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HomeMy WebLinkAbout1979-12-05 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commiss- ion Resolution No. 2132 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing estimated assessment for final passage - Res. 2133 - SID No. 604 - San. Sew. - Graf's First Addition $83,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2133, SID 604 - sanitary sewer construction on Kenyon Drive, O'Connell Drive, Baxter Drive, and Chambers Drive in Graf'f First Addition, in the estimated amount of $83,000.00. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Comm- ission Resolution No. 2133 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing estimated assessment for final passage - Res. 2134 - SID No. 607 - paving - Nikles Drive and Gilkerson Drive in McChesney Park - $170,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2134, SID No. 607, paving construction on Nikles Drive and Gilkerson Drive in McChesney Park, in the estimated amount of $170,000.00. I 332 Bozeman, Montana 5 December 1979 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 5, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Comm- issioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, November 28, 1979, were approved as submitted. Bozeman Chamber of Commerce - Sign Code Variance A letter received from Mr. M. C. Bryant, Executive Director of the Bozeman Chamber of Commerce, requesting a sign code variance, was presented. The sign will be placed at the new building located at 1205 East Main Street. The sign will be a wooden sign and will be mounted on steel posts, quite some distance from the Bozeman Chamber of Commerce Building, and therefore, not in a position to cause harm to their structure. The sign will not be illuminated nor electrified. Mr. Bryant was present to answer any questions that might arise. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the sign code variance for the Bozeman Chamber of Commerce. 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 estimated assessment for final passage - Res. 2131 - SID No. 602 Storm Drain in Figgins Addn.- $50,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2131, SID 602, Storm Drain construction on Westridge Drive and Landoe Avenue, Figgins Addition, in the estimated amount of $50,000.00. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2131 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing estimated assessment for.final passage - Res. 2132 - SID No. 603 - water main Graf's First Addition $95,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2132, SID 603, water main construction on Kenyon Drive, O'Connell Drive, Baxter Drive, Berthot Drive and Chambers Drive in Graf's First Addition, in the estimated amount of $95,000.00. I I '.! '""I" V~C It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2134 provisionally passed and adopted on November 28, 1979 be finally 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, I and Mayor Sedivy; those voting No, none. Public hearing estimated assessment for final passage - Res. 2135 - SID No. 608 - paving on Westridge Drive and Landoe Avenue in Figgins Addn. - $375,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2135, SID No. 608; paving Westridge Drive and Landoe Avenue in I Figgins Addition in the estimated amount of $375,000.00. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2135 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing estimated assessment for final passage - Res. 2136 - SID No. 610 - water main Woodridge Addition - $142,300.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2l36, SID No. 610, water main installation in the Woodridge Addition in the estimated amount of $142,300.00. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commiss- ion Resolution No. 2136 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing estimated assessment for final passage - Res. 2137 - SID No. 612 - water mains Westridge Meadows - $26,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2137, SID No. 6l2, water main installation in Westridge Meadows in the estimated amount of $26,000.00. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 2137 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing estimated assessment for final passage - Res. 2138 - SID No. 614 - paving on East Garfield between Tracy and the Chicago, Milwauke Ry. - $30,000.00 This was the time and place set for a public hearing on levying the estimated assessment on Commission Resolution No. 2138, SID No. 614. paving on East Garfield Street between Tracy and the Chicago, Milwaukee Railway in the estimated amount of $30,000.00 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2138 provisionally passed and adopted on November 28, 1979 be finally 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. Public hearing - Comm. Res. No. 2139 - Assessing street cleaning and sweeping $30,114.00 This was the time and place set for a public hearing on levying the assessment of taxes upon all the property in street cleaning and sweeping districts in the amount of $30,114.03. It was moved by Commissioner Vollmer. seconded by Commissioner Swanson, that Commission Resolution No. 2139 provisionally passed and adopted on November 28, 1979 be finally 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. I 3 Q!~ \. V , Public hearing - Comm. Res. No. 2140 - Assessing Street Lighting - $22,245.68 This was the time and place set for a public hearing on levying the assessment of taxes for lighting district maintenance and electrical costs for special improvement lighting districts in the amount of $22,245.68. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 2140 provisionally passed and adopted on November 28, 1979 be finally passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Commissioner Vollmer; those voting No, none. Public hearing - Comm. Res. 2143 - SID 617 - Paving Alley in Blk C. - Original Townsite This was the time and place set in Commission Resolution No. 2143, to hear the protests to the creation of Special Improvement District No. 617, paving the Alley in Block C, Original Townsite - between Babcock and Main Street, and Rouse and Bozeman Avenue. Affidavit of publication of Notice and the Clerk's mailing certificate stating all pro- perty 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 a decision will be forthcoming on Wednesday, December l2, 1979. Public hearing - Zone Map Change - Frank J. Trunk, Jr. - From A-S to R-3 This was the time and place set for the public hearing to consider the request of Frank J. Trunk for a Zone Map Change from A-S to R-3. The applicant seeks a change to the City's official zoning map which would reclassify the zoning on approximately three and one-third acres from A-S to R-3. The property is located 1,330 feet east of Gooch Hill Road and north of and adjacent to the Farmers Canal. The King Arthur Mobile Home Park is north of the property in question. The Planning Director explained that a narrow piece of land at the east end of the Trunk property remained agricultural. He concurred in the recommendation of the Zoning Commission to change the City's Official Zoning Map which would reclassify the zoning on approximately three and one-third acres from A-S to R-3. The Mayor declared the public hearing closed and a decision is to be forthcoming on Wednesday, December 12, 1979. Public hearing - Zone Code Amendment - Planning Staff - Chapter 18.84, Off-street parking and loading This was the time and place set for the public hearing to consider the request of the Planning Staff for a Zone Code Amendment (Chapter 18.84 - Off-Street Parking and Loading). This would clarify the intent of tree planting for screening, and address such subjects as space intervals, planting, etc. It would allow clustering, rather than regular spacing of trees in required areas. It would also reduce the number of trees required per parking space from present provisions. The Planning Director presented the staff report and recommended that the hearing be con- tinued until after the December Meeting of the Zoning Commission. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the hearing be continued, and 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. Public hearing - Zone Code Amendment - Planning Staff - Chapter 18.45.020 B-2 Community Highway Business District - Permitted Use This was the time and place set for the public hearing to consider the request of the Planning Staff which would amend Section 18.45.020 of the Zoning Code. The amendment would delete shopping centers as permitted uses in the B-2 Highway Business District and make them a conditional use in that district. The Planning Director presented the staff report which recommended approval of the proposed amendment. The Planning Director advised the Commission that the inclusion of these proposed parking code amendments should add greater flexibility to the City's parking regulations. The Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, December 12, 1979. I I I .. ~ l '\ r"'. 002 Consideration of John Mandeville Amendment to Bozeman Area Master Plan I John Mandeville requested an amendment to the Master Plan to change the Agricultural designation to light industrial development. The applicant seeks the amendment on approximately 13 acres located west of and adjacent to the Burlington Northern Railroad and southwest of U. S. Highway #10 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the public hearing be continued for a period of one week. 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. Request for review of City Parking Ordinance A letter received from Kenneth Baldwin requesting that some changes be made in the present parking ordinances was presented. A list of businesses who have indicated that the City review the parking ordinances was included in the letter. Mr. Baldwin was present and explained that each of the persons listed on the request for a review wanted it for one reason or another. Commissioner Vandeventer expressed his annoyance at Mr. Baldwin's harrassment of City officials. I Following considerable discussion it was moved by Commissioner Swanson, seconded by Commiss- ioner Vandeventer, that the staff be directed to conduct a study of the current ordinances pertaining to the present parking ordinances, and that an inventory of the loading zones in the downtown area be taken and that a public hearing be advertised to indicate what is necessary. 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. Master Storm Drainage Study The City is required, by State Agency Mandate, to complete a Master Storm Drainage Study for the entire city. Funds have been appropriated in the 1979-1980 budget to conduct this study. The study will probably exceed $50,000 in cost. The City Manager advised the Commission, that this is a substantial project of substantial duration. He further stated that the City must now determine the engineering firm to conduct the study. The City Engineer pointed out the advantages of continuing with the City's consulting firm, Thomas, Dean, and Hoskins, Inc., since they have a good knowledge of the drainage facilities that are now in place and they could probably accomplish the same task in a considerable less length of time. Mr. Gesko said that due to the controversy of the computor he wanted the Commission to de- cide whether to interview firms for the job or to simply go with the City's consultants. Jim Cummings pointed out that the study was of the proposed duration so that all seasons of the year could be analyzed regarding storm flows and pollutant levels. The City Attorney pointed out that the City is buying proficiency service and not taking bids on the job. The applicants would be judged on their merit and not on their price. Commission Res. No. 2151 - Broad Valleys Federation Headquarters Library Commission Resolution No. 2l5l, declaring that the City of Bozeman desires to continue to be designated as the Broad Valleys Federated Headquarters Library, as prepared by the City Manager, was presented, entitled. COMMISSION RESOLUTION NO. 2151 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THAT THE CITY OF BOZEMAN DESIRES TO CONTINUE TO BE DESIGNATED AS THE BROAD VALLEYS FEDERATION HEADQUARTERS LIBRARY. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission pass and adopt Commission Resolution No. 2151. The motion was carried by the following Aye and No, vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Comm. Res. No. 2152 - Intent to Create SID 612 - Change amount of bonds issued - installation of water Wedtridge Meadows - Don Weaver The City Commission previously advertised for bids for the sale of Bonds for the finance of Special Improvement District No. 612 in the amount of $26,000.00. However, it ~as determined It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Change Order No.1, SID No. 610 be approved, and the Mayor and Clerk be authorized and directed to sign for the City. 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. Petition - Annex 7,408 acres north of Fish and Game, west of Wilda Lane A letter received from Robert C. Pearson, and Corbin A. Ross petitioning the City to annex a parcel of land containing 7,408 acres, was presented. The parcel of land lies North of the Fish and Game ponds, West of Wilda Lane between Cahill and Van Horn Subdivisions. The access to this property is off West Babcock Street. The Commission acknowledged receipt of the petition and referred it to the staff for review. If all requirements are met, the property can be annexed into the City. Comm. Res. No. 2149 - Final assessment - 1978 Walks & Curbs - $103,825.46 for provisional passage. Public hearing December 12, 1979 Commission Resolution No. 2149 levying and assessing a special assessment of taxes upon certain properties to defray the cost of constructing and installing and/or repairing miscellan- eous sidewalks and curbs in the amount of $103,825.46, during the year 1978, was presented, entitled: I 3SB that only bonds in the amount of $17,000 be needed to be issued to pay for Special Improve- ment District No. 612. Therefore, Commission Resolution No. 2152 decreasing the number and amount of bonds issued for Special Improvement District No. 612, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2152 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECREASING THE NUMBER AND AMOUNT OF BONDS ISSUED FOR SPECIAL IMPROVE- MENT DISTRICT NO. 612. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 2152 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. Comm. Res. No. 2150 - Intent to Create SILD 618 - West Babcock from South Third to South Fifth Avenue - hearing January 2, 1980 Commission Resolution No. 2150 declaring it to be the intention of the City Commission to create a Special Improvement District to be known as SILD No. 618 for the purpose of operating and maintaining a Street Lighting system to light West Babcock Street between South Third and South Fifth Avenue, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 618 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF OPERATING AND MAINTAINING A STREET LIGHTING SYSTEM TO LIGHT WEST BABCOCK BETWEEN SOUTH THIRD AND SOUTH FIFTH, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY, ALL UNDER THE AUTHORITY OF AND IN CONFORMANCE WITH SECTIONS 11-2245 TO 11-2257, INCLUSIVE, OF THE REVISED CODES OF MONTANA, 1947. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 2150 be passed and adopted, and that Wednesday, January 2, 1980 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swan- son, and Mayor Sedivy; those voting No, none. Change Order No. 1 - SID 610 - Sanitary Sewer & Storm Drain - Woodridge Subdivision Change order No.1, SID No. 610, Sanitary Sewer, Water Main, and Storm Drain Improvements in Woodridge Subdivision, as prepared by Thomas, Dean, and Hoskins, Inc., to become a part thereof, was presented: Description - a) Install 60' storm drain in place of 30" base b) Knock out pipe and extend sewer lines c) Install 20 LF 4" replacing 80 LF 4" Sanitary Sewer services I Cost: Net increase $1,500.00 COMMISSION RESOLUTION NO. 2149 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN PROPERTIES IN THE CITY OF BOZEMAN, ~ ,. " .. w:;] COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND INSTALLING AND/OR REPAIRING MISCELLANEOUS SIDEWALKS AND CURBS DURING THE YEAR 1978. I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2149 be provisionally passed and adopted and Wednesday, December l2, 1979, be the date set for a public hearing. 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. Application for Kennel License - Greg & Melinda Poncelet An application for a kennel license along with the required fee from Greg and Melinda Poncelet was presented. The Chief of Police advised the Commission that the Poncelets have furnished evidence that the three dogs are current on their rabies vaccinations. He further advised the Comm- ission, that since July there has been no problem with the Poncelets and recommended approval of the application for 1979. He also recommended that a letter be sent to the Poncelets reminding them that a new application must be made as of January, 1980. Following an extensive discussion, the Commission recommended that the subject in question be continued for a period of one week for a decision. Approve and file reports - Director of Public Service for September Police Court - July & August The City Manager commented on the report of the Director of Public Service for September and the Police Court for July and August, 1979, and recommended the reports be accepted and ordered filed. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commission- er Vollmer, and Mayor Sedivy; those voting No, none. Reports - Director of Public Service - October Library - November Building Inspector - November The City Manager presented the report of the Director of Public Service for October, the Library report for November, and the report of the Building Inspector for November, for acknow- ledgement and filing on Wednesday, December 12, 1979. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. EDMUND P. SEDIVY, SR., Mayor ATTEST: ~ ~~ .4".. (--... ..,-' .' .'4:"'...,,-___ ' ERNAV. HARD N , Clerk of the City ommission I