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HomeMy WebLinkAbout1977-08-17 29') , ....... ..(.,j Bozeman, Montana August 17, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 17, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg, and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular I meeting held on August 10, 1977, were approved as corrected. Public Hearing (Continued) Maurice Klabunde - Reclassify 22.2 acres in 2 parcels from AS to B-2, 10.5 acres occupied by Heritage Homes - 11.5 acres east of and adjacent to first parcel - 4 miles west of Bozeman The public hearing to consider the request of Maurice Klabunde to reclassify 22.2 acres in two parcels from AS to B-2 was again brought before the Commission for hearing and a final decision. Mr. Klabunde was present for the hearing but since his attorney was unable to attend he requested that the hearing be continued for a period of a week. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission continue Mr. Klabunde's hearing for another week. 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 re zoning requests: A - Frank J. Trunk & Son - Reclassify an 8.3 acre parcel from R-3 to B-2 North of and adjacent to King Arthur Mobile Home Park and fronts on U.S. Highway 191 The decision on the request of Frank J. Trunk & Son to reclassify an 8.3 acre parcel of land from R-3 (Residential-Medium Density) to B-2 (Community Highway Business) having been deferred for a period of one week was again brought before the Commission for a final decision. Frank Trunk was present to discuss the reclassification. The Zoning Commission, having reviewed the alternative recommendation of the Planning staff, recommended approval thereof with a "T" designation being attached to the B-1 zone classification. The City Manager recommended that the Commission not allow the reclassification from R-3 to B-2. I It was moved by Commissioner Vollmer, that dhe Commission approve the alternative recommendation of the Zoning Commission with a "T" designation attached to the B-1 zone classification. The motion died for lack of a second. It was then moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission deny the request of Frank J. Trunk & Son to reclassify an 8.3 acre parcel of land from R-3 to B-2. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Vollmer. B - William B. Alverson - Reclassify 1 acre tract from A-S to B-1 - Fronts on Rea Road approxi- mately 1,700' south of Rea Road - U.s. 191 Intersection The decision on the request of William Alverson to reclassify a one-acre parcel from AS to B-1 havhing been deferred for a period of one week was again brought before the Commission for a final decision. Having reviewed the Planning staff's report, the Zoning Commission unanimously recommended denying the request of W. Alverson. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission deny the request of William Alverson to reclassify a one-acre parcel from AS to B-1, and the motion was carried . . . . Disposition/Legal Interpretation - Patterson Siding - Bob Braun Having continued action on the request of Bob Braun in regard to storing precast concrete septic tanks on a tract of land on South Third extended until the City Attorney and Attorney Nash further investigated the matter, it was again brought before the Commission. I The City Attorney informed the Commission that the non-conforming use existed at the time of the purchase of the property. The City Attorney will submit a written statement detailing the specific facts of this case and the legal support. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, to permit the use of the land as it is, 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. 29:3 ,to Main Mall Building Permit Mr. Daum appeared before the Commission in regard to the issuance of a building permit for the Main Mall. The City Attorney informed Mr. Daum that since last week's Commission meeting, a summons has been served upon members of the Commission, the Building Inspector, the State Highway Department, and the Health Department. September 12 is the date of the show cause hearing on whether the injunc- I tion sought by the downtown merchants should be made permanent. Request- Surracing E. Lamme, Wallace to Broadway The request from several property owners regarding street improvements on East Lamme from Wallace to Broadway, having been tabled for a week's additional study, was again brought before the Commission. The City Engineer presented the following four alternative treatments: 1- Gravel 2. Penetrating Oil & Chips 3. Machine lain 3-4 inch mat of asphaltic concrete 26 feet wide 4. Full strength asphaltic concrete, curb and gutter 37 feet wide Over a twenty-year period, the City Engineer felt that Alternative No. 4 would be the most economical way to go. The property owners in that area wish to have more time to think about an asphaltic concrete street with curb