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HomeMy WebLinkAbout1980-03-05 , r (~''I "i" v.j Bozeman, Montana March 5, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal BUilding, March 5, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, I City Attorney Planalp and the Clerk. Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, February 27, 1980 were approved as submitted. Mandeville request for Zone Map Change The request from Mr. Mandeville, for a Zone Map Change, was again deferred. Public hearinq - Conditional Use Permit - Steve Houser - construct building - 1025 Storv Mill Road - to be continued The Zoning Commission meeting scheduled for last week was cancelled because of lack of a quorum. Therefore, the hearing of Steve Houser, who seeks a Conditional Use Permit to construct a 4,640 square foot building to be used for a cabinet/woodworking shop and leasable warehouse space, has been continued for a period of one week. Public hearing - Zone ~1ap Change - Bob Braun - from AS to M-1 property southeast of Idaho Pole business and Bohart Lane - to be continued The Zoning Commission meeting scheduled for last week was cancelled because of lack of a quorum. Therefore, the hearing of Bob Braun, who seeks a Zone Map Change from AS to M-1, on approximately one-half acre located east of and adjacent to Interstate 90 and south of the abandoned Milwaukee Railroad line has been continued for a period of one week. Public hearing - Zone Map Change - Eugene Graf - from AS to R-2 & R-3 - 121 acres located south of Summit Engineering - to be continued The Zoning Commission meeting scheduled for last week was cancelled because of lack of a I quorum. Therefore, the hearing of Eugene Graf, who seeks a Zone Map Change from AS to R-2 & R-3, on approximately one-hundred and twenty-one acres located south of Summit Engineering approximately twelve hundred feet and west of and adjacent to Figgins Addition has been con- tinued for a period of one week. Public hearing - Zone Map Change - Ken Spain & Kent Wilson - from R-4 to B-2-T, Lots 11-18, Block 5 - Springbrook Addition - to be continued The Zoning Commission meeting scheduled for last week was cancelled because of lack of quorum. The applicants seek a change to the City's Official Zoning Map, which if granted, would change the zoning classification from R-4 to B-2-T on Lots 11 through 18, Block 5 of the Springbrook Addition. The area is bounded by West Mendenhall Street and North Tenth and North Eleventh Avenues and contains approximately 27,500 square feet. The applicants seek the zone map change so that other than medical offices could be used within the existing buildings. Lee Cannon of 109 North Tenth Avenue appeared to object to the change from R-4 to B-2-T on the basis of incompatability, traffic congestion, no parking, and an excessive amount of noise. He said there already are too many businesses in a residential zone. Sigrid Cox of 115 North Tenth, Evelyn and Oliver Dahl of 112 North Tenth, Leo Ziegler of 105 North Tenth, and John Jacobs of 119 North Tenth were also present to object to the proposed zone change. The applicant advised the Commission that changing the zone from R-4 to B-2-T would allow for resident input at scheduled publiC hearings for any future use that would be proposed for the site. The applicants want to maintain the level of quality that they have tried to develop I in this area. The hearing on the above request has been continued for a period of one week. Public hearing - City/County Planning - proposed zone code amendment - Chapter 18.21 R-S - Country Estates Major Revision - to be continued The Zoning Commission meeting scheduled for last week was cancelled because of lack of a quorum. Therefore, the hearing of the City/County Planning staff to consider a major revision to Chapter 18.21 of the Bozeman Zoning Code has been continued for a period of one week. 1.,hO ; \.~./ Ordinance No. 1049 - Amend Section 18.45 - delete shopping centers B-2 District ORDINANCE NO. 1049 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING SECTION 18.45.020 TO DELETE SHOPPING CENTERS IN THE B-2 COMMUNTIY HIGHWAY BUSINESS'DIS- TRICT AS A PERMITTED USE. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Ordinance I No. 1049, amending Section 18.45.020 to delete shopping centers in the B-2 community highway business district as a permitted use, be passed and adopted and shall become effec- tive April 3, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner t1athre, and Mayor MacNab; those voting No, none. Ordinance No. 1050 - Amend Section 18.84 -- to provide for modification in landscaping design Ordinance No. 1050 set forth in full as prepared by the City Attorney was presented. ORDINANCE NO. 1050 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING SECTION 18.84 TO PROVIDE FOR MODIFICATIONS IN LANDSCAPING DESIGN. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Ordinance No. 1050, amending Section 18.84 to prOVide for modifications in landscaping design be passed and adopted and shall become effective April 3, 1980. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Ordinance No. 1051 - Amend Section 18.72 to allow shopping centers in B-2 District Ordinance No. 1051 set forth in full as prepared by the City Attorney was presented. ORDINANCE NO. 1051 AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING SECTION 18.72.150 TO ALLOW I SHOPPING CENTERS IN THE B-2 COMMUNTIY HIGHWAY BUSINESS DISTRICT AS A CONDITIONAL USE. