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Home My WebLink About1978-03-22 ; .'il1 March 22, 1978 Bozeman, Montana MINUTES OF THE MEETING OF THE CITY COMMISSION March 22, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, March 22, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner I MacNab, Commissionr Vollmer, Commissioner Swanson, Commissionr 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 15, 1978, were approved as submitted. Open Bids - (a) 10,000 G.V.W. Truck with platform body hoist - Water Dept. (b) Two - 1978 DP Trucks for Street Dept. This was the time and place set for opeing bids for the purchase of one 10,000 G.V.W. Truck with platform body with hoist for the Water Department and two 1978 dump trucks for the Street Department. The affidavit for the "Call for Bids" was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be opened and read, 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. (a) The following bids were read for the purchase of the 10,000 G.V.W. Truck for the Water De- partment: Bozeman Ford, 1800 West Main $7,543.75 Alternate 7,003.20 Robert F. Dye, 1919 West Main $7,534.03 Alternate 7,026.28 I M & W - GMC, 3 Forks $6,988.76 Alternate 7,321.51 Don Norem - 1736 West Main $7,228.56 North Pine Auto - No. 7th Ave. $6,976.00 Rolfe & Wood - 25 No. Willson 7,522.00 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the City staff for tabulation, evaluation, and a recommendation to be made to the Commission on Wednesday, March 29, 1978. 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. (b) The following bids were opened and read for the purchase of the two - 1978 dump trucks for the Street Department. Bozeman Ford, 1800 West Main $26,255.18 Less Trade in 2,200.00 $24,055.18 Alternate $26,189.18 Less Trade in 2,200.00 $23,989.18 Robert F. Dye, 1919 W. Main $26,209.48 Less Trade in 2,010.00 $24,199.48 I Alternate $26,275.48 Less Trade in 2,0.0.00 $24,265.48 Kamp Implement - Belgrade $26,016.00 Less Trade in 4,500.00 $21,516.00 Alternate $26,016.00 Plus 717 . 00 Less Trade in 4,500.00 $22,233.00 M & W - GMC, 3 Forks $27,119.36 5,200.00 $21,919.36 - --~ --~ ~~.- -~_----..__. ~----......-_-- ~- ---~- -"""--------- .(12 Alternate $27,053.36 Less Trade in 5,200.00 $21,853.36 Don Norem - 1736 W. Main $25,907.58 Less Trade in 1,700.00 $24,207.58 North Pine Auto - No. 7th Ave. $28,102.00 I Less Trade in 3,000.00 $25,102.00 36 W. Main $34,339.50 Owenhouse Hardware, Less Trade in 8,781.24 $25,558.26 Alternate $34,273.50 Less Trade in 8,781.24 $25,492.26 It was moved by Commissioner Swanson, seconded by Commissioner Vendeventer, that the bids be referred to the City staff for tabulation, evaluation, and a recommendation to be made to the Commission on Wednesday, March 29, 1978. 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. Decision - Re zone change - Dean Burrup from AS to R-l West of Virginia Subdivision between U.s. 10 and I-90 The decision on the request of Dean Burrup for a zone change from AS to R-l having been deferred for a period of six weeks, was brought before the Commission for a final decision. The property is West of the Virginia Subdivision between u.s. 10 and I-90 and contains approx- imately 20 acres of land. The applicant addressed the commission and stated he had .no objections to the recommenda- tion made by the Zoning Commission. The Zoning Commission having reviewed the Planning Staff's report, recommended that the I City Commission grant the zone change request of Dean Burrup for that tract of land lying East of Bozeman changing the zone from AS to R-2 rather than R-l with the condition that the site obtain City sewer and water and be annexed to the City before any lots are created. Following discussion and in concurrence with the recommendation of the Zoning Commission, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the zone change from AS to R-2 rather than R-l as requested by Mr. Burrup subject to the approval of the feasibility study and actual annexation. 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. Public Hearing - Zone Code Amendment - Townhouse Development Standards This was the time and place set for the public hearing to consider a request to amend the zone code to allow Townhouse Development Standards in the R-3, R-4, R-5 and R-O zoning districts. Planning Director, Paul Bolton gave a brief presentation on the purpose and intent of the Townhouse Development Standards. He stated the Planning Staff in conjunction with the Zoning Commission has been reviewing proposed Townhouse Development Standards and has prepared a final draft for approval by the City Commission. The public hearing was opened and several property owners and interested persons were present to discuss the proposed zone code amendment. Morris Jaffe asked if there was eight feet between each unit to be used as playground area. He was informed that the playground would be located in