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Home My WebLink About1979-12-19 L1un? . ..... Bozeman, Montana December 19, ~ /CJJ 79 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 19, 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 Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, December l2, 1979 were approved as submitted. Decision - Zone Code Amendment - Planning staff - Chapter l8.72.150, Conditional Use Permit shopping centers as conditional use in B-2 District Having delayed action on the request of the Planning Staff for a zone code amendment, it was again brought before the Commission. If the amendment is approved, community residents as well as review board and the City Commission would have ample opportunity to evaluate the relative merits and minimize, through attached conditions, potential impacts of all proposed shopping centers. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the Zone Code Amendment of Chapter 18.72.l50 Conditional Uses by Zoning 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. Decision - Conditional Use Permit - Del Lichtenberg - Construct building 1408 Gold Avenue - Bomont Center Subdivision Having delayed action on the request of Del Lichtenberg for a period of one week, it was again presented. The applicant seeks a conditional use permit which, if granted would allow the construction of a 5,500 square foot building to be used for dry storage warehousing. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request for a conditional use permit to construct a building to be used for dry storage warehousing with the following conditions: l. Signing shall be limited to one flush-mounted wall sign not to exceed the height of the building and shall not exceed a total sign area of fifty square feet. Said signs shall not be illuminated nor blinking, flashing, or animated No mobile, portable, or temporary signs shall be used on the site. No ex- ternal lighting apparatus shall be attached to signs used in conjunction with the proposed use. 2. All landscaped areas shall be enclosed by permanent concrete or asphaltic curbing at least six inches in height and/or split rail fence (per site plan) to prevent vehicular traffic across landscaped area. The landscaped areas adjacent to Gold Avenue shall also have permanent curbing and/or fencing extending along this frontage. 3. All parking spaces and ingress/egress areas shall be paved (asphalt). 4. There shall not be any outside storage of junk or salvage materials, dismantled, wrecked, or inoperative vehicles or equipment, tires, or building materials or supplies unless screened on all sides by a solid fencing constructed of new materials, at least six feet in height. 5. All on-site improvements (Le.,paving, landscaping, etc.) shall be completed by June 30, 1981. 6. The conditional use permit shall be valid to June 30, 1981, and the applicant shall petition the City Commission for renewal at that time. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the conditional use permit. If all required conditions have been satisfied, the permit shall be permanently renewed. 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. Kagy Boulevard The Technical Advisory Committee and the Policy Coordinating Committee had recommended two alternatives for the construction of Kagy Boulevard recently. The Pedestrian Traffic Safety Committee and the expanded Citizens Advisory Committee also discussed the forwarded recommendations. The City Manager advised the Commission that the decision requested today is whether or not to adopt one of the alternate forms which constitute a compromise to the City's present design, I I I I or to re-affirm the City's design in whatever form. Mr. Garvin Wiman appeared to explain how he felt about the construction of Kagy Boulevard and urged the Commission to vote in favor of the original plan for construction of Kagy Boulevard. A letter written by Jim Goetz, Attorney for the Concerned Citizens Forum was also presented. The Mayor accepted the letter from Mr. Goetz as well as Mr. Wiman's verbal report. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Comm- ission approve Alternate Form II b - Kagy Boulevard M12l2(1) Typical Cross Section as attached hereto and made a part hereof b ~ ,...--.... ~ @ 0 CD ~ 0 ---- c: 0 ." .- .,' n -0 . .--- Z ?4 " CD b @) ,', ----0 ::: ~ E C\.I " N - " " " . ' -r- ~. tt~ I NO Q) :\~' ....c: : .: ',,1. W .~.. ~ +- (f) C W 0 ~ > (f) :J CL (f) u C\J U CO ~ ~O 0 0 ~@ 0 w 0'> > WCL CO 0'> ~ ~O l'- z Z 0 a: ....c: w ~ ~ 0:: ~ (f) 0 <:( <( CO -0 W OJ 01 1.0 c: C\J 0 c: ',I I.L.. ~ .- '" 0 - C :"1' >- D- .... I Q) ;1 1.0 I- (.9 >- -0 .:~ r<i a '.. ;: ':'1 ~ <t <( r- 0- b .. , S @ ,,' ." Z I " C\.I ',' ~ ." 