in Mr. Lester's garage. The City Attorney asked the petitioner what the size of his building was. Mr. Lester said the size of his home was 1800 square feet exclusive of the garage. The City Attorney said he would like to have an affidavit stating the Home is 1800 square fee exclusive of the garage and that the area being used would not be more than twenty percent of the entire building. The Attorney representing the petitioner said he would be pleased to furnish that information. The City Attorney was instructed to draw up the instruments and proceed along those lines in regard to the'iilterpretation requested by Mr. Pepper. I Commission Resolution No. 2082 - Purchase of Road Oil for use in repairing streets and sealing certain sections of existing pavement within City Commission Resolution No. 2082 authorizing the purchase of not to exceed 25,000 of Road Oil during the fiscal year July 1, 1979 to June 30, 1980, for use by the Street Department in repairing pavement and for sealing certain sections of existing pavement within the City from the Montana Highway Department was presented as follows: COMMISSION RESOLUTION NO. 2082 Purchase of Road Oil I WHEREAS, the City of Bozeman will have need during the fiscal year July 1, 1979 - June 30, 1980, for road oils for use in repairing streets and the sealing certain sections of existing pavement within the City, and WHEREAS, the City of Bozeman does not have proper facilities for handling and storing the needed quantities of oils, and WHEREAS, the Montana State Highway Department does have storage facilities and normally does have quantities of the required types of oils stored in Bozeman from which it can supply the quantities needed by the City of Bozeman. NOW, THEREFORE, BE IT RESOLVED: That an emergency does exist relative to the procurement of road oils by the City of Bozeman and the City Manager is hereby authorized to purchase from the Montana State Highway Department, for its stocks in storage in Bozeman approximately twenty-five (25,000) gallons of road oil, this to be purchased from time to time during the fiscal year July 1, 1979 - June 30, 1980, as needed by the City of Bozeman for repair and sealing of existing pavements, and these quantities of road oils to be purchased at cost plus normal handling charges. Said purchase is to be made from HB254 and SB362 "Gas Tax Funds." PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a reg- ular meeting of said Commission held on the 11th day of July, 1979. EDMUND P. SEDIVY, SR., MAYOR ATTEST: I ERNA V. HARDING, CLERK OF THE CITY COMMISSION It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commis- sion Resolution No. 2082 be passed and adopted and purchase be made from HB254 and SB362 "Gas Tax Funds." 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" .c..0J Approve plans and specifications - SID No. 598 - paving and storm drain Northwood Drive Wheat Subdivision - Open Construction bids August 1 Bond Sale - $l50,OOO - August 8, 1979 I The City Manager recommended that the plans and specifications for the paving and storm drain construction Northwood Drive - Wheat Subdivision SID No. 598, as prepared by Morrison and Maierle be approved. Upon recommendation by the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the plans and specifications be approved as presented. Also that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of SID No. 598 with an opening date of August 1, 1979. The Clerk of the Commission was also authorized and directed to advertise for bids for the sale of bonds in the amount of $150,000 to be received on August 8, 1979. 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. Commission Resolution No. 2077 - Create SID 598 - Paving Northwood Drive Commission Resolution No. 2077 creating Special Improvement District No. 598 - paving and storm drain - Northwood Drive - Wheat's Subdivision as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO.2077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 598 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF AN ASPHALTIC CON- CRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON NORTHWOOD DRIVE IN WHEAT SUBDIVISION IN THE CITY OF BOZEMAN. I It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 2077 creating SID No. 598, be passed and adopted. 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. Commission Resolution No. 2078 - Create SID 599 - Paving Bomont Center Commission Resolution No. 2078 creating Special Improvement District No. 599 - paving Bomont Center as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 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 SUBDIVISION IN THE CITY OF BOZEMAN. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2078 creating SID No. 599 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. \ Commission Resolution No. 2079 - Create SID 608 - Paving Westridge Dr. Commission Resolution No. 2079 creating Special Improvement District No. 608 - paving Westridge Drive as prepared by the City Attorney was presented, entitled: I COMMISSION RESOLUTION NO. 2079 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 608 FOR THE PURPOSE OF CONSTRUCTION AND INSTALL- ATION 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 Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2079 creating SID No. 608 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. 