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HomeMy WebLinkAbout1978-03-15 --~e5 March 15, 1978 Bozeman, Montana MINUTES OF THE MEETING OF THE CITY COMMISSION March 15, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, March 15, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner I Vollmer, Commission Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 8, 1978, were approved as submitted. Zone Code Amendment - Continued public hearing, Mobile Home District Montana Development Corporation Having continued the hearing on the zone code amendment of Montana Development Corporation for a period of one week, it was again presented. Mr. Mayfield was present to further discuss the zone code amendment for this area. A mobile home district would offer lots for sale, on which mobile homes could be placed. At present the zoning code does not designate such a district. The Planning Board and the Zoning Commission generally felt that the proposed ordinance submitted by Mr. Mayfield would be acceptable with the addition of landscaping and aesthetic re- quirements and the addition of a clause pertaining to building permits. A landscape buffer is required between any mobile hom subdivision and any adjacent land. The buffer shall consist of a greenbelt of not less than twenty feet in width along the perimeter of the subdivision, which cannot be less than ten acres in area. The Zoning commission having reviewed the request, voted unanimously to approve the appli- cant's proposal for creation of a mobile home district subject to agreeable clauses pertaining to landscaping, aesthetics and permit requirements. I The Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request of Montana Development Corpor- ation to amend the zone code and direct the City Attorney to draw up an Ordinance to provide for mobile homesubdivision development and mobile home parks in appropriate districts. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; voting No, none. Public Hearing - Zone Change (a) Peter J. Townes & Others - From R-4 to B-2 corner of Tracy and Villard (to be tabled) This was the time and place set for a public hearing to consider the request of Peter J. Townes, M.D. and William J. Peters, M.D. for a zone change from R-4 Residential-Medium Density Apartments to B-3 Central Business District. The property consists of a one-half acre tract of land being Lots 12, 13, 14, 15 and 16, Block D of Beall's Second Addition located at the southeast intersection of Villard Street and Tracy Avenue. The applicants requested the Zoning Commission to table the above item until the March 29th meeting. Therefore, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the public hearing be closed and the request for a zone change be deferred. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy; voting No, none. (b) Grandview Estate - From AS to RS-l South 1/2 Section 29, T2S, R6E. (to be tabled) I This was the time and place set for a public hearing to consider the request of Peter N. McGee of the Grandview Estate for a zone change from AS (Agricultural Suburban) to RS-l (Residential Suburban - County Estates). The site is located just east and south of the Bozeman water tank on Sourdough Road and has approximately 277 acres. The Mayor declared the hearing open. The porposed zone change is in conflict with the Bozeman Area Plan, and the Planning staff recommended that the application be tabled until a recommendation is recieved from the Planning Board. The Mayor declared the hearing closed, and it was moved by Commissioner Vandeventer, sec- onded by Commissioner Vollmer, that request for a zone change be tabled. The motion was carried - -- -- .-.- -- -- -- - ~~ --~----- -~-------------- ~- ------- 406 by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; voting No, none. (c) Robert S. Ricci - From R-4 to B-3, 115 South Church Avenue Recommended denial This was the time and place set for a public hearing to consider the request of Robert S. Ricci for a zone change from R-4 Residential Medium-Density Apartments to B-3 Central Business I District a 50' x 150' parcel of land being the south ten feet of Lot 6, all of Lot 7, and north ten feet of Lot 8, Block A of Harpers Addition located at 115 South Church Avenue. Paul Bolton stated the zone change from R-4 to -3 was very small in nature, yet it would tend to encourage an incremental rather than a comprehensive re-evaluation of the area. The viability of the central business district is tied very closely to a high-density of commercial use. He stated the expansion of the B-3 zone into an area presently lacking in commercial uses would dilute this concentration. Scattered commercial uses could undermine the stable nature of the residences of the area. Having reveiwed the request, the Zoning Commission recommended denial of the zone change from R-4 to B-3. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request of Robert S. Ricci for a zone change from R-4 to B-3 be denied. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; voting No, none. Commission Resolution No. 1952 - Northeast Watermain, SID No. 591, Hearing AprilS Commission Resolution No. 1952, declaring the intention to create Special Improvement Dis- trict No. 591 for the purpose of construction and installation of trunk water mains, Northeast, Nelson and McChesney Annexation as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 1952 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 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. 591 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION 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 APPURTENANCES ON BOND STREET AND GOLD AVENUE EXTENDED FROM THE 18" LYMAN CREEK SUPPLY LINE TO NORTH ROUSE, ON NORTH ROUSE TO GRIFFIN DRIVE, ON GRIFFIN DRIVE TO WEST OF NORTH 7TH AVE- NUE, ON BRIDGER DRIVE FROM GRIFFIN DRIVE TO THE CITY LIMITS. THE CONSTRUCT- ION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, FIRE HYDRANTS, VALVES, FITTINGS, PRESSURE REDUCING STATION AND OTHER NECECCARY APPURTENANCES. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1952 be passed and adopted and April 12, 1978, be the date set for public hearing. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commis- sioner Vandeventer, Commissioner Vollmer and Mayor Sedivy; voting No, none. Discussion of Waiver of Protest - Maxey Ltd. - South 1/2 Blk 8 Stevens Subdivision - connect with existing water & sewer An Annexation Agreement by and between the City of Bozeman and Maxey, Ltd., for permission to connect the south 1/2 of Block 8, Stevens Subdivision with the existing sewer lines of the City of Bozeman at a point to which said lines have been presently extended, at no cost to the I City of Bozeman, was presented. Mrs. Campbell was present and ag!eed to pay all fees and costs required by the City of Bozeman in connection therewith, and further agreed, upon request by the City of Bozeman, to consent to the annexation of the tract of land as described above. Following discussion, the Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Utility Agreement, having been executed by Margaret Campbell on behalf of Maxey, Ltd., be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City of Bozeman. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner ~~~-~_---....-----..-. . . .i07 Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy; voting No, none. It was suggested that the City Commission seriously consider a moratorium on areas where there is a traffic safety problem. Request for Annexation - Burrup & Neibauer I A petition requesting the City of Bozeman to annex a strip of land lying between the front- age road and I-90, just east of Bozeman, was presented. Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the petition, and authorize the Planning staff and the City Engineering staff to make a feasibility study of the property to be annexed. The motion was carried by the following Aye and No vote; those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; voting No, none. Commission Resolution No. 1953 - Intent to Annex Travelodge 2.97 Acres Public Hearing April 19, 1978 Commission Resolution No. 1953, declaring the City Commissions intention to extend the boundaries of the said City of Bozeman so as to include approximately 2.97 acres located in the East one-half East one-half of the Northwest one-quarter of the Southeast one-quarter of Section 11, T2S, R5E, MPM along u.s. Highway No. 191, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1953 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUND- ARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIQUOUS TRACTS WITHIN THE CORPORATE LIMITS HEREOF. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1953 be passed and adopted and that the Notice in Re be published two consecutive weeks, and that April 19, be the date set for public hearing. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Mayor Sedivy; voting No, none. Commission Resolution No. 1954 - Intent to Annex Main Mall 39.46 acres Public Hearing April 19, 1978 - Main Mall Commission Resolution No. 1954, declaring the City Commissions intention to extend the boundaries of the said City of Bozeman so as to include approximately 39.46 acres beginning at the center 1/16 of the Southwest Quarter of Section 11, Township 2 South, R5E, MPM and located on U.s. 191, as prepared by the Ctiy Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1954 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIG- UOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Commission Resolution No. 1954 be passed and adopted and that the Notice in Re be published two consecutive I weeks, md that April 19, be the date set for public hearing. The motion was carried by the follow- ing Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Com- missioner Swanson and Mayor Sedivy; voting No, none. Commission Resolution No. 1955 - Intent to Annex .90 acre tract of Land Public Hearing April 19, 1978 - Steiner Commission Resolution No. 1955, declaring the City Commissions intention to extend the boundaries of the said City of Bozeman so as to include approximately a .90 acre tract of land belonging to Mr. Steiner, and located on U.S. 191, as prepared by the City Attorney was present- ed, entitled: --..._..._~............- --- -_.~----~--- --~ -- -""""""-------~------ 408 COMMISSION RESOLUTION NO. 1955 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE IN- HABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIG- UOUS TO THE SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DE- SCRIBED TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS I THEREOF. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1955 be passed and adopted, and that the Notice in Re be published two consec- utive weeks, ffid that April 19, 1978 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 and Mayor Sedivy; voting No, none. Commission Resolution No. 1956 - Intent to Create Schaefer-Jursnick Annexation 3.30 acres Public Hearing April 19 Commission Resolution No. 1956, declaring the City Commissions intention to extend the boundaries of the said City of Bozeman as to include a 3.30 acre tract of land located in the Southeast one-quarter of Section 36, TIS, R5E, MPM and located in the Gordon Mandeville State School Section Subdivision, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 1956 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1956 be passed and adopted, and that the Notice in Re be published two consecutive I weeks, and that April 19, 1978 be the date set for public hearing. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy; voting No, none. Proposed water rates - Continued discussion The proposed water rates were presented for continued discussion. The City Manager advised the Commission that in the absence of Commissioner MacNab, it would be better to delay the final vote on the proposed water rates for another week. American Legion 50 Unit Apartment Complex - Tax Exempt Housing Revenue Funds Consideration of the endorsement of the Bond issue for Section 8- Low Income Housing was brought back to the Commission for discussion. The City Manager advised the Commission that they could not endorse the bond issue without the creation of a local housing authority. The City Manager further suggested that it might be well to consider one other facet that was discussed when Ottis Hill appeared before the Commission. It might be more advisable that the Gallatin County create a local housing auth- ority of which the City could become a member. The City Commission concurred in the recommendation of the City Manager that he be allowed to investigate whether to create a local housing authority or join a Gallatin County housing authority. Review priorities - Unobligated Community Development Block Grant Funds I Sewer Replacement North Rouse, $67,000.00 On January 18, 1978, the Commission approved $67,000.00 for the sewer reconstruction project on North Rouse Avenue. The City has been informed that the Department of Housing and Urban Development will not approve spending of any Community Development Block G~ant funds for the sewer reconstruction project on North Rouse Avenue. An Environmental Review Record would have to be approved before any Community Development Block Grant projects are started. The City Commission must reallocate the $67,000 to another project(s). However, when con- sidering how these funds should be spent, the Commission must keep in mind an important guide- ..109 line in HUD's regulations: The new activities shall be rated in accordnace withthe criteria for selection of the original application. Any project not in the original application or previously approved by the Commission as an amendment will require two public hearing before the City Commission can reallocate these funds. This action will delay HUD approval at least sixty days. I Planning Director, Paul Bolton recommended the following allocation: l. $60,000.00 for housing rehabilitation - low interest loans 2. $ 7,000.00 for administrative expenses in connection with housing rehabilitation Following discussion, the Commission concurred in the recommendation of the Planning Direc- tor, also concurred in by the City Manager, and it was moved by Commissioner Vandeventer, second- ed by Commissioner Vollmer, that the Commission approve the above projects. The motion was car- ried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commis- sioner Vollmer, Commissioner Swanson and Mayor Sedivy; voting No, none. Request to approve Plans and Specifications & authorize "Call for Bids" Kagy Blvd. sanitary sewer and water main improvements The City Manager recommended that the plans and specifications for the construction and installation of Kagy Boulevard Sanitary Sewer, as prepared by Thomas, Dean & Hoskins, Inc., be approved. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the plans and specificatons be approved as presented, and that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construct- ion of Kagy Boulevard with an opening date of April 12, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. I Request for authorization to "Call for Bids" - City Equipment Street Dept - Two 4-wheel drive vehicles Bldg. Insp. - One 4-door sedan Automobile City Engineer-One 3/4 ton van type vehicle The Street Department has need for two 4-wheel vehicles, the Building Inspector has need for one 4-door sedan and the Ctiy Engineer has need for one 3/4 ton van type vehicle. The City Manager requested authorization to Call for Bids for the four units which are budgeted for 1978. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the purchase be authorized as requested, and the Clerk of the City Commission be directed to issue a "Call for Bids" for the four units to be opened on April 12, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy; voting No, none. E.P.A. Consent Decree - Between U.S. and City of Bozeman An Agreement by and between the United States of American and the City of Bozeman for the construction of municipal wasterwater treatment facilities, and being desirous of reducing ef- fluent discharges in accordance with applicable law, agree to the proposed Consent Decree and Stipulation of Facts for settlement purposes only and without admission with respect to breach of duty or violation of law or occurrence of any act or omission which might constitute such a breach or violation was presented. I The City Attorney advised the Commission he had reviewed the proposed Decree and made suggested changes. He stated the changes relate to a rewriting of Paragraph 8 by the deletion of all specified penalties and the substitution therefor of a provision allowing either party, upon the default of the other, to request a hearing by the Court to determine both the cause of a failure to comply with the schedule and the amount of the fine to be assessed therefor. Further, he included weather as an additional reason for non-compliance in Paragraph 12 of the Agreement. In Paragraph 11, he included both the Plaintiff and Defendent in regard to non-pen- alt ies for the period July 1, 1977 , to the entry of the Decree. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission endorse the City Attorney's letter with the above suggested changes. The motion was carried by the following Aye and No vote; those voting Aye being Com- 410 missioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Raffle Application - VFW Auxiliary - May 4, 1978 The City Manager presented an application from the VFW Auxiliary, along with the required fee, for the purpose of holding a raffle on May 4, 1978. I It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Com- mission approve the application for the raffle license for the VFW Auxiliary. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Director of Public Service for December 1977 Library report for February The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by CommissionerVollmer, seconded by Commissioner Swanson, that the reports be accepted and ordered filed, and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; 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, commissioner Vandeventer and Mayor Sedivy; those voting No, none. I ~ ~/ / ATTEST: CITY COMMISSION I