and gutter and the cost thereof. Following discussion, the property owners requested that the street be gravelled this fall as a temporary situation. Two-Way Couplet Extension: Extension one-way streets - Mendenhall - Rouse to Broadway Babcock from 8th to 11th and Rouse to Wallace As requested by the City Engineer, the Babcock-Mendenhall Couplet was referred to the State Department of Highways for any recommendations for revising the signing and traffic flow on the streets on the Urban System. The State Department of Highways must have a detailed plan of the City's proposal in order to perform the required traffic and engineering studies. Salary Ordinance No. 994 I Salary Ordinance No. 994 fixing the monthly salary and official bond of the City Manager, the heads of departments, and the employees of the City Commission was presented, entitled: SALARY ORDINANCE NO. 994 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 Vollmer, seconded by Commissioner Swanson, that Ordinance No. 994 be passed and adopted, and 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. Appropriation Ordinance No. 993 Ordinance No. 993 appropriating monies for expenditures deemed necessary and in accordance with budgetary requirements for maintenance, etc., was presented, entitled: SALARY ORDINANCE NO. 993 AN ORDINANCE APPROPRIATING MONIES FOR EXPENDITURES DEEMED NECESSARY AND IN ACCORDANCE WITH BUDGETARY REQUIREMENTS FOR MAINTENANCE, ETC., OF THE MUNICPAL GOVERNMENT OF THE CITY OF BOZEMAN, MONTANA, FOR THE FISCAL YEAR ENDING 30 JUNE 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance No. 993 be finally passed and adopted, and 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 Receipt of Claim - Lincoln Road Paving The City Manager presented a letter from the County Commissioners showing the total cost of Lincoln Road along with the City's share of the cost which amounts to $18,103.02. The City Manager recommended that the claim in the amount of $18,103.02 be approved and the Director of Finance be directed to issue a warrant in payment thereof. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the claim be approved as presented, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. -~-- 294 Annexation - Commission Resolution No. 1899 - McChesney Commission Resolution No. 1900 - Nelson Commission Resolution No. 1899 declaring the City Commission's intention to extend the boundaries of the City of Bozeman to include a tract of land located in the NW~ of Section One, T2S, R5E, M.P.M., to be known as the McChesney Annexation to the City of Bozeman, entitled: COMMISSION RESOLUTION NO. 1899 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING I IT TO BE TO THE BEST INTEREST OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. as prepared by the City Attorney was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1899 be passed and adopted and that the Noitce in Re be published four consecutive weeks, and that September 28 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. Commission Resolution No. 1900 declaring the City Commission's intention to extend the boundaries of the City of Bozeman to include a tract of land located in the N~ of Sl, T2S, R5E, M.P.M., to be known as the Nelson Annexation to the City of Bozeman, entitled: COMMISSION RESOLUTION NO. 1900 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE TO THE BEST INTEREST OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. as prepared by the City Attorney was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1900 be passed and adopted and that the Notice in Re be published four consecutive I weeks, and that September 28 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. Commission Resolution No. 1901 - Levying and Assessing Lighting Districts - for provisional passage Hearing August 24 Commission Resolution No. 1901, levying assessment in the total amount of $22,043.12 for the various lighting districts for the year 1977, was presented. COMMISSION RESOLUTION NO. 1901 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTION 11-2252, R.C.M., 1947. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Resolution No. 1901 be provisionally passed and adopted and Wednesday, August 24, be set as the date for public hearing and 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. Commission Resolution No. 1902 - Levying and Assessing Sweeping Districts - for provisional passage Hearing August 24 Commission Resolution No. 1902, levying assessment in the total amount of $30,114.03 for the various sweeping districts for the year 1977, was presented. COMMISSION RESOLUTION NO. 1902 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING I A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN STREET SWEEPING DIS- TRICTS OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY SEVENTY-FIVE PERCENT OF THE COST OF SWEEPING DISTRICTS WITHIN SAID STREET SWEEPING DISTRICTS OF THE CITY OF BOZEMAN FOR THE YEAR 1977. