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HomeMy WebLinkAbout1977-12-14 354 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 - 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 - ------.. --- 3rr.~ .' t;"h) 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. - -- - ~----~ '3~G .. t}J 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. '357 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. ~/ U .J ..' 4t--~" C; E MUND ATTEST: ~ ~ //~ ..-'~',.. ('7' .p~~ '. . -- , ERNA V. HARDING, .. Clerk of the City Commission I I