0 I- " ... C.f> a " Cr> z +- ':~~ 0 z ;: C .. C\.I f=- W ,".1 I-- I Q) :i: u x ..... ::> w ~ :J a:: I ..... 0- @ C.f> Z Z ;: W Q) 0 <[ ~ U ....J CD (f) @) ...D 8@)@ :J ~ (f) t ~ b ('3 ':u 404 KAGY BOULEVARD M12l2(1) DESIGN PROPOSAL lIb The typical cross section for the project shall be as diagrammed on the reverse side of this sheet. Additional features of the design shall be as follows l. Permanent concrete curb and gutter together with the permanent drainage inlets shall be installed at the outside edge of each of the twenty foot roadways. Some type of non-permanent curbing shall be installed at the inside edge of each of the twenty-foot roadways. 2. The gravel base under the twenty foot section shall basically terminate under the inside curb. 3. In designing the bridge, it shall be assumed that the twenty foot section will be widened to 27 feet when the facility is subsequently upgraded to a 4-lane facility (two moving lanes in each direction). The widening shall occur on the median side of the roadways. 4. Parking shall be prohibited over the entire project length. 5. The constructed facility shall be striped, signed, and operated as a 2-lane facility (one moving lane in each direction). When justified by traffic volumes, it can be readily upgraded to a 4-lane facility at relatively small additional cost. 6. A stripe shall separate the moving traffic lane from the adjacent bike/emergency parking lane. 7. Left turn bays shall be installed at all street intersections. 8. The two exterior pathways shall be continued at their full widths (5' and 8' respectively) across the bridge structure. 9. The two exterior pathways shall be separated by as large a distance as possible from the location of the adjacent vehicular roadways. Wherever that distance is less than approximately three feet, a New Jersey type concrete barrier shall be installed either topped by or adjacent to a fence/railing. 10. Wherever there is a vertical dropoff along or very close to the edge of a pathway (e.g. along retaining walls and over the bridge), a fence/railing shall be installed to protect pathway users. ll. Where fence/railing is installed, it shall be high enough to minimize the possibility of a bicyclist tumbling over the top. In addition, the design shall minimize the chance that a small child, tricyclist, or sliding bicycle would pass through or beneath it. 12. The 8' pathway shall be signed as a 2-way bikeway. Appropriate paved connections to the roadway shall be made at project terminii, at all inter- secting streets, and at all intersecting north-south bikeways. 13. Appropriate lighting shall be provided at all street intersections. 14. All non-paved areas shall be seeded with an appropriate dryland grass. Consideration should be given to planting other types of vegetative growth to enhance the boulevard appearance. NOTE: It is assumed that minor deviations in dimensions may be made in the final design process where justified. I I Ralph W. Zimmer (12/5/79) The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, and Mayor Sedivy; those voting No, Commissioner Vollmer. It was moved by Commissioner MacNab" seconded by Commissioner Vollmer, that the City be directed to request an Environmental Impact Statement on Kagy from Third to Nineteenth Avenue, Nineteenth north of Durston and Oak Street extended, and Highland Boulevard. The motion was carried by the following Aye and No vote: those voting aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, being Commissioner Vandeventer. John Scully - re Milwaukee Railroad Right of Way John Scully, representing a group of Gallatin Valley landowners who claim the abandoned Milwaukee Railroad right-of-way should belong to them, appeared before the Commission. Mr. Scully advised the Commission that City employees weren't cooperating with his clients by informing them of plans to purchase the Milwaukee Railroad right-of-way. For the past two years, the City of Bozeman has been interested in purchasing the right- of-way for a linear park. Most recently the City has been negotiating for the strip from the mill site north of Bridger Drive to Patterson Siding near the Sourdough Fire Station. I '.'U...' I The City Manager said the price, subject to further negotiations was listed as approxi- mately $300,000. He said another party is interested in helping the City finance the purchase with the intent to use the right-of-way along with the City. Mr. Scully feels it is high time the City Commission direct City employees to see if some- thing can be worked out between the Landowners and the City of Bozeman. Some of the