262 Commission Resolution No. 2080 - Create SID 611 - Paving Heritage & Si1verwood Commission Resolution No. 2080 creating Special Improvement District No. 611 - paving Heritage and Si1verwood, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 611 FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAIN INLETS, AND NECESSARY APPURTENANCES THERETO ON HERITAGE DRIVE AND SILVERWOOD DRIVE, WOODRIDGE ADDITION, IN THE CITY OF BOZEMAN, MONTANA. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2080, creating SID No. 61l be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. S t>/ t.1l11 Commission Resolution No. 2081 - Create SID 6l~ - Paving North Broadway Commission Resolution No. 2081 creating Special Improvement District No. 612 - paving North Broadway, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 613 FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CON- CRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON BROADWAY AVENUE BE- TWEEN EAST MENDENHALL STREET AND AVOCADO STREET IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commis- 3 oK {P.J! sion Resolution No. 2081, creating SID No. 6M'" be passed and adopted. 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 Authorize signature - Contract documents SID 607 - Paving Nikles Drive and Gilkerson Drive Long Construction - $130,714.00 The Contract Documents for the construction of Special Improvement District No. 607 paving Nickles Drive and Gilkerson Drive in Wheat's Subdivision, as prepared by Morrison and Maierle in the amount of $130,714.00 as submitted by Long Construction, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the contract documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Long Construction Company be authorized and directed to proceed with the construction of SID No. 607. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Harrington's - request to hold annual sidewalk sale in front of business 407 W,Mairi;:"" 7::":'23 ,24 ,25 ,1979 A letter received from Harrington's Inc., 407 West Main Street, requesting permission to conduct a three day sidewalk sale in front of their premises on July 23, 24 and 25, was presented. Harrington's have agreed to conduct the sale as in the past, being careful not to restrict sidewalk traffic, and in a clean orderly manner. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that permission be granted Harrington's to conduct the three day sidewalk sale. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. I Sweet Pea Festival - request to hold parade on August 2, - 4:00 p.m. A letter received from Tammy Hall, Parade Co-ordinator for the Sweet Pea Festival, requesting permission to conduct a parade in conjuction with the second annual Sweet Pea Festival, was pre- sented. The parade will begin at Buttrey's Shopping Center and terminate at the fair grounds via Rouse. 'i /" L. U"':' It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that permission be granted to conduct the parade. 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. Reports - Building Inspector Library Police Department I The following reports will be listed on the agenda next week for acknowledgement and filing. Building Inspector Library Police Department Reappointment of Harry Newlon to Parking Commission Mayor Sedivy announced his reappointment of Harry Newlon to the Parking Commission effective 1 July, 1979 for a four year period ending June 30, 1983. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, 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 Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Special Budget Meeting - Friday July 13, 1979 - 4:00 p.m. A meeting has been scheduled for Friday, July l3, 1979, at 4:00 p.m. for the purpose of discussing the 1979 - 1980 proposed budget, and to explain the mill 1evey certification process. Assigned Claims for Underground Construction and Clause Construction Company I The City Manager presented Pay Estimate No. 2 for Sanitary Sewer and Water Main Construction in SID No. 603 and 604 with City of Bozeman Assigned Claim attached, dated June 23, 1979. The assigned claim being for payment of $33,844.68 to Underground Construction, as provided in the Contract Documents of Special Improvement District No. 603 and 604. The City Manager also presented Pay Estimate No.6, 7 and 8 for Sanitary Sewer and Water Main Construction in SID No. 587, 589 and 591 with City of Bozeman assigned claim attached, dated July 11, 1979. The assigned claim being for payment of $93,109.04 to Clause Construction, Inc., Worden, Montana, as provided in the Contract Documents of Special Improvement District No. 587, 589, and 591. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Director be instructed to issue payment in the amount of $33,844.68 to Underground Construction and $93,109.04 to Clause Construction, Inc. 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. Recessed 4:55 p.m. - Executive session regarding City Judge Members of the Commission along with the City Manager, the Assistant City Manager, the City Attorney and the Clerk of the Commission recessed at 4:55 p.m. for the purpose of going into an executive session to discuss principally the City Judge. Reconvened 6:35 p.m. Adjournment I 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, none. /,'~') ATTEST: ;: Jttv 1< ERNA V. HARDING, CLERK OF THE COMMI ~ / /.?