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Home My WebLink About1978-02-01 ~~ .~ February 1, 1978 Bozeman, Montana MINUTES OF THE MEETING OF THE CITY COMMISSION February 1, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 1, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, I City Manager Gesko, City Attorney Berg and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, January 25, 1978, were approved as submitted. Commission Resolution No. 1934 - Affirm or Disaffirm Ordinance No. 962 and Commission Resolution No. 1808 - Off-street parking Commission Resolution No. 1934 to determine whether the City Commission will affirm or disaffirm its action in the adoption and passage of Ordinance No. 962 and Commission Resolution No. 1808 having been continued was brought back for action. The City Manager stated all of the Commissioners had contacted both former Commission- ers Taylor and Lehrkind, and exchanged comments and questions regarding the previous vote on the above issuel He stated it has been currently established that Mr. Taylor voting as he did, had no affect on the way the other Commissioners voted. Commissioner MacNab asked that if the Commission affirmed the ordinance now would the question of assessing of each piece of property come in at a later date. The City Attorney said that when the assessment formula is prepared, the Commission can then make any changes. David Penwell, an attorney representing Theatre Owners, Inc., was present in regard to the existing formula and its affect on Theatre-Owners, Inc. He was advised by the City Attorney that the portion of the formula to which he objected relates to the parking re- quirements of the zoning ordinance rather than the formula itself. Upon recommendation by the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission affirm Ordinance No. 962 establishing a I formula for the method of assessment of property in Special Improvement District No. 565. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, being Commissioner MacNab and Commissioner Swanson. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission reaffirm their action on Commission Resolution No. 1808 creating special improve- ment district No. 565. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Com- missioner Swanson and Mayor Sedivy; those voting No, none. Public Hearing - Zone Change - Dean Burrup - AS to R-l West of Virginia Subdivision between U.S. 10 & 190 This was the time and place set for a public hearing to consider the request of Dean Burrup to reclassify approximately 20 acres of land from AS (Agricultural-Suburban) to R-l Residential-Single Family-Low Density). The property is located west of the Virginia Sub- division, between U.S. 10 and 190. No one was present to discuss the reclassification of the area. The Mayor declared the hearing closed and the City Manager stated that no one was ready to express an opinion or ba give a consensus until the other boards meet. Public Hearing - Zone Code Amendment - Montana Development Corp. Establish This was the time and place set for a public hearing to consider the request of Montana I Development Corporation to amend the zone code to allow for a specific district in which mobile homes can be placed, either in a mobile home park or subdivision. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the public hearing to consider the request of Montana Development Corporation be continued until March 1, 1978 until a recommendation is received from the Zoning Commission. 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. 381) ,. .~ Survey results from Pedestrian-Traffic Safety Committee - Revision Obstruction at downtown intersections The Pedestrain/Traffic Safety Committee having surveyed the downtown area identified twenty-three locations which caused vision obstruction at various intersections. The City Manager recommended removal of the twenty-three parking meters on these haz- I ardous corners. He further requested that there be "no parking at any time" signs placed where parking meters were removed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the twenty- three parking meters be removed and "no parking at any time" signes be installed in their place. 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. Pedestrian-Traffic Safety Committee - Block 4th Ave. between Babcock & Olive Streets from 3:00 to 4:00 pm - permit double row of school buses A proposal was presented on behalf of the Pedestrian-Traffic Safety Committee to alle- viate traffic congestion of both students and buses at the Emerson-Willson Schools. The committee recommended that Fourth Avenue between Olive and Babcock Street be blocked off during the hour of 3:00 to 4:00 pm to permit a double row of school buses to load students. Access will be allowed in the west land for people living in that area. Following a discussion, the Commission concurred in the recommendation of the Pedestrian- Traffic Safety Committee, also concurred in by the City Manager. It was moved by Commission- er Vollmer, seconded by Commissioner Swanson, that the school buses be allowed to park from Olive to Babcock Streets on Fourth Avenue from 3:00 to 4:00 pm, exit on Babcock Street to Grand Avenue and to Main Street and disburse from that point in their respective destin- ations. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab I and Mayor Sedivy, those voting No, none. Request from Sound West to drop ping-pong balls over City of Bozeman (business promotion) in the month of February, 1978. A letter received from Sensation Corporation dba Sound West requesting permission to drop ping-pong balls over the City of Bozeman coincedent to and with a business promotion in the month of February, 1978 was presented. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request to drop ping-pong balls over the City of Bozeman be denied. