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HomeMy WebLinkAbout1979-08-01 Li August 1, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 1, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, July 25, 1979, were approved as submitted. Absence of Commissioner MacNab - August 1, 1979 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab 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. Confirmation of Patrolman Ed Malone - Bozeman Police Department effective August 1 The Police Chief reported that Patrolman Ed Malone had satisfactorily completed the required one-year probationary period and recommended that Patrolman Ed Malone be confirmed as a regular officer of the Bozeman Police Department effective 1 August 1979. The City Manager concurred in the recommendation of the Police Chief. It was moved by Com- missioner Swanson, seconded by Commissioner Vandeventer, that the confirmation of Patrolman Ed Malone be approved and he be congratulated upon completing the one year probationary period. 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. Open Construction Bids - SID 598, paving improvements - Northwood Drive I This was the time and place set for the opening of bids for paving and storm drains on Northwood Drive in the Wheat Subdivision - SID No. 598. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the bids be opened and read. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. The following bid was then opened and read: Long Construction - Billings, Montana - $135,703.00 Upon the City Manager's recommendation, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Morrison - Maier1e Inc., and the City Engineering Department for tabulation and recommendation to be made on Wed- nesday, August 8, 1979. 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. Public Hearing - Conditional Use Permit - Charles D. Fell - construct an addition to existing house at 1305 Hillside Lane This was the time and place set for a public hearing to consider the Conditional Use Permit for Charles D. Fell. I The applicant seeks a conditional use permit which, if granted, would allow the construction of an addition to the existing house located at 1305 Hillside Lane. The area is zoned RS-1-T which requires conditional review. The Planning Director presented the staff report which recommended approval of the con- ditional use permit. The applicant addressed the Commission and stated he knew of no reason why the conditional use permit should not be granted. The City Manager stated the "T" attached is what prompted the need for a conditional use permit to construct an addition to this residence. He further suggested that if there were no objections voiced perhaps the Commission would waive the one week interval and act upon this matter. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission waive the one week interval and act upon this matter. The motion was carried by 278 the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Van- deventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Com- mission approve the request for a conditional use permit to construct an addition to an existing house located at 1305 Hillside Lane. 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. Communications from KBOZ - re placing of tower and construction of approximately 225 square foot building The request for permission to erect one guyed FM Tower and construct a 225 sq. ft. building on the exact site where the Department of Highways Tower is located was brought back for fur- ther discussion. The City Attorney felt the use might be a quasi-public use, inasmuch as public agency an- tennae and accessories could be mounted on the tower, for their respective communication systems. This would include MSU, the Highway Department, Civil Defense, Gallatin County, etc. The tower would be located on land zoned PLI and such a tower is presently not listed among the permitted uses for PLI-zoned land. Joe Sabol, representative for KBOZ, discussed placing of the tower. He said his client, Mr. Reier, did not draft a letter in regard to paying installation costs, but was present to explain what his intents are. Mr. Reier said the new tower would replace one presently used by the Highway Department and would be located about 350 feet east of Bozeman Beacon on Story Hills. At the present time the State of Montana holds an easement for an access road and for a radio tower within the bound- aries of the proposed KBOZ site. The Department of Highways utilize this property for radio transmission equipment. The City Manager advised the Commission that some of the existing agencies presently uti1itzing transmission facilities on Story Hills are uncomfortable that a larger tower might interfere with their transmission. The City Manager inquired as to the height of the tower. Mr. Reier said with nothing else hooked on the tower will be 125 feet high. He further stated , that if the College or Belgrade radio station hooks on it will be approximately 160 feet high. Commissioner Vandeventer said his concern was placing a commercial project on public land. Mr. Reier stated that it is a quasi-public organization. He further stated he did not want public groups to hook on to the tower without paying. The Montana Highway Department will be able to hook onto the tower rent free. The City Attorney strongly advised the Commission that the conditions and recommendations made by Mr. Reier be presented in letter form and be made a part of the minutes. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request to locate the FM radio tower and construct a 225 square foot building on the exact site where the Department of Highways Tower is located contingent upon the conditions and recommendations being presented in letter form and made a part of the minutes. 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. Preliminary Plat - Tom Langel - Dell Subdivision - East side of Dell Place The preliminary plat for Dell Subdivision was brought before the Commission for discussion. The City Manager advised the Commission that since the last discussion held on July 3, the applicant met with Don Nell, Dr. Bryson, the Fish and Game Department personnel, and the neigh- borhood to discuss the options available. Unfortunately, there does not seem to be one single option which satisfies all parties concerned. The City Engineer believes that the Master Plan should be carried out, which would extend College Street eastward from South Black to South Church. Further, he prefers that College not be "bent" southward to miss the creek which runs east and west, just east of South Black. Don Nell agreed that he will provide temporary use of Alderson through his property, to serve the Dell Subdivision, if College Street is extended straight eastward. To continue College Street directly eastward would involve relocating the stream. The Fish and Game Department is in a position to employ a statute which is called the Stream Bank Preservation Act. If the Department objects to such relocation of a stream, they can object in writing, and submit an I I I ,.', ..T' ,-. ~ ~ I appeal to a District Judge who will appoint a three-man arbitration panel. Presumably, the decision of this panel is somewhat binding. The Department will consent to "bending" College Street slightly southward, so that the stream can be preserved. Don Nell, a large property owner in the area, expressed his cooperation with the City to extend College Street provided the cost assessments for doing such would be equitable and that his properties be assured of utilizing city sewer