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HomeMy WebLinkAbout1977-03-02 1~9 ' 'tl~ Bozeman, Montana March 2, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 2, 1977, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Leave of Absence - Commissioner Lehrkind - March 2, 1977 I Upon recommendation of the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the absence of Commissioner Lehrkind be authorized in compliance with Section 11-3245, R.C.M., 1947, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Commissioner Sedivy opened the meeting with a prayer whereupon the minutes of the regular meeting held on February 23, 1977, were approved as read. Hearing, Comm. Resolution No. 1858 SID No. 576 - Sanitary Sewer, No. 22nd Avenue between Beall Corom. Res. No. 1864 Creating Street and Durston Road This was the time and place set in Commission Resolution No. 1858 to hear protests to the creation of Special Improvement District No. 576, Watermain and Sanitary Sewer construction on North 22nd Avenue between Beall Street and Durston Road. Affidavit of publication of Notice and the Clerk's mailing certificate, s.tating all property 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 in concurrence with the recommendation from the City Manager, it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, Commission Resolution No. 1864, entitled: COMMISSION RESOLUTION NO. 1864 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. 576 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATERMAIN AND SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH OF NORTH I TWENTY-SECOND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD; A TEN (10) INCH WATERMAIN AND APPURTENANCES ON A PORTION OF DURSTON ROAD FROM A POINT APPROXIMATELY 117 FEET WESTERLY OF THE WEST LINE OF NORTH TWENTY-FIRST AVENUE TO A POINT APPROXIMATELY 117 FFET WESTERLY OF THE WEST LINE OF NORTH TWENTY-SECOND AVENUE; AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPURTENANCES ON THE ENTIRE LENGTH OF NORTH TWENTY- SECOND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD TO SERVE LOTS 16 TIlROUGH 31 OF BLOCK 3 AND LOTS 1 THROUGH 16 OF BLOCK 4 OF WEST PARK MANOR, SECOND ADDITION TO THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLA TION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. as prepared by the City Attorney be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Sedivy, and Mayor Vollmer; those voting No. Hearing, Comm. Res. No. 1859- SID No. 577, Paving No. 22nd Comm. Res. No. 1865 - Creating SID No. 577 This was the time and place set in Commission Resolution No. 1859 to hear protests to the creation of Special Improvement District No. 577, Paving construction on North 22nd Avenue between Beall Street and Durston Road. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been no~ified as required by law, were presented. No one appeared to protest verbally and there were no written protests on file. The Mayor declared the hearing closed and in concurrence with the recommendation of the City I Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that Commission Resolution No. 1865, entitled: COMMISSION RESOLUTION NO. 1865 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. 577 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING AND INSTALLATION OF AN ASPHALTIC-CONCRETE TYPE PAVING, INTEGRAL CONCRETE CURB AND GUTTERS, NECESSARY APPURTENANCES THERETO, ALSO CON- STRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE AND DITCHES, STORM DRAINAGE INLETS, MANHOLES, DIVERSION STRUCTURES OR OTHER APPURTENANCES TO STORM DRAINAGE AS NEEDED ON A PORTION OF BEALL STREET FOR A DISTANCE OF 117 FEET EACH SIDE OF NORTH 22ND AVENUE, ALSO NORTH 22ND AVENUE BETWEEN BEALL STREET AND DURSTON ROAD. as prepared by the City Attorney be passed and adopted and the motion was carried by the following Aye 160 and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Hearing, Comm. Res. No. 1860 SIn No. 578 re Water and Sewer No. 19th Avenue Corom. Res. No. 1866 - Creating SIn No. 578 This was the time and place set in Commission Resolution No. l8~O to hear protests to the creation of Special Improvement District No. 578, water and sewer construction on North l~ Avenue between Beall Street and Durston Road. Affidavit of publication of Notice and the Clerk's mailing certificate, I stating all property owners had been notified as required by law were presented. There were no pro- tests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and in concurrence with the recommendation from the City Manager, it was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Commission Resolution No. 1866, entitled: COMMISSION RESOLUTION NO. 1866 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. 578 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES ON THE ENTIRE LENGTH OF NORTH NINETEENTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD; AN EIGHT (8) INCH SANITARY SEWER LATERAL MAIN AND THE NECESSARY APPURTENANCES ON THE ENTIRE LENGTH OF NORTH NINETEENTH AVENUE BETWEEN BEALL STREET AND DURSTON ROAD TO SERVE LOTS 1 THRU 17 OF BLOCK 1 OF WEST PARK MANOR 1ST ADDITION TO THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, CAST IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. THE CONSTRUCTION AND INSTALLATION OF SEWER AND BACKFILL BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERETO. as prepared by the City Attorney be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Public Hearing on request for Conditional Use Permit - Brian Marler This was the time and place set for a public hearing to consider the request of Mr. Brian Marler I for a conditional use permit to allow the establishment of a used car sales lot at 1602 North Rouse Avenue. The lot would be located in an M-l-(T) zone, which requires conditional use review because of its transition designation. The existing house on the lot will be used as a sales office. Having reviewed the staff's report and the comments of the applicant, the Zoning Commission voted unanimously to recommend approval of this conditional use request with the following conditions: 1. That the used car lot be set back 40 feet from the existing right-of-way. 2. That the front yard area be landscaped and maintained in grass and shrubs and should also include two (minimum 2" diameter) trees. 