HomeMy WebLinkAbout1977-12-14
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Bozeman, Montana
December 14, 1977
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, December 14, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab,
Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Att-
orney Berg and the Clerk.
Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular
meeting held on December 7, 1977, were approved as submitted. I
Decision Re proposed improvement of Kagy Boulevard and North Nineteenth Avenue
Having held previous public hearings on the proposed improvements for Kagy Boulevard and North
Nineteenth Avenue, Mayor Sedivy introduced the subject, stating that any new aspects could be brought
up at this time.
The City Manager felt some of the costs of the paving project, especially that portion having to
do with Curbs and Gutters would be passed to the property owners. He further pointed out that every- -
one else living within the city had to pay for the special improvements on their streets. He did not
feel that the people on North Nineteenth Avenue and Kagy lliulevard should be an exception
There was a great deal of concern expressed from property owners present regarding the proposed
development on North Nineteenth Avenue from Kagy Boulevard to Durston Road and Kagy Boulevard.
The City Manager read definitions from two different dictionaries of the word "Boulevard",
suggesting that a boulevard is the exact format suggested for this construction.
The City Manager read portions of a memorandum addressed to the City Commission, recommending
the following paragraphs be made a part of the minutes.
1. It is equitable for those owning land abutting Kagy (or Nineteenth)to escape an assessment
for the improvement of their property through the paving of these streets. However, the character
of the roadway is somewhat different, suggesting a different formula for assessment, but with a
similar impact. I would suggest a front mot cost for this segment, or assigning the cost of one
component, Le. curbs and gutters against abutting properties. The estimated cost of curb and
gutter work.
2. The best solution for both these roadways--and the future extension of Kagy and Nineteenth,
as well as Highland and possibly even Oak--is the format originally conceived, and initially and
partially installed on Kagy between Third and Eleventh: a raised grassed, landscaped median, I
separating two 25-foot, curbed roadways, all flanked by a sidewalk on one side, and a wide bike-
jogging path on the other. This will not only handle any future traffic safely--for motorists and
pedestrians/cyclists alike--but will complement the areas through which they pass. They will
reinastate, on a grand scale, the oft-mentioned, widely lamented loss of the vista of a tree
lined avenue once presented to residents and visitors on NOrth Seventh Avenue.
Following a lengthy discussion, and in concurrence with the recommendation of the City Manager,
it was moved by Commissioner Vollmer, seconded by Commissioner MacNab, that the city construct two
24' traffic lanes with a 17' grass median, a 5' walkway on the north side of the traffic lane and
an 8' bikeway on the south side of the traffic lanes on North 19th Avenue from Main Street to Durston.
Those voting Aye on the motion were Commissioner Vollmer and Mayor Sedivy; those voting No, being
Commissioner MacNab, Commissioner Swanson and Commissioner Vandeventer. The motion was defeated.
It was then moved by Commissioner MacNab, seconded by Commissioner Swanson, that the City
construct a 17' grass median flanked on each side by a l2~ traffic lane, a l2~' parking lane, and
a l2~' pedestrian bikeway. The traffic and parking lanes would be finished with sub-base gravel,
base-course asphalt, and wear-course asphalt. The bikeway would not have the wear-course asphalt-
format. This construction would apply to North Nineteenth from Main to Durston. The motion was
carried by the following voting Aye, Commissioner MacNab, Commissioner Swanson, and Commissioner
Vandeventer; Commissioner Vollmer and Mayor Sedivy voted No.
It was moved by Commissioner MacNab, seconded by Commissioner Swanson, that Kagy Boulevard
be constructed with a 17' grass median flanked by two 12~' driving lanes, and two l2~' pedestrian
bikeways, the latter not covered by the 2~" wear-course on Kagy Boulevard. Those voting Aye being
aid
Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer. Commissioner Vollmer and Mayor
Sedivy voted No. ~. I
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Decision Re Conditional Use Permits
(a) Christian Center Church - Allow the church located at 921 West Mendenhall to continue its
operation as a school (has been in operation for three years)
The decision on the request of the Christian Center Church to allow the church at 921 West
Mendenhall to continue its operation as a private school having been deferred for a period of one
week was again brought before the Commission for a final decision.
Mr. Sheneman was present to advise the Commission he had talked to the dean of the School. He
had also talked with Mrs. Dahl in regard to the excessive noise and additional trash along with the
distruction created by the children and felt he had worked out this problem. The property located
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at 116 North Tenth Avenue would be closed down as of today. There would be a fence build to contain
the playground equipment.
Mrs Dahl was present and stated she was verymuch in favor of a church school if it were run
properly and in the proper location.
Following discussion, the Commission concurred with the recommendation of the City Manager, and
it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission allow
I the church to continue its operation at 921 West Mendenhall with the following conditions.
1. The property located at 116 North Tenth Avenue to be closed down as of December 14, 1977 .
2. A fence would be build to contain the playground equipment.
3. Church to continue operation of the school until June 15, 1979 with the conditions that
the operation be reviewed on June 15, 1978.
4. Ten parking spaces be provided on site as indicated on the staff drawing.
5. That the access be allowed along the southern property line.
6. That no students would be allowed to drive cars to school (the applicant has
indicated a willingness to this condition.)
7 Provide a minimum 66-foot loading zone in front of the building on Mendenhall
to satisfaction of the City Engineer.
8. Signing be limited to what is existing now. (No mobile signs allowed.)
9. The premises will be reviewed b y the zone enforcement officer or his appointed
representative for compliance with the conditions as stated in this staff report
within one year from this date.