special areas and that the eight feet I between each unit would be landscaped. Mary Kane asked if there were adequate parking spaces provided. Jack Sampson stated that if the townhouses were built properly and landscaped they would beautify the area. The Mayor declared the hearing closed and the City Manager recommended that the decision on the zone code amendment to allow Townhouse Development standard be delayed for a period of one week. Public Hearing - Commission Resolution No. 1951 - SID No. 590 - Paving South Black Avenue from College to Railroad Tracks This was the time and place set in Commission Resolution No. 1951, to hear protests to the ~~~--_._~- -- ----- ________......._--.......OIL. .113 creation of Special Improvement District No. 590. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. A petition signed by property owners or contract buyers prior to the intent to create the district, and representing 58% protesting the proposed district as determined by the City Engineer was presented. I After a great deal of discussion, the Mayor declared the hearing closed. The Commission concurred in the recommendation of the City Attorney not to form Special Improvement District No. 590 because of citizen protest exceeding 50% Public Hearing - 1978 Community Development Block Grant Application Involves citizens Small Cities Program This was the time and place set for a public hearing to consider the 1978 Community Develop- ment Block Grant Small Cities Program. The hearing was to solicit public views and involve cit- izens in the development of this year's Community Development Block Grant Application. Bob Owen, Grant Program Administrator reviewed the types and amounts of grants available and eligible activities on the Small Cities Program. The Mayor declared the hearing opened, and suggestions were heard from at least five res- idents of the area as to dispostion of the funds. These included: 1. Additional housing for the elderly 2. Acquire additional land for Section 8 low income housing 3. Upgrading zoning for Northeast sector as well as housing rehabilitation and street improvements. 4. Legal advocate for low and moderate income families 5. Additional street lighting and opposition to rerouting Bozeman Creek. 6. Community Resource center for youth & alternative education center. 7. Additional monies to complete Senior Center. Following discussion, the Mayor declared the hearing closed and the staff was instructed to review the proposals for the' 1978 Community Development Block Grant Application for the Small I Cities program. Interpretation by Commission - Approval of setback - Hugh Reid proposed Rouse Avenue At a regular meeting of the Commission held on March 8, the Commission voted to approve a conditional use permit for Hugh Reid to allow him to construct a new warehouse building on a property site located north of and adjacent to Ice Pond Road. The question was whether or not the proposed building would be allowed to have loading docks in the front. The petitioner indicated he would be willing to set the building back to within 8' of the rear property line and thereby increasing the front yard setback an additional 22'. The total front yard setback would then be 42'. The City Manager and the Planning Department recommended against allowing trucks to load and unload in the front of the building. Rather, a 20' front setback (no more-no less) should be required, which would provide for loading at the rear of the building. Following considerable discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the motion include and 8' rear yard setback and a 42' setback in front, to allow for loading from the front of the building facing Rouse Avenue. 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. Ordinance No. 1003 - Amend Section 18-45-020 relating to financial institution as permitted use in B-2 - Amend Section 18-72-050 relating to Amusement and Recreation activities as conditional use in M-l Ordinance No. 1003 amending Sections 18.45.020 and 18-72-050 relating to financial institu- I tions as permitted uses in the B-2 Community Highway Business District and Amusement and Recrea- tional Activities as conditional uses in the M-l Commercial-light manufacturing district as prepared by the City Attorney was presented: ORDINANCE NO. 1003 AN ORDINANCE AMENDING SECTIONS 18.45.020 AND 18.72.050 RELATING TO FINANCIAL INSTITUTIONS AS PERMITTED USES IN THE B-2 COMMUNITY HIGH- WAY BUSINESS DISTRICT AND AMUSEMENT AND RECREATIONAL ACTIVITIES AS CONDITIONAL USES IN THE M-l COMMERICAL-LIGHT MANUFACTURING DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. ~---"""_.-"'--~-- i14 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. 