adjacent landowners may find the linear park idea acceptable, depending on the way it is designed. Following an extensive discussion, the Commission suggested the City staff to prepare a written report on its negotiation progress to find out what is being done and go from there. University Square - request modification of Conditional Use Permit Joe Sabol appeared before the Commission on behalf of the University Square--the shopping center on the south side of West Main Street. Mr. Sabol requests a modification of the Uni- versity Square's conditional use permit. Since approving their conditional use permit, the landscaping requirements have been modified by Commission Action. They are less restricted now than before. The City Manager advised the Commission that the University Square would like to waive the requirement that all conditions be complied with prior to issuance of a building permit. The Planning Director said the material that the Planning staff has requested has been received. However, they have not had an opportunity to review the material. There was con- cern as to the number of trees, both in the entrance and the perimeter of the parking area. That seems to have been resolved, but the planning staff has yet to review the final proposed landscaping plan. The request of University Square has been for a modification to get the building permit now, although they realize the planning staff has not reviewed the material that has been submitted. Their purpose for getting the building permit is so that they can begin building while the weather is good. They would like to get the building permit with the stipulation, that if all the material is not submitted in satisfactory form, as required by the Planning staff, the permit will be revoked. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that a building permit be issued to the builders of the University Square, and that the building permit be surrendered voluntarily by January 16, 1980 if they have not met all of the requirements of the Conditional Use Permit. 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. Commission Resolution No. 2155 - Create SID 6l7, Paving Alley, Block C Original Townsite - Between Babcock and Main Street, Rouse & Bozeman Avenue Commission Resolution No. 2155 creating SID No. 617, paving construction on the alley between Babcock and Main Street, and South Rouse and South Bozeman Avenue as prepared by the City Attorney, was presented, entitled: I COMMISSION RESOLUTION NO. 2155 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. 617 FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON THE ALLEY IN BLOCK C, ORIGINAL TOWNSITE, IN THE CITY OF BOZEMAN. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission pass and adopt Commission Resolution No. 2155. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vande- venter, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Commission Resolution No. 2156 - Certification of delinquent taxes - $410,714.82 Commission Resolution No. 2156 certifying delinquent taxes in the amount of $402,661.59 plus penalty of $8,053.23 to the Gallatin County Treasurer, wa~ presented, entitled: COMMISSION RESOLUTION NO. 2156 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN DECLARING CERTAIN SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER 1979, AND UNPAID AS OF THAT DATE, AND CERTAIN OTHER SPECIAL ASSESSMENTS AND INSTALLMENTS OF SPECIAL ASSESSMENTS, DUE AND PAYABLE 30 NOVEMBER 1979, AND UNPAID, DELINQUENT, AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 7-12-4182, 7-12-4183, MONTANA CODES ANNOTATED 1979. L\\06 Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the resolution be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vande- venter, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Abatement of Special Assessments for 1979 - $1,573.75 The following applications for tax abatements in the amount of $1,573.75 was presented, entitled: NOTICE 205 252 246 339 386 638 727 866 l025 l082 1120 1276 1440 1455 1504 1618 2262 2329 2340 2407 2520 2532 2997 3015 3334 3464 4092 5245 5248 5254 5255 5256 5258 NAME 1979 ABATEMENT OF TAXES LOT Clifford T. & Doris Hartgrave N. 30' Tract 5 " Leonard Sorensen N. 20' of 9 all 10 Medical Assoc. Partnership N. 80' 7 thru 11 Sadie I. Welton 29 - 30 A. De & John Heetderks l3,l4,15 H. W. Or Rose Menzel 21 - 22 Alice Mae Jones 22 - 23 Sherwood Investment George N. & Joan Davies Rex C & Anna Dahl Dan Shyne Bernard & Margaret Allen Michael Kvasnick Humane Society John Prescott James McCusker Judy Baker Bozeman Pkg Comm Bozeman Pkg Comm Roy Houser Stella C. Bille Kenneth & Corrine Zickovich Gordon Ferguson J. Russell