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HomeMy WebLinkAbout1977-06-15 2~tO Bozeman, Montana June IS, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 15 June 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, City Attorney Berg and the Clerk. I Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on 8 June 1977 were approved as submitted. Petition requesting paving and sewer on Fifteenth Avenue & College to Koch Street A petition received from Burton Wastcoat, Agent for Winifred Steele, petitioning the City of Bozeman to create a Special Improvement District for the purpose of Sewer and paving construction on a tract of land located at the Northwest corner of 15th Avenue and College Street was presented. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commissim acknowledge receipt of the request and instruct the staff to research the petition for a recommendation at an early date. 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. Request permission to sell flowers on street corners - Dee V. Miller A letter received from Dee V. Miller requesting permission to sell flowers I on the northeast corner of Seventh Avenue and Mendenhall Street, the corner of Main Street and Rouse Avenue on the Bozeman Hotel side, and at the Feed Bin parking lot on West Main Street for a period from June IS, 1977, to September IS, 1977, was presented. Following discussion, it was moved by Commissioner Vollmer, seconded by Commis- sioner Swanson, that the Commission deny Dee V. Miller permission to sell flowers on city-owned property. Mr. Miller must acquire a City license and receive permission from the private property owner upon whose property sales are being conducted. The motion was carried by the folloiwng Aye and No vote: those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Bond Sale ($40,000) for 1977 Walk and Curb Program (Miscellaneous) The City Manager stated that according to the affidavit of publication this was the time and place set for the bond sale of 1977 Miscellaneous Walks and Curbs in the amount of $40,000.00. I The Mayor and City Manager outlined the procedure for cond~cting this bond sale and stated the amount of bonds to be sold for the purpose of paying for the construction and reconstruction of the miscellaneous sidewalk and curb program would be the same as the advertised amount of $40,000.00 in accordance with the "Notice of Sale" of Bonds. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission proceed with the bidding for the sale of the bonds in the amount 241 of $40,000.00. 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. The First National Bank, the First Security Bank and Marc Patten having presented I their good faith check in the amount of $2,000 as prescribed by the "Notice of Sale" then began oral bidding. The final best oral bid was as follows: First Security Bank - 6.15% First National Bank - 5.80% Marc Patten - 5.75% It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in the recommendation of the Director of Finance, also concurred in by the City Manager, and award the bonds for the 1977 Miscellaneous Walk and Curb program to Marc Patten in the amount of 5.75%. 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 Hearin s: a) Conditional Use Construct~on 0 Gt. This was the time and place set for a public hearing to consider a Conditional Use Permit requested by Chequemegon Hometel, Inc. , 715 South Tenth Avenue, to allow the construction of 32 townBouse units on a 3.2 acre tract of land located between West Babcock street and the north end of South Twelfth Avenue. I The Mayor declared the hearing open. David Penwell, legal counsel for Cheque- megon Hometel, Inc. , was present to explain the Chequemegon Estates is designed to consist of 16 duplexes to be bought, owned and occupied by the elderly. The corporation will also function as the management company for the development and will supervise the maintenance of the common areas of the development. There was a question on the park -dedication and whether or not the streets are dedicated pUblic streets or private streets. Following discussion, it was moved by Commissioner MacNab, seconded by Commis- sioner vollmer, that the request for the conditional use permit application be delayed for a period of one week for further action until David Penwell, legal counsel for the applicant and the City Attorney review these specific issues. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Cormnissioner Vollmer, Conullissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. b) This was the time and place set for a public hearing to consider a Conditional I Use Permit requested by Dr. A. E.McChesney to convert an existing family residence into an office building. The building is located at 618 West Griffin Drive. The Zoning Commission having reviewed the Planning staff's report voted unanimously to recommend approval of the conditional use request with the following conditions attached: 1. That signing be limited to a maximum of two building signs internally or indirectly illuminated with a maximum total size of 50 sq. ft. or less. ,!"t) 24~ 2. That the development of the site be dedicated by the site plan submitted to include proposed landscaping, paving, curbing, and access. 3. That drainage be approved by the City Engineer. 4. That all required site improvement be completed within nine months of the issuance of the conditional use permit. The Commission concurred in the recommendation of the Zoning Commission, and I it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Con~ission approve the Conditional Use Permit application with the above e9nditions. 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. c) Rezoning (R-3 to B-2-T) as requested by Carl Tange (Vicinity of Holiday Inn and Ramada Inn) having been continued for a week was again presented. From the past hearings and discussions of this matter, there appears to be three segments to consider in this area. One of them is the request for rezoning of the western extremity of the area, namely Block 3 of Tange's Addition which runs from Oak Street north to Baxter Lane. The other two segments are involved in what originally was a zone boundary clarification between the B-2 and R-3 districts in this area. The Ramada Inn Motel currently is situated in an R-3 zone when it quite obviously. was intended to be in a B-2 zone. The third segments lies south of the Ramada Inn Motel, and involves two lots owned by the Brutger Companies, Inc. , for development as the Thrifty Scot Motel. I The Commission dealt first with the clarification of the zoning boundary (following procedure dealt with rezoning) of the property on which the Ramada Inn Motel is situated. The action required was to rezone or clarify Lot I, Block 2, of Tange's Addition from R-3 to B-2. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Lot I, Block 2 be rezoned B-2 zone. The motion was carried by the following Z\.ye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vande- venter, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. The Commission then considered the request from Brutger Companies, Inc. , to rezone Lot 2, Block 2 and Lot 6, Block I on which the Thrifty Scot Motel is to be constructed. After a presentation by the attorney on behalf of the owner and discussion from the audience, they requested a motion for a decision on the petition and there- upon it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, I that the. portion of Block 2~ Lot 2, right west of the Southerly extension of the west line of Block I, Lot 3 of Tange's addition to its intersection with the right- of-way line of Oak Street be rezoned from R-3 to B-2-T. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab, and Mayor Sedivy; those voting No, none. - - -..- 24CJ " .tJ The Cow~ission then received a petition from residents of the Royal Vista Subdivision. A petition recorded very much in detail and over two pages long with approximately twenty-two signatures which suggested several actions on behalf of the Block 3 of Tange's Addition. I In view of the length and detail in the petition, the City Manager recommended the hearing on the rezoning of Block 3 of Tange's Addition be continued pending study and a report by the staff on the recommendations contained in the petition. Resolution No. 1878 - Intent to create SID 580 - Sanitary sewer on West Koch St. between 15th and 19th, Hearing July 6 Commission Resolution No. 1878, declaring the intention tocreate a Special Improvement District No. 580 for the purpose of construction of a Sanitary Sewer on West Koch Street between 15th and 19th'Avenue-.; as prepared by the City Attorney, was presented. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1878 be passed and adopted and July 6, 1977, be the date set for 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. Resolution No. 1879 - Intent to create SID No. 581 on West Koch Street etween 15t , Hearlng Ju y I Commission Resolution No. 1879, declaring the intention to create a Special Improvement District No. 581 for the purpose of paving on West Koch Street between 15th and 19th Avenue, as prepared by the City Attorney was presented. Following discussion, it was moved by Commissioner Swanson, seconded by Co~nis- sioner Vandeventer, that the Commission continue action on Commission Resolution No. 1879, SID No. S81, pending dedication of streets and platting. 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. It was then moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission rescind their motion on COlumission Resolution No. 1878, SID No. 580, until further information is acquired in regard to park dedication. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Resolution No. 1880 ,- Intent to Create SID No. 582 - Water on West Koch Between I ,',15th and 19th Avenue (Hear July G It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that action on Commission Resolution No. 1880, SID No. S81, be continueu until the right- of-way easements are established. The motion was carried by the following Aye and 1'\10 vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. -~.- ---- -- ------------ 24,4 Contract Documents for SID No. 576 and 578 The Contract Documents for the construction of SID's 576 and 578 were presented. The City Manager recommended that the Contract Documents be approved as presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Contract Documents be approved and the Mayor and Clerk of the Commission be I authorized and directed to sign the contract for the City of Bozeman, and that Johnston Excavating be authorized and directed to proceed with the construction of SID No. 576 and 578_. 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. Report: Monthly Police Court The City Manager commented on the Monthly Police Court report and recommended it be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the report be accepted and ordered filed. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer; and Mayor Sedivy; those voting No, none. 1977 Sidewalk and Curb Program Having continued action on the 1977 sidewalk and curb program for an additional week for the purpose of inspecting the area and checking on the protests and objec- I tions registered by property onwers of the area, the program was again presented for discussion and a final decision. After an on-site inspection of the protest~areas, it was decided that the City Attorney be asked for a legal opinion on what would be done with Westlakes ditch where it crOSSes the property on the north side of Beall between Fifth Avenue and Seventh Avenue. It was moved by Commissioner Vandeventer, seconded by commissioner MacNab, that the Commission approve the 1977 Sidewalk and Curb program with the possible exception of the Westlake ditch. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, CommissionerSwanson, and M~yor Sedivy; those voting No, none. Appointment to Senior Citizens Board Mayor Sedivy appointed Duncan MacNab and James W. Vollmer to confer with the Senior Citizens on the selection of an architect for the senior center. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, I that the Commission concur in the Mayor's appointment of Duncan MacNab and James Vollmer to represent the City in a meeting with the Senior Citizens. 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. ~..~_...- 245 Lea~ of Absence - Mayor Sedivy, June 22, 1977 Upon recommendation of the City Manager, it was moved by Commissioner Vandevente~ seconded by Commissioner Vollmer, that the absence of Mayor Sedivy from the meeting of June 22, 1977, be authorized in compliance with Section 11-3245, R.C.M. , 1947, and I that Commissioner MacNab be appointed as President Pro-Tempore during his absence. The motion was carried by the following Aye and No vote: those voting Aye be~ng Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Adjournme~.!- There being no further business to come before the Commission at this time, it was moved by Commissioner MacNab, seconded by commissioner Vollmer, that the meeting be adjourned, and 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. ATTEST: ERt~V:~Attfiff~ I Clerk of the City Commission I ~- --'"'- -_....~~---_._.~ ------...........