1003 be passed and adopted and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- I venter and Mayor Sedivy, those voting No, none. Petition - Request to create SID water, sewer, storm drainage and paving A letter received from Ira M. Bakken petitioning the City of Bozeman to create water, sewer, storm drainage and paving special improvement districts to serve the interior lots on Block 5, Figgins Subdivision, was presented. Creation of this district will be contingent up on the payment of the delinquent S.I.D. IS against Block 5, Figgins Addition. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the request for Special Improvement Districts and instruct the engineering staff to furnish the necessart information to create the districts. 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. "Call for Bids" - One 4-wheel drive front end loader - Street Department Open Bids April 19 The Street Department has need for a 4-wheel drive front end loader and the City Manager requested authorization to Call for Bids for the front end loader which is budgeted for 1977- 1978. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the purchase as requested be author- ized and the Clerk of the Commission be directed to issue a "Call for Bids" for the front end I Loader to be opened on April 19, 1978. the motion was carried by the following Aye and No vote; those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Mayor Sedivy, those voting No, none. Proclamation - Proclaim week of March 27 ;:hru April 2 "Week of the Hawk" Mayor Sedivy proclaimed the week of March 27 to April 2, 1978, as "Week of the Hawk" in the City of Bozeman and encouraged all citizens of this community to recognize the character and acheivements of this outstanding group of individuals by participating in this week of recognition. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer,Commissioner Swanson, Commissioner Vande- venter and Commissioner MacNab and Mayor Sedivy; those voting No, none. Rick Applegate - Implementing Legislative Statutes Rick Applegate, Director of the Center for the Public Interest, Inc., appeared before the Commission to suggest that a Community Wide TAsk Force be formed to work with the Center for the Public Interest on a proposed ordinance of citizens involvement and access to government infor- mation. Mr. Applegate advised the Commission that he would supply them with the material, which he discussed today, in the next week. Mayor Sedivy thanked Mr. Applegate for his presentation. Kennel License Application - Vincent Egbert, 1305 South Willson Avenue (Renewal) I An application received from Vincent Egbert, 1305 South Willson Avenue, requesting a kennel license in accordance with Ordinance No. 857, Section 5.16.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manger stated the license is a renewal and he was not aware of any reason to deny the kennel application. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the appli- cation for renewal of a kennel license be approved and the Director of Finance be instructed to issue a license in accordance therewith. The motion was carried by the following Aye and No 11 r:; . , ., vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Raffle License Applications - (a) Bozeman Babe Ruth League - June I (b) 1978 Special Olympics - May 20 The City Manager presented an application from the Bozeman Babe Ruth League, along with the I required fee, for the purpose of holding a raffle on June I, 1978. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commis- sion approve the application for the raffle license for the Bozeman Babe Ruth League. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissionr Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. The City Manager presented an application from the 1978 Special Olympics, along with the required fee, for the purpose of holding a raffle on May 20, 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license for the 1978 Special Olympics. 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. Ordinance No. 1004 - Establish Mobile Home District Ordinance No. 1004 establishing a Mobile Home District as prepared by the City Attorney was presented, entitled: ORDINANCE NO. 1004 AN ORDINANCE ESTABLISHING A MOBILE HOME DISTRICT DEFINING TERMS PROVIDING PERMITTED USES:PROVIDING FOR MOBILE HOME SUBDIVISION REQUIREMENTS AND I MOBILE HOME DEVELOPMENT REQUIREMENTS: PROVIDING FOR SKIRTING OF MOBILE HOMES AND LANDSCAPING OF MOBILE HOME DEVELOPMENTS: PROVIDING FOR PERMITTED SIGNS AND ESTABLISHING A PROCEDURE FOR MOBILE HOME PERMITS. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Ordinance No. 1004 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. Reports: The following reports were presented: Director of Public Service for January 1978 Police Court for February Police Department - Annual The City Manager commented on the above reports and recommended they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission at this time it was moved I 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. - - AJ'TEST: / -- <::/f'tcv / ERNA V. HARDING, ITY COMMISSION .. ~~~ ._-~_._-