Flattum Chequamegon Village Assoc. Chequamegon Village Assoc. Chequamegon Village Assoc. Chequamegon Village Assoc. Chequamegon Village Assoc. Chequamegon Village Assoc. Tract 2 l6 2 29 - 26 24 thru 27 28 - 29 S 71' of II, 18 -22 W 18.75' L 18, all 19-20 Strip N end S 92.25' of 21 thru 24 1 and 2 7, 8, 19 E,S. lot 9 12 W lOO' of Lots 13-15 6 thru 8 10 13 19 20 21 23 BLOCK ADDITION 4l 42 108 E F 11 E D Beall Is t Beall 2nd Beall 2nd Beall 3rd Black's AMOUNT $ 39.60 39.60 39.60 l8.00 43.20 27.00 3.60 604.08 43.20 3.60 19.80 14.25 3.60 79.92 28.80 36.00 N.E .Annexation 144.00 Northern Pac. 39.60 Northern Pac. 32.40 Northern Pac. 32.40'1 Original Tnsit 11.90 Original Tnsi t 108.00 I TYPE Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Landfill Garbage Garbage Garbage Landfill Landfill I Albert Wilson & J. E. Schendel 10 Louis M. Moos 23 -24 N~ 22 Jean Robertson E62~'of N 50~' of Yz A Lot 1 E62.8' of Yz A -Lot 3 13 & l4 W3' of S 90' L 15 N 50' 15 and 16 22 & S. Yz 23 Tract 33 7 D 11 2 Butte Capi tal Hill College Sub Figgins Figgins Figgins W side Glend Guy's First 6.30 25.20 21. 62 21. 60 21.60 5.60 14.30 l1. 85 2.80 15.68 15.05 $1,573.75 Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage Garbage I Upon concurrence of the City Managers recommendation, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the applications for the tax abatements be approved, and the Director of Finance be authorized to enter the abatements on the tax record. 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. 1 4 6 23 R B Guys 2nd Hoffman's 42 Imes 1 1 9 C 8 Royal Vista Springbrook Thompson 4th Tracy's 3rd West Side Chequamegon Chequamegon Chequamegon Chequamegon Chequamegon Cheq uame gon TOTAL I I I , ' '.;u j Appointments and Reappointments - Board of Adjustment - Cemetery Board - Zoning Commission Mayor Sedovy announced his appointments and reappointments to various City boards as follows: - Les Neilson to December 31, 1982 Leo Hoffart to December 31, 1982 to replace Melvil Mason Tom Messick to December 31, 1981 to replace H. VanNoy It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Comm- Board of Adjustment ssion concur in the Mayor's reappointment and appointments to the Board of Adjustment. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, and Commissioner Vandeventer, and Commissioner MacNab. Those voting No, 11.One. - Walter Russell to December 3l, 1981 to replace Howard VanNoy Mary Merrick to December 31, 1981 to replace John Braaksma It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Zoning Commission Commission concur in the Mayor's appointments to the Zoning Commission. 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 Cemetery Board to December 31, 1982 - Roy E. Ayres reappointment It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in the Mayor's reappointment to the Cemetery Board. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Commissioner Swanson; those voting No, none. Tea & Eggroll & the Creamery - Permission to advertise establishment A letter received from Jan Matney, of the Tea and Eggroll and the Creamery was presented. They are requesting permission to advertise their businesses with an old fashioned "Sandwich Sign" as an advertising tool to be worn by a pedestrian and displaced on City sidewalks during holidays and special occasions. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission acknowledge receipt of the request and refer it to the downtown merchants to see wheather or not they would be in favor of this type of advertising. 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. Salary Ordinance No. 1037 The City Manager presented Ordinance No. 1037 setting the salary for the City Manager, Finance Director, City Attorney, City Judge, and Clerk of the Commission for the fiscal year ending June 30, 1980, as prepared by the City Attorney. ORDINANCE 111037 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the above ordinance. 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. Application for RafflJ License - Bridger Ski Education Foundation - December 31, 1979 The City Manager presented an application from the Bridger Ski Education Foundation, along with the appropriate fee for a raffle license to be held December 31, 1979. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the application for the raffle license. 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. "fOg Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, 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 Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. I EDMUND P. SEDIVY, Sr., Mayor ATTEST: ~ ~~ /fld-- ?', ' , ERNA V. HARDNG,- Clerk of the City Commission I I