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Ordinance No. 1051, amending Section 18.72.150 to allow Shopping centers in the B-2 Community Highway Business District as a conditional use be passed and adopted and shall become effective April 3, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Long Construction contract documents for signature - West Dickerson Construction The Contract documents for the paving construction on West Dickerson Street in the amount of $28,504.00, as prepared by Thomas, Dean & Hoskins, Inc., was presented. The City Manager recommended that the contract documents in the amount of $28,504.00, as submitted by Long Construction Co., Inc., Billings, be approved. It was moved by Commissioner Mathre, 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 Co., Inc. be authorized and directed to proceed with the construction on West Dickerson Street. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Request for approval - Financial Consulting Services The City received proposals from four financial conSUlting firms to handle the library I bond issue, and the two revenue issues for water and sewer improvements coming up in the near future. The City Attorney submitted contract documents prepared by Boettcher and Company of Denver, and recommended approval thereof. The City Manager said the bond market is flooded, making it difficult to sell issues and Boettcher and Company should help to make Bozeman bonds more appealing. The City Manager {' .., '(UJ, further stated that besides helping to sell the bonds, Boettcher and Company may help the City get a financial rating, thus making its bonds appear to be secure investments to those in the market. The City Attorney told the Commission that because of the financial problems larger cities have had, the U.S. Supreme Court recently ruled that cities will no longer receive municipal exemption for liability when they fall victims to fraud and default. This makes I it important to acquire proper financial counsel, particularly in bond issues involving a large amount of money. The City Attorney further stated that if the City did order Boettcher and Company to go ahead with the rating, that fee would be added to the fee for organizing the bond sales. The fee for the bond sales, is not to exceed 1/2 percent of the par amount on the water and sewer bonds. The fee can come out of the water and sewer bond funds. However, under state law, the Attorney explained, the libraries general obligation bond, cannot be paid for out of the bond funds. Consequently, Boettcher and Company has agreed to handle that bond for free. The Commission concurred in the recommendation of the City Attorney, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Contract with Boettcher and Company of Denver, Colorado. The motion was carried by the following Aye and No, vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor ~1acNab; those voting No, none. Request for approval - Engineers firm for Master Storm Drain Study Commissioner Mathre has been a member of a three-person committee interViewing and review- ing proposals from engineering firms for the preparation of a master storm drainage study for Bozeman. Two firms submitted final proposals. The proposal from Thomas, Dean & Hoskins seems entirely acceptable, and much more nearly within the appropriation for the Master Storm Drain Study. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson that the City staff be directed to negotiate a final contract with Thomas, Dean & Hoskins, for the proposed Boze- man Storm Drain project. The cost estimate ranges from $50,000.00 to 75,000.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those vot- ing No, none. Thomas, Dean & Hoskins, Inc., - Engineering Contract - Water & Storm Drain and Paving A Contract by and between the City of Bozeman and Thomas, Dean & Hoskins, Inc., "Engineers", of Great Falls, Montana, was presented. The agreement is intended to cover engineering design and construction inspection services for water supply, water storage distribution and treatment; wastewater collection and treatment; storm drainage and paving improvements; or any other engineering projects. These projects could be special improvement districts or urban projects as approved or which may be approved by the City of Bozeman. The Engineer agrees to perform the above described services for a per- iod of five years. Said contract is renewable at the end of the five year period by mutual agreement between the City of Bozeman and Thomas, Dean & Hoskins, Inc. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Contract by and between the City of Bozeman and Thomas, Dean & Hoskins, Inc. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. I Mountain Bell Ri ht-of-Wa Easement - bur new lon distance lines Bozeman to Bel rade - cross the northerly 20' of Lots 1 & 2, Bock 2, Lakes Subdivision #2 A Right-of-Way Easement by and between Mountain Bell and the City of Bozeman for the pur- pose of constructing, operating, maintaining and removing such communication and other facilities thereto upon and across the northerly 20 feet of Lots 1 and 2 of Block 2, of Lake's Subdivision No.2 located in the SW~ S22, TIS, R5E, Gallatin County, Montana, was presented. Upon concurrence of the City Manager, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Right-of-Way Easement be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The moti on was carried by the ':.82 following Aye and No vote: those voting Aye being Commissl'oner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Jerry Kober - Right-of-Way Easement - Lots 9,10 Block 3, Karp's Addition A Right-of-Way Agreement by and between Jerry Kober and the City of Bozeman, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said residential sewer and appurtenances and for such other rights of access and inciden- I ta 1 ri ghts thereto upon and across Lots 9 and 10 of Block 3, Karp' s Additi on, was presented. Upon concurrence of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Right-of-Way Agreement be approved and the Mayor and Clerk of the Commission 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 Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Petition for Annexation - Barrick, etal property lying within Zoning District No. 1 A letter received from Joseph W. Sabol, petitioning the City of Bozeman to annex certain real property lying west and north of the present city limits of the City of Bozeman and owned by Gene E. Cook, Walter L. & Susan Olson, Gary L. Cook, George E. & Alice M. Cook, Jessie M. Kunda, Lowell C. and Shirley E. Curtis, Howard C. & Rosetta F. Barrick and Wayne A. Lachen- maier, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the petition and refer it to the City Attorney for drafting a resolution of intent to annex. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Consideration for Auditor for Fiscal Year 1979-1980 Commissioner Stiff met with City Manager Gesko, Director of Finance Murie, Ass't. Director of Finance Hilfers, and John Evans in regard to retaining an auditor for the present fiscal I year. 'Commissioner Stiff gave a short report on suggested procedures for retaining an auditor for the present fiscal year. Commissioner Stiff recommended that the audit committee be expanded to include Commissioner Swanson, Roger Clingman of the Montana Bank, and Dr. Gil Crain, Ass't Professor at Montana State University. Mr. Stiff stated that one of the goals of the committee would be to select an auditor for a three year term, thus ending the lateness of the audit reports. He felt the report should be out, not later than January 1 of the next fiscal year, in order that the City can operate more efficiently. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the expansion of the Audit Committee. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Proclamation - DeMolay Week - March 16-22, 1980 Permission to hang banner over Main Street - March 16-22 Mayor MacNab proclaimed the week of March 16-22, 1980 as "International DeMolay Week" in the City of Bozeman and called upon all citizens to join in Saluting the Young Men of the Order of DeMolay, and in expressing our grateful appreciation for the fine examples set by them in contributing to the welfare of our community by addressing themselves to the building of good character among our youth, thereby aiding in the development of leadership for tomorrow. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission I concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. A letter received from the Ross C. Jensen Chapter of the Order of DeMolay, requesting per- mission to place a banner across Main Street from March 16-22, 1980, along with the required $25.00 deposit, was presented. I' /"., ";' Q ...~, It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that permission be granted the Order of OeMolay to place the banner over Main Street from March 16-22, 1980 be granted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. I Application for Raffle License - A.A.U. Wrestling Club, March 8, 1980 The City Manager presented an application from the A.A.U. Wrestling Club, along with the appropriate fee for the purpose of holding a raffle on March 8, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, 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 Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Application for Poker License - to June 30, 1980 - Valley View Supper Club The City Manager presented an application from the Valley View Supper Club, along with the appropriate fee for the purpose of acquiring a poker license for the year ending June 30, 1980. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for the Poker license as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Application for Kennel License - Richard Tenney, M.D. The City Manager presented an application from Richard Tenney, M.D., 308 South Bozeman, along with the appropriate fee for a kennel license. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the kennel license application as presented. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Accept and File - Director of Public Service Report for January The City Manager commented on the report of the Director of Public Service for the month of January, 1980 and recommended it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. &J2~)? .... DUNCAN S. MACNAB, Mayor ATTEST: I ~A*4' :;(P'~ ERNA V. HARDI G, Clerk of the City Commission