and water systems. He also expressed the option of exchanging land with the City or of selling the property to the City at fair market prices. The City Engineer feels Alderson does not serve any purpose other than serving a few local properties. Several property owners were present to register their protests and to discuss the flood plain issues. The Commission discussed options of using Alderson Street for a temporary access for a limited duration provided that it would be terminated with the permanent construction of College Street. The City Engineer is to meet with the Fish and Game Department, the Developer, and other interested persons on Thursday, August 9, 1979, to determine whether or not there is an alter- native solution to the College Street access for the Dell Subdivision. The City Engineer agreed to provide current flood information from the Soil Conservation study which has recently been completed. Further, the City Engineer and the applicant agreed to meet and work out the specifics of a temporary access as far as a graveled access on College Street which would connect with Dell Place if this is deemed acceptable. The Commission agreed with the City Manager's recommendation that this matter be reviewed by the appropriate City Staff's for the College Street extension and that a recommendation be brought back for Commission review on August 15. I Preliminary Plat review - Sourdough Ridge Block 3 - Jackson & Feller The request from Paul Feller and Ed Jackson for preliminary subdivision approval on ap- proximately 23 acres into 22 lots varying in size from one acre to two and two/tenths acres was presented. Sourdough Ridge III, Block 3 is located in a portion of the SW\ of Section 20, T2S, R6E, M.P.M. The Common description of land being easterly to and adjacent to Sourdough Ridge III, Block 2, and at the existing terminus of Eric Drive. The Planning Director advised the Commission that the City County Planning Board recom- mended preliminary plat approval of the proposed subdivision subject to the Planning Staff's conditions. Two items of primary concern are associated with this subdivision. 1. Park Land Dedication A total of three and four-tenths acres of dedicated park land could be required. The developers wish to make a cash-in-lieu payment rather then dedicate additional park land. The Planning Staff, however, supports the requirement for additional park land to be added to the existing one and four-tenths acre Nordvedt Park. 2. Road Maintenance Costs I Considerable controversy has been generated by existing residents of other Sourdough Ridge Subdivisions in the general area pertaining to subdivision road maintenance costs. Homeowners in the area contend that they will be forced to pay increased road mainten- ance costs as a result of the traffic to be created by residents of the proposed sub- division. Further, they believe that since these new residents will live, basically, at the end of the primary road servicing the several subdivisions in this Sourdough Ridge area, new residents will enjoy disproportionate road maintenance privileges at the expense of those existing residents living closer to the more heavily traveled portions of the main subdivision road. Existing residents generally feel that before this proposed subdivision is approved, a more equitable method be established whereby the developers or new residents of this proposed subdivision pay a somewhat greater share or road maintenance costs. The matter is to be referred back to the City Commission when satisfactory agreements have been reached between the developers and the property owners in the area as to road maintenance obligations. Request to relocate Greyhound Bus Depot prior to receiving approval from the Zoning Commission The Greyhound Bus Depot has been requested to vacate the premises in the Bozeman Hotel. 280 The proprieter of the bus station and the district manager of Greyhound Lines requested that they be granted a provisional zone code amendment to allow a bus station in the B-2 zone, which would allow them to close an agreement regarding the property they are presently con- sidering. The site under consideration is on the west side of North Seventh Avenue, north of Durston Road. Lillian Williams, representing Greyhound, advised the Commission that the proposed lo- cation site is the property formerly operated by Classic Cars. The Commissioners said they had no objections to the location as long as Durston is avoided. However, they have no authority to grant a provisional amendment and suggested that Greyhound go ahead with its relocation plans and seek a zone code amendment. I Purchase 4,000 feet 3/4 inch Copper Tubing - Water Department The Water Department has need for copper tubing, and the City Manager requested auth- orization to purchase the copper tubing at approximately .80+<: 'pe,r foot. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City Manager be granted authorization to purchase 4,000 feet 3/4 inch copper tubing. 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. Application for Gambling License - American Legion The City Manager presented an application from the American Legion along with the appro- priate fee of $750.00 for a gambling license for the purpose of operating three tables. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission concur in the recommendation of the Chief of Police also concurred in by the City Manager and approve the application for the issuance of the gambling license. 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. Application for Raffle License - Bozeman/Gallatin Empire Lions Club - October 9 The City Manager presented an application from the Bozeman/ Gallatin Empire Lions Club, along with the appropriate fee for the purpose of holding a raffle on October 9, 1979. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com- mission approve the application for the raffle license for Bozeman/Gallatin Empire Lions Club. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Application for amusement card games - T. J. 's The City Manager presented an application from Thomas L. Young of T.J. 's along with the appropriate fee for operating amusement card games. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the issuance of the amusement card games license. 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. Claims The payroll claims and the general claims for the month of July, 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 Vollmer, that the claims be approved. 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. I Acknowledge & file - Fire Department Quarterly report The City Manager commented on the quarterly report of the Fire Department and recommended approval thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the report be approved and ordered filed. 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. Acknowledge receipt of Depository Bonds and Securities I The Commission acknowledged receipt of the Depository Bonds and Securities for the quarter ending June 30, 1979. Reports The City Manager presented the following reports for acknowledgement and filing on Wed- nesday, August 8, 1979. Director of Public Service - January through June 1979 Police Court - May, June through July 13, 1979 Adjournment There being no further business to come before the City Commission, it was moved by Commis- sioner Vandeventer, 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 Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. EDMUND I ATTEST: o '~~ 7 ./ ./ c .. ~ ERNA 'V.' iIZ~INcf~LERK OF CO SION I I, i .., LvJ,