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HomeMy WebLinkAbout1978-04-12 ~24 April 12, 1978 Bozeman, Montana MINUTES OF THE MEETING OF THE CITY COMMISSION April 12, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 12, 1978, at 1:15 o'clock p.m. Present were Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manger Gesko, City I Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, April 5 , 1978, were approved as submitted. Absence of Mayor Sedivy authorized - April 12, 1978 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Mayor Sedivy, from this meeting be authorized in compliance with Section 11-3245, R.C.M., 1947, and that Commissioner MacNab, be appointed President Pro-Tempore during his absence. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Commissioner MacNab, those voting No, none. Open Bids - (a) Two 4-wheel drive vehicles for Street Department (b) One 3/4 ton van type vehicle for Engineering Department (c) One 4-door sedan automobile for Building Inspector This was the time and place set for opening bids for the purchase of two 4-wheel drive vehicles for the Street Department, one 3/4 ton van type vehicle for the Engineering Department, and one 4-door sedan automobile for the Building Inspector. The affidavit for the "Call for Bids" was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the bids be opened and read, and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Commissioner I Vollmer, those voting No, none. (a) The bid of Bozeman A.M.C. Jeep, being the only bid submitted for the purchase of the two 4-wheel drive vehicles, was then opened and read. Bozeman A.M.C. Jeep - Bozeman $12,612.00 Less trade-in 2,586.70 $10,025.30 It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the bid of Bozeman A.M.C. Jeep be referred to the Street Department for tabulation, evaluation and a recommendation to be made to the Commission on Wednesday, April 19, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner McNab, Commissioner Vollmer, and Commissioner Swanson, those voting No, none. (b) The bid of North Pine Auto Sales, being the only bid submitted for the pur- chase of one 3/4 ton van type vehicle, was opened and read: North Pine Auto Sales - Bozeman 1978 Nomad Chevrolet $6,391.00 It was moved by Commissioner Vollmer, seconded by CommissionerSwanson, that the bid of North Pine Auto Sales, be referred to the Engineering staff for tabulation, evaluation and a recommendation to be made to the Commission on Wednesday, April 19, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Commissioner McNab, those voting No, none. (c) The following bids for the purchase of one 4-door sedan was opened and read: I Bozeman A.M.C. Jeep - Bozeman, Concord 4 door $4,425.45 " North Pine Auto Sales Chevrolet Nova 4,713.00 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the above bids be tabulated, evaluated and a recommendation be made to the Commission on Wednesday, April 19. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Commissioner Vollmer, those voting No, none. Commissioner Vandeventer still felt that the bids should go to a local bidder situated in 49~' ';..J ;) Bozeman. He further felt there would be problems on the purchase of vehicles if the city continued receiving bids from out of town dealers. Mr. Gesko stated he did not feel the City should accept bids from a non-franchise bidder. However, he felt the dealers could have handled the situation much more decently if they had notified the City by letter that they wanted some changes made rather than not sending in a I bid. The City Manger advised the Commission that the City staff would study the possibility of a proposed ordinance that would set up a differential between city and out of city bids which would be brought back to the Commission for consideration. Open Construction Bids - Kagy Blvd. - San. Sewer & Water Main Improvements This was the time and place set for the opening of bids for the construction and install- ation of sanitary sewer and watermain improvements on Kagy Boulevard. The affidavit of publi- cation for the "Call for Bids" was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the bids be opened and read. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Commissioner Swanson, those voting No, none. The following bids were then opened and read: W.D. Construction - Bozeman $49,863.00 Whites Intermountain Construction Bozeman 39,298.75 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc., and the City engineer for tabulation and recommendation to be made on Wednesday, April 19, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner I Swanson, Commissioner Vandeventer, Commissioner MacNab, those voting No, none. Public Hearing - Zone Change - Warren Yeley, Yelew Builders - from RS-l to R-4 South of Lincoln Road, east of South 19th Avenue and on Willow Way This was the time and place set for a public hearing to consider the request of Warren Yeley of Yelew Builders to rezone approximately 4.3 acres of land from RS-l (Rural Suburban) to R-4 (Residential Medium Density-Apartments). The site is located south of Lincoln Road, east of South Nineteenth Avenue and on Willow Way. The Applicant intends to develop approximately 36 townhouse units on the proposed site. The Mayor declared the hearing open. The City Manager advised the Commission that he had received a telephone call from the applicant advising him that the request for the zone change had been withdrawn. Dave Penwell, attorney representing the applicant, indicated he was unable to contact the applicant and was not aware that the request for the zone change had been withdrawn. He further stated that inasmuch as the hearing had been advertised for this time, they be allowed to defer the matter until a later date. The City Attorney advised the Commission that if there were any people present that wanted to speak on the request, either for or against, they should be allowed to do so at this time. A number of people in the audience representing property owners adjoining the proposed zone change site spoke in opposition to the proposed zone change. This area was established as a residential area and has been developed as such for twenty years. The property owners in the Alder Court - Willow Way area basically protested the recommended R-3 zoning because I the four-plex development would not make a very good buffer zone. Traffic congestion would be created as a result of the higher density allowed in teh R-3 zone. They felt any develop- ment going in that area should be complimentary to single family resident uses. Other pro- tests included increased litter problems, transportation congestion in the area and its incom- patibility to the existing single family residential area. Mr. Yeley has had the land for less than two years and knew what kind of neighborhood he bought into. A letter received from Howard and Martha Murray, opposing the zone change from RS-l to R-4 was read. A petition signed by approximately 91 persons protesting the zone change from RS-l to R-4 was presented. Following an extensive discussion, it was moved by Commissioner Swanson, seconded by -. ---- i26 Commissioner Vandeventer, that the hearing be continued for a period of one month (May 10). The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, those voting No, none. Conditional Use Permit - Decision on Montana Power Company Development of service center situated at 121 Griffin Drive I The decision on the request of Montana Power Company to undertake the development of a service center to serve the Bozeman area having been deferred for a period of one week, was brought before the Commission for a final decision. In concurrence with the recommendation of the City Mangager, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the request for the conditional use permit with the following conditions: 1. (a) Site drainage ditches shall not cause additional run-off to flow onto adjoining properties (b) The proposed ditch along the eastern property boundary shall be paved. In the northease corner of the property, the ditch shall be directed in a northwest direction onto the applicants property with a flattened gradient spreader area to be provided to allow for stormwater attenuation. (c) Sediment and erosion control structures shall be provided so as to control erosion during construction. It is recommended that the Soil Conservation Service be con- sulted. (d) The unpaved slope along the northern boundary of the site development shall be stabilized using other suitable material within fifteen days of the paving of the site. 2. In order to conform to City Curb Cut Policy, a curb cut application should be made to the City Engineer. Curb cuts for the entire project shall be limited to a total cut of forty feet and shall not exceed the two curb cuts shown. Existing drainage along Griffin Drive shall be protected. A request for special consideration in excess of or at variance with the foregoing shall be subject I to consideration for approval by the City Commission. 3. (a) Tree wells shall be provided for each protected tree. (b) The southeast entrance area shall be planted with low-growing shrubs so as to mitigate the impact of the parking area. (c) An area just westerly of the building and southerly of the proposed chain- ling fence shall be planted with shrubs or hedge so as to prevent unmitigated views through the fence into the storage area. 4. Signage shall be limited to the wall mounted sign indicated on the south elevation drawing plus one additional wooden sign at either entrance. All signs shall be indirectly lit. directional signs shall be limited to no more than three signs. Signage shall be reviewed by the Planning Staff. 5. That a forty-five foot right of way be maintaine~ along the entire Griffin Drive first frontage. 6. All conditioned improvements shall be installed within twelve months of the approval of this permit. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, those voting No, none. Commissionr Vollmer abstained from voting. Conditional Use Permit - Recommendation from Zoning commission re Parco Sign The request of Parco Neon Sign Company to erect a five foot by six foot free standing standing sign adjacent to the existing Northwood Directory sign having been deferred for a I period of one week, was brought before the Commission for a recommendation. The Zoning staff reviewed the request and discussed the matter with the applicant in an attempt to seek a compromise. The Planning Director advised the Commission there was no acceptable compromise. The Planning Director further stated Parco would be limited to the conditions of the original conditional use which limited that building and the uses therein to not more than two flush-mounted building signs. Attorney Kommers appeared before the Commission on behalf of the applicant. He explained that the Committee's recommendation against creating the conditional use permit did not address ~-_._-----_._-~_.~--------_.- -- --~ - - __ ........_n_. 4~ standards set forth in the code and that the conditional use permit should be granted until the City can adopt a formal sign regulation. Commissioner Swanson asked the applicant if they had considered the installation of a directory sign and a flush-mounted sign on the building. The City Attorney questioned placing conditions on uses where we have no developed I standards even though, he added, he had sent the letter to the Planning Staff indicating that signs could be limited under the conditional use process. The attorney for the applicant advised the Commission that if permission were granted to erect the sign as proposed they would be willing to sign an agreement that they would remove the sign immediately when and if a new sign ordinance, as adopted by the Commission, went into effect. He further stated they would be willing to turn the sign around and attach it to the present directory sign so that it would be a part of that directory sign and not off by itself. The attorney stated his client would be most happy to conform with the rules when the rules are finalized and would sign a statement to that effect. The City Manager said the first sign may not be as objectionable as each additional sign. Commissioner Vandeventer advised the Commission that he was thinking in terms of the ap- plicant, that they put the sign up now and remove it when it does not comply. Commissioner Swanson would not go along with that decision as he felt they may have problems getting com- pliance with the new regulations and may have to go to court to have the sign removed. Following an extensive discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Commission approve the request for a conditional use permit to erect the Century 21 Sign based on the third pole being installed to the east of the orig- inal directory sign if approved by Mr. McChesney with the conditions that if the sign does not conform with the new sign ordinance, it be removed. Those voting Aye being Commissioner Vandeventer and Commissioner MacNab. Those voting No being Commissioner Swanson and Commis- sioner Vollmer. The motion failed for lack of a majority. I The City Manager suggested that the Commission allow the use of the directory sign that is already mounted. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission adhere to the conditions of the original conditional use which limited that building and the uses therein to no more than two flush-mounted building signs. It was then moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the motion be amended to read that if the two flush-mounted building signs cannot physically be installed on the building, then the applicant can place the proposed free standing sign on the lot which is occupied by the office. Those voting Aye on the amendment being Commis- sioner Swanson, Commissioner Vollmer and Commissioner MacNab, those voting No, being Commis- sioner Vandeventer. Those voting Aye on the amended motion being Commissioner Swanson, Com- missioner Vollmer and Commissioner MacNab., those voting No, being Commissioner Vandeventer. Commissioner Vollmer was excused from the meeting at 3:00 pm. Continued Hearing - Commission Resolution No. 1952, Northeast watermains SID 591 Having continued the public hearing on Commission Resolution #1952 for a period of one week, it was again presented. Several property owners were present to discuss the special improvement district. Following an extensive discussion, the Acting Mayor declared the hearing closed and it was moved by Commissionr Vandeventer, seconded by Commissioner Swanson, that Commission Resolution No. 1957 creating Special Improvement District No. 591, as prepared by the City I Attorney, be passed and adopted. COMMISSION RESOLUTION NO. 1957 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IM- PROVEMENT DISTRICT NO. 591 OF THE CITY OF BOZEMAN 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 WATER 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 AVENUE, ON BRIDGER DRIVE FROM GRIFFIN DRIVE TO THE CITY LIMITS. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIALS, WATER PIPE, FIRE HYDRANTS, VALVES, FITTINGS, PRESSURE REDUCING STATION AND OTHER NECESSARY APPUR- TENANCES. . ~28 The motion was carried by the following Aye and No vote; those voting Aye being Com- missioner Vandeventer, Commissioner MacNab, and Commissioner Swansont those voting No, none. Parking Commission Appointments - Replace Winifred Lovelace & Robert Evans It was with regret that the Commission accepted the resignation of Winifred Lovelace and Robert Evans. They thanked them for the time they had served on the Parking Commission. The Acting Mayor announced his appointment of the following to replace Winifred Lovelace I and Robert Evans. Louis Spain, Sr. , to June 30, 1978 Harry Newlon to June 30, 1979 It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Commission endorse the Acting Mayorts appointments to the Parking commission. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, and Commissioner Swanson, those voting No, none. Agreement - Change of Easement between H. Thompson & City of Bozeman Lot 3, Block 9 of Thompson's Fourth Addition An Agreement for change of easement by and between Herbert I. Thompson and Marian B. Thompson, Clair Daines, Inc. , and John K. Thorp and Renee C. Thorp and the City of Bozeman was presented. The requested change of easement is from the West side to the East side of Lot 3, Block 9, Thompson's Addition and has been approved by the City Engineer's office. It was moved by Commissioner Swanson, seconded by Cpmmissioner Vandeventer, that the Agreement for Change of Easement be approved, and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, and Com- missioner MacNab, those voting No, none. Agreement - Amendment No. 3 to Engineering Contract between Thomas, Dean & Hoskins and City of I Bozeman, re Secondary Treatment Plant An amended ~ngineering Contract Agreement by and between the City of Bozeman and Thomas, Dean & Hoskins, Inc. , to provide the information requested in an EPA letter dated December 21, +977 , and the Department of Health and Environmental Sciences letter dated December 30, 1977, was presented. Following discussion it was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Commission concur with the recommendation of the City Manager and approve Amendment No. 3 to the Engineering Contract Agreement between the City of Bozeman and Thomas, Dean & Hoskins, Inc. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab and Commissioner Swanson, those voting No, none. Gambling License Application - Cats Paw, 721 North Seventh Avenue The City Manager presented an application from the Cats Paw, 721 North Seventh Avenue along with the required fee of $500.00 for the purpose of operating two card tables at the Cats Paw. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the City Manager and approve the application for the gambling license. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, and Commissioner MacNab, those voting No, none. Report - Building Inspector - Annual I The City Manger commented on the annual report of the Building Inspector and recommended it be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Commission accept the annual report of the Building Inspector. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab and Commissioner Swanson, those voting No, none. .429 Proclamation - VFW Poppy Day, May 27, 1978 Acting Mayor MacNab proclaimed May 27, 1978, as "Buddy Poppy" day in Bozeman in accord- ance with a request from the Veterans of Foreign Wars and urged every citizen of this community to recognize the merits of this cause by contributing generously to its support through the purchase of poppies on this day. I It was moved by Commissioner Swanson, seconded by Commissioner Vandventer, that the Commission concur in the Acting Mayors proclamation, and the motion was carried by the follow- ing Ay and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, and Com- missioner MacNab, those voting No, none. MSU Rodeo Club - Permission to park covered wagon on Main Street in front of Country West for the purpose of selling Rodeo tickets The MSU Rodeo Club requested permission to park a covered wagon in front of Country West on Main Street on April 13-15 for the purpose of selling rodeo tickets. It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the rodeo club be granted permission to park the covered wagon in front of Country West on April 13-15, 1978 and that the parking meter fee be waived for the 2~ days. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab and Commissioner Swanson, those voting No, none. Adjournment There being no further business to come before the Commission at this time it was moved by Commissioner Swanson, 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 Swanson, Commissioner Vandeventer, and Commissioner MacNab, those voting No, none. I - -., ATTEST: "- "P/"~ ERNA V. HARDING, COMMISSION:: I ~-- -~- --~--_.- ~ _.~ ...~