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Discussion of Annexation Agreement - Maxey Ltd. - So 1/2 Blk 8, Stevens Subdv. The City Manager recommended that the Commission continue action on the request to connect the south 1/2 of Block 8, Stevens Subdivision to existing utilities for a period of another week for additional study. Commission Resolution #1943 - Intent to Create SID 586 - Paving So. Black Commission Resolution No. 1943 declaring the intention to createSpecial Improvement District No. 586 for paving and storm drain construction on South Black Avenue from College to Garfield, College from Black to Tracy, Harrison From Black to Tracy, and the Cul-De-Sacs I adjoining Black as prepared by the City Attorney was presented, Entitled: COMMISSION RESOLUTION NO. 1943 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 586 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER, STORM DRAINS AND NECESSARY APPURTENANCES THERETO ON SOUTH BLACK FROM COLLEGE TO GARFIELD, COLLEGE FROM BLACK TO TRACY, HARRISON FROM BLACK TO TRACY, AND THE CUL-DE-SACS ADJOINING BLACK IN THE CITY OF BOZEMAN. -- ~~-- ~~~ - ---- -"---- 3:84 The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 1943 be passed and adopted and February 22, be the date set for public hearing. 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. I Commission Resolution No. 1944 - Intent to Create SID 587 - San. Sewer laterals Bomont Subdv. Hearing Feb. 22 Commission Resolution No. 1944 declaring the intention to create Special Improvement District No. 587 for the construction of sanitary sewer laterals in the Bomont Subdivision as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1944 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN ,'MONTANA, DEGl.;A:RING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DI~TRICT TO BE KNOWN AS SPECIAL IMPRQVEMEN'rDISTRICT NO. 587 FOR THE PURPOSE OF CONSTRUCTl;ON AND INSTALL- ATION OF SANITARY SEWER LATERAL MA1NS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWSl:Al\t::-_EIGHT~(8) INCH LATERAL MAIN AND APPURTl!:NA~g:g~"ON BRYANT STREET, BOND STREET-<_AND GOLD ~VEN1JE~; - ANrr-EASEMENTSNORTH OF SAME IN THEGIT'{,QLBOZEMAN. THE CONSTRUCTION-AND INSTALLATION TO INGLUDE_-_ALL ~RENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, SEWER PIPE, MANHOLES, WYES, LAMPHOLES, SERVICE LI~ES AND OTHER NECESSARY ltPJPURTENANCES. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 1944 be passed and adopted and February 22, 1978 be the date set for public hearing. 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. Commission Resolution No. 1945 - Intent to Create SID 588 - Trunk Watermains - Northeast Annexation, McChesney & Nelson Annexation - Hearing Feb. 22 Commission Resolution No. 1945 declaring the intention to create Special Improvement I District No. 588 for watermain construction, Northeast Annexation, McChesney & Nelson Annex- ation as prepared by the City Attorney was presented, entitled: COM}IISSION RESOLUTION NO. 1945 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 588 FOR THE PURPOSE OF CONSTRUCTION AND IN- STALLATION OF TRUNK WATER MAINS AND APPURTENANCES THROUGH A PORTION OF THE CITY OF BOZEMAN, MORE SPECIFICALLY AS FOLLOWS: A TWELVE (12) INCH TRUNK MAIN AND APPURTENCES ON BOND STREET AND GOLD AVENUE EX- TENDED FROM THE 18" LYMAN CREEK SUPPLY LINE TO NORTH ROUSE, ON NORTH ROUSE TO GRIFFIN DRIVE, ON GRIFFIN DRIVE TO WEST OF NORTH 7TH AVENUE, ON BRIDGER DRIVE FROM GRIFFIN DRIVE TO THE CITY LIMITS, A TEN (10) INCH TRUNK MAIN AND APPURTENANCES ON GRIFFIN DRIVE FROM ROUSE TO STORY MILL ROAD. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, FIRE HYDRANTS, VALVES, FITTINGS, AND OTHER NECESSARY APPURTENANCES. The Commiss.ion concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner by Commissioner Swanson, that Commission Resolution No. 1945 be passed and adopted and February 22,be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissloner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy; those voting No, none. Commission Resolution No. 1946 - Intent to Create SID 589 - Watermains - Bomont Subdv. I Hearing February 22 Commission Resolution No. 1946 declaring the intention to create Special Improvement District 589 for the construction of watermains in the Bomont Subdivision; as prepared by the City Attorney was presented,entitled: ~._----~--- ----. 38.5 COMMISSION RESOLUTION NO. 1946 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 589 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL MAINS AND APPURTENANCES TO SERVE THE I ADJOINING PROPERTIES MORE SPECIFICALLY AS FOLLOWS: A LATERAL MAIN AND APPURTENANCES OF BRYANT STREET, BOND STREET, AND GOLD AVENUE IN THE CITY OF BOZEMAN THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SERVICE LINES AND OTEHR NECESSARY APPURTENANCES. The Commission concurred with the recommendation of the City Manger, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1946 be passed and adopted and February 22, 1978 be the date set for the public hearing. 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. Application for Bingo License - Holy Rosary Chruch, February 4, 1978 The City Manager presented an application from the Holy Rosary Church,along with the required fee, for a bingo license. Upon recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the bingo license. 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. Application for Beer License - Kwik-way #33 I The City Manager presented the application of Kwik-way #33 along with the appropriate fee for a beer license for the calendar year 1978. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve the application for the beer license. 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. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, 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 Commis- sioner Vandeventer, Commissioner MacNab , Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. :/ ~-"". " 4 c2:::".-)c> .... (:,~MU~ P'. ~~. " ,I" ATTEST: I / I HE CITY COMMISSION