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Resolution No. 1902 be provisionally passed and adopted and Wednesday, August 24, be set as the date for public hearing 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. ~._.~-- 29~ '. . . .~. ~ . ".1 Steven Killorn - Request to place trailer front of 229 E. Main - August 27t 1977 - for Grand Opening The City Manager presented a letter from Steven Killorn, owner of Restvedt's Meat Market, rquesting permission to park a trailer mounted with barbeque barrels in front of his store to pro- mote a Grand Opening on August 27, 1977. It was moved by Commissioner MacNabt seconded by Commissioner Vollmer, to grant Mr. Killorn permission to park the trailer on August 27 with the stipulation that there is nothing on the side- I walk to restrict pedestrian traffict and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmert Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Reports: Police Court - Director of Public Service - Library The following reports were presented: Police Court Director of Public Service Library The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports be approved and ordered filed. 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. Montana Bank of Bozeman - Seven mile mini-marathon The City Manager presented a letter from the Montana Bank of Bozeman requesting permission to hold a seven-mile mini-marathon on Saturday, October 1, at 10 a.m. The run will be a charity even to be donated to the Scouts of Gallatin County. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, to grant Montana Bank of Bozeman permission to hold the seven-mile mini-marathon on October ~, and the motion was carried by the following Aye and No vote: those voting Aye being Commissio~er Vandeventert Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Plans and Specifications - SID 577 - Paving Beall Street and North 22nd Avenue SID 579 - Paving (Henderson's) Bozeman Creek Annexation Plans and specifications covering the proposed improvement in Special Improvement District I No. 577 for construction of paving portion of Beall Street and North 22nd Avenue as prepared by Thomas, Dean & Hoskins, Inc., consulting engineers, was placed before the Commission. Upon recommendation of the City Manager, it was moved by Commissioner Vollmert seconded by Commissioner Swansont that the plans and specifications as presented be approved and that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of Special Improvement District No. 577 with an opening date of September 7, and to advertise for the sale of the bonds in the approximate amount of $110,000.00 for SID No. 577 to be received on September 14, 1977. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, CommissionerVandeventert Commissioner MacNab, and Mayor Sedivy; those voting No, none. Plans and specifications covering the proposed improvement in Special Improvement District No. 579 for construction of paving Hayes Street as prepared by Thomas, Dean & Hoskins, Inc., consulting engineers, was placed before the Commission. Upon recommendation of the City Managert it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the plans and specifications as presented be approved and that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construc- tion of Special Improvement District No. 579 with an opening date of September 7t and to advertise for the sale of the bonds in the approximate amount of $11,500.00 for SID No. 579 to be received on September 14, 1977. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNabt Commissioner Vollmer, and Mayor Sedivy; those voting No, none. I Commission Resolution No. 1903 Amending Commission Resolution Nos. 1870 and 1893 Commission Resolution No. 1903 amending Commission Resolution Nos. 1870 and 1893 to change the date of sale of municipal general obligation bonds from August 31, 1977t to September l4t 1977, was presented by the City Attorney. COMMISSION RESOLUTION NO. 1903 A RESOLUTION AMENDING COMMISSION RESOLUTION NOS. 1870 AND 1893 TO CHANGE THE DATE OF THE SALE OF GENERAL MUNICIPAL OBLIGATION BONDS FROM AUGUST 31, 1977, TO SEPTEMBER 14, 1977, AT THE HOUR OF 1:15 O'CLOCK P.M. AND TO CHANGE THE DATE THAT SAID BONDS WILL BEAR. ,296 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1903 be 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. Absence of Commissioner Swanson - August 24, 1977 Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the absence of Commissioner Swanson, from the meeting of August 24, I 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 Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, CommissionerVandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. ",/ ' .../ /"",. -,/ /' /"/ ,..' ';0'1/'/ ---;/../ t C;:/~?-?7#/" /' ~ ' . EDMUND P. SEDIVY, Sr., Mayo ATTEST: ~ ,~,~ d,~ /~~ '.,,", r (..0" - t . ,,~?-n~ /. ,.- ERNA V. HARD INC Clerk of the City Commission I I