3. That signing be limited to the one non-illuminated ground sign of 50 square feet or less, as anticipated by the applicant. 4. That the sales lot be maintained as a clean, gravelled area. 5. That all required site improvements be made within nine (9) months of issuance of the conditional use permit. Following discussion, it was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the zoning Commission, also concurred in by the City Manager, and approve the Conditional Use Permit with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Public Hearing on Request for zoning Map Change (R-4 to B-2) Ben Grinwis This was the time and place set for a public hearing to consider the request of Ben Grinwis for a zoning change from R-4 to B-2 on Lot 11, Block 1 of the North Seventh Addition and located at 511 W. Peach Street. I The Mayor declared the hearing open. The Planning staff had requested a period of 30 days to further study this request -- after the notice of public hearing had been published. Following discussion, the Commission concurred with the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that the hearing be continued until a futur.e date. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. ._~- .~-".. 161 Public Hearing on ZOne Code Amendment - Section 10.3 - Lot Area Requirements for 2~4 family multiple residences in R-4 zone This was the time and place set for a public hearing to consider the request of the Planning staff' for an amendment to the zoning ordinance which if approved will correct an oversight and discrepancy in the minimum lot area requi~ements for two-to-four family units in the R-4 zone. This discrepancy is a result of a staff oversight in making recommendations to the Zoning Commission in 1976 for the revision of density requirements for the R-4 zone. I Having reviewed the Planning staff's report, the Zoning Commission voted to recommend approval of the amendment to the zoning ordinance. It was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that'the Commission concur in the recommendation of the ,Zoning Commission, also concurred in by the City Manager, and approve the zone code amendment of Section 10.3 of the Bozeman Zoning Code. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Public Hearing on Zone Code Amendment - Section 18 - Notification and fee structure This was the time and place set for public hearing to consider the proposed revisions of the City-County Planning staff for notification of public regarding hearings on code amendments, zone changes, conditional uses. and variance requests. The Mayor declared the hearing open whereupon the City Attorney advised the Commission that he had talked with Paul Bolton of the Zoning Commission and found that there are several changes that should be made which should all be done at the same time and recommended that the hearing be con- tinued until he and Mr. Bolton could get the changes brought up to date. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor. that the hearing be continued until such time as all of the changes in Section 18 ~ Notification and fee structure ~ were brought up to date. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor. Commissioner Vandeventer. and Mayor Vollmer; those voting No, none. Rescind Action on Vote ,- (Meeting of February 23. 1977) Variance from Uniform Building Code for I remodeling of Oxford Building Noted: In accordance with Section 11-3247, R.C.M., 1947 - In municipalities having five commissioners, three commissioners shall constitute a quorum. and the affirmative vote of three commissioners shall be necessary to adopt or reject any motion, resolution. or ordinance. or pass any measure unless a greater number is provided for in this act. Ordinance No. 982 - Adopting 1976 Edition of Uniform Mechanical Code published by International Conference of Building Officials (Final Passage) This was the time and place set for a public hearing to consider adopting the 1976 Edition of Uniform Mechanical Code published by International Conference of Building Officials (Ordinance No. 982). The notice of intention was presented. It was moved by Commissioner Taylor. seconded by Commissioner Vandeventer. that Ordinance No. 982 be passed aud adopted. and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor. Commissioner Vandeventer. Commissioner Sedivy, and Mayor Vollmer; those vo ting No, none. Ordinance No. 983 - Adopting 1976 Edition of Uniform Plumbing Code published by International Association of Plumbing and Mechanical Officials (Final Passage) This was the time and place set for a public hearing to consider adopting the 1976 Edition of the Plumbing and Mechanical Code (Ordinance No. 983) . The notice of intention was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that Ordinance No. 982 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer. Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. I Consideration of Police Car bids opened on February 23, 1977 The Commission was referred to the opening of bids on February 23, 1977 , for the purchase of three (3) police vehicles to be used by the Police Department. The bids having been tabulated and analyzed, the Chief of Police recommended that the bid of Rolfe & Wood. Inc.. it being the only bid submitted be accepted on the basis of their bid in the amount of $13,011.00 with the trade-in's, the bid equaling or exceeding the specifications as con- tained in the "Call for Bids". The City Manager, having concurred in the recommendation of the Chief of Police and the City staff. recommended that the purchase be authorized. -- ~--- -,._--~ 1'62 ' .:. It was moved by Commissioner SedivYt seconded by Commissioner Taylort that the purchase of three (3) vehicles be awarded to Rolfe & Woodt Inc.t on the basis of their bid in the amount of $13tOll.00 with the trade-in'st and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner vandeventer, and Mayor Vollmer; those voting No, none. Commission Resolution No. 1863 - Intent to Annex parcel of land east of Rouse and south of Lincolnt abutting the City (McRay Evans Hearing - March 30 COMMISSION RESOLUTION NO. 1863 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANAt DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WI'lllIN THE CORPORATE LIMITS THEREOF. as prepared by the City Attorney was presented. It was moved by Commissioner Taylort seconded by Commissioner Vandeventert that Commission Resolution No. 1863 annexing a tract of land located in the Northwest \, Southeast \, Section 18, Township 2 South, Range 6 Eastt MPM, Gallatin County, Montana, and belonging to McRay Evans, be passed and adopted and March 30 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Bargain and Sale Deed between the Methodist Church and the City of Bozeman A Bargain and Sale Deed by and between the Bozeman United Methodist Church, Bozeman, and the City of Bozeman involving a parcel of gound in the City of Bozeman to be used for street purposes was presented to the Commission. Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that the Commission accept the Bargain and Sale Deed from the Bozeman United Methodist Church for a parcel of ground situated in the NW \ of the SW\ of Section 12, Township 2 South, Range 5 East in the City of Bozeman for street purposes. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. I Report on Request for Alley Vacation by First Security Bank The petition received from the First Security Bank of Bozeman, requesting vacation of the westerly 28.5 feet of the current alley, and more particularly described as all that part of Lots 4, 5, 32 and 33 of Block C of the Original Townsite having been referred to the City staff for study and their comments was again presented for final action. The Street Superintendent and the City Engineer reviewed the request and stated the 28.5 foot by 30 foot portion is a dead end and serves no purpose to the City; therefore, they have no objection to the vacation of the alley. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that the Commission approve the alley vacation and instruct the City Attorney to draw up a resolution to vacate the westerly 28.5 feet of the current alley, and more particularly described as all that part of Lots 4, 5, 32 and 33 of Block C of the Original Townsite. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. License Renewal for Bozeman Community Television Communications (Cable TV) It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission accept the application for Certificate of Compliance filed on behalf of the Cable Television System for a period of one year until March 1978 at which time all franchises will be required to be consistent wi th FCC Rules. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. I Reports The following reports were presented: Police Monthly Building Inspection Monthly The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the reports be approved and ordered filed~ and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner SedivYt and Mayor Vollmer; those voting No, none. 163 Commission Resolution No. 1867 - Opposing Senate Bill Number 349 The City Manager suggested that the City Commission consider drawing up a resolution opposing Senate Bill No. 349 which would elect the police court judges rather than having them appointed. The City Manager then recited a resolution as follows: COMMISSION RESOLUTION NO. 1867 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN OPPOSING SENATE BILL NUMBER 349. I WHEREAS, the City of Bozeman adopted the Commission-Manager form of government in 1922, and has been governed and administered under that form for these fifty-five years; and, WHEREAS, under this form of government the Police Court Judge is appointed by and serves at the will of the City Commission; and, WHEREAS, this arrangement has been entirely satisfactory for the City of Bozeman, having withstood the test of time, and the growth and development of the City, unblemished by political patronage; and WHEREAS, it is felt that the Commissioners -- the elected representatives of the people -- can suggest and convey the consensus of the electorate, as to the manner in which violaters should be dealt with, in accordance with the provisions of law and the ordinances of the City; and NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF BOZEMAN herewith opposes the passage of Senate Bill Number 349, and urges that the present method for the provision of Police Court Judges in Commission-Manager cities not be altered. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the above resolution opposing Senate Bill No. 349 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Sedivy, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Sedivy, Commissioner Taylor, and MayorjT911mer.; those voting No, none. I ( ~/"O ~V. 'J;~c~/,< ,J JAMES W. VOLLMER, Mayor ATTEST: ",7,_ //~ i'Illil~: ~~ING . Clerk of the City Commission I -