10. If the site is not used as a church, but only as a school, then the site plan
could be revised to double or triple the playground area and eliminate some
parking spaces.
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.
(b) Christian Center Church - Allow the church at 421 North Ida to operate private school
(Grades K-l)
The decision on the request of the Christian Church for a conditional use permit to allow the
I church at 425 North Ida Avenue to operate a private school having been deferred for a period of one
weel was again brought before the Commission for a final decision.
The Zoning Commission, having held a public hearing approved the conditional use permit request
with the following conditions.
1. The play area be fenced
2. Provide a fence at the rear property line to prevent car traffic from going
on to Brady Avenue.
3. That access be allowed along the northern property line.
4. Landscape the 24 foot front yard. At least 75% of the landscaping should be
vegetative in nature.
5. Signing be limited to what is existing now. (No mobile signs allowed)
6. The premises will be reviewed by the zone enforcement officer or his appointed
representative for compliance with the conditions as stated in this staff
report within one year from this date, November 22, 1977 .
Following further discussion, and upon the City Manager's recommendation, it was moved by
Commissioner Vollmer, seconded by Commissioner MacNab, that the Commission approve the Conditional
Use permit with the above conditions, and that the application for the conditional use permit be
granted. The Christian Center Church will be allowed to continue its operation until June 15, 1979
The Application for the conditional use permit will be brought back to the Commission for a review
on June 15, 1978. The motion was carried by the following Aye and No vote: those voting Aye being
w Commissioner Vollmer, Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer and Mayor
Sedivy; those voting No, none.
I Award Bids - Construction of the Senior Citizen Social Center
The City Manager advised the Commission that the awarding of the bids on the Senior Citizens
Social center would be continued for a period of another week.
Appearance by American Legion representative regarding Section 8 - development bond issue to finance
proposed low income housing
Mr. Rollie Walker, representative from Gerwin and Company of Denver, appeared before the Comm-
ission in regard to Section 8 - revenue bond issue to finance the proposed low income housing for
the American Legion.
The Mayor thanked Mr. Walker for his presentation and the City Manager stated he would hope to
bring the request to the attention of the City Commission in January for further consideration.
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Commission Resolution No. 1935 - Authorize Signature of Mayor and City Manager - EPA Grants
Commission Resolution No. 1935
RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE WATER POLLUTION CONTROL ACT, (33 U.S.C. 466, et seq.)
as prepared by the City was presented.
The resolution authorizes the Mayor and City Manager permission to execute and file an appli-
cation on behalf of the City of Bozeman, Montana, with the United States Government for a grant to I
aid in the construction of sewage treatment plant improvements, and to furnish such information as
the United States Environmental Protection Agency may reasonably request in connection with such
application.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Mayor and
City Manager be authorized to execute the applications for EPA grants. 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.
Authorization to "Call for Bids" - Two (2) Police vehicles, open bids December 28, 1977 .
The City Manager recommended that specifications be approved for two (2) 1978 4-door sedans
for the Police department and the Clerk of the Commission be authorized and directed to publish a
"Call for Bids".
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the specifications
be approved and the Clerk be authorized and directed to publish a "Call for Bids", to be received
on December 28, 1977 . 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 to Conduct Parade - Nick Nixon and Bozeman Chamber of Commerce - Sattirday, Dec. 17, 1977
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission
grant permission to the Chamber of Commerce to conduct a Christmas Parade on Saturday, December 14,
1977 . 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 I
voting No, none.
Application for Raffle License - Gallatin Chapter Montana Mountain Mushers - January 15, 1978
The City Manager presented an application from the Gallatin Chapter Montana Mountain Mushers,
along with the ~equired fee, for the purpose of holding a raffle on January 15, 1978.
It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission
approve the application for the raffle license for the Gallatin Chapter Montana Mountain Mushers.
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.
Reports - Building Inspector for November Police Department for November
The following reports were presented:
Building Inspector for November
Police Department for November
The City Manager commented on the reports and recommended they be accepted and and ordered filed.
It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the reports be
accepted and ordered filed. 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.
Meeting Recessed at 3:45 p.m.
It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the meeting be
recessed until 7:30 o'clock p.m. at which time it will be reconvened. The motion was carried by I
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.
Meeting Reconvened at 7:30 p.m.
Public Hearing - Unobligated Community Development Block Grant Funds
This was the date set for the public hearing for the disposition of the city's unobligated
Community Development Block Grant funds.
The City Manager summarized the projects that had been submitted to date.
The Mayor and the City Manager summarized the public hearing process, which requested suggestions
from the Northeast area residents for the use of unobligated Community Development Block Grant funds.
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The hearing was opened and suggestions were heard from at least five residents of the area
as to disposition of the funds. These included the repair of leak in the Lyman Creek Water Trans-
mission Main; acquisition of land for open space in the vicinity of Griffin Drive/North Sourdough
Creek/West Burlington Northern Railway, consisting of approximately forty-five acres; elimination
of softball field lights and addition of these funds to Senior Rehabilitation Grants; dust control
on Peach between Rouse, Wallace and Tamarack; Senior Center Construction; and Legion Plaza.
I The hearing was closed after forty-five minutes of discussion, and the Mayor indicated the
suggestions would be taken under advisement.
Adjournment:
There being no further business to come before the Commission at this time, it was moved by
Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned, and 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. ~/
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ATTEST: ~
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ERNA V. HARDING, ..
Clerk of the City Commission
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