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HomeMy WebLinkAbout1978-06-21 -488 June 2l, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 21, 1978, at 1:l5 o'clock p.m. Present were Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, June l4, 1978, were approved as submitted. I Authorize absence of Mayor Sedivy - June 2l, 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 Acting Mayor MacNab, those voting No, none. Confirmation of Fireman Carl VanderMolen - Effective June 1, 1978 The Fire Chief reported that Fire Fighter Carl VanderMolen had satisfactorily completed the required one-year probationary period and recommended that he be confirmed as a regular firefighter effective June 1, 1978. The City Manager concurred in the recommendation of the Fire Chief and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the confirmation of Firefighter, Carl VanderMolen be approved effective June l, 1978, and that he be congratulated on com- pleting the one-year probationary period. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Continued hearing - The Three W's, Inc. Conditional Use Permit to operate retail business in the M-l district The hearing on the request of the Three W's, Inc. , for a Conditional Use Permit to allow I the operation of a retail business in the M-1 district, having been continued for a period of one week, was brought before the Commission. Paul Bolton, Planning Director, reviewed the staff report. There is no dedicated 30' right of way across the property at the present time. The Zoning Co~ission recommended ap- proval of the Conditional Use Permit. The City Engineer concurred withfue Attorney for the applicant that no dedicated right- of-way for Oak Street exists on this property. The Attorney for the applicant stated the validity of the fifth condition no longer existed and the other four conditions were agreed to by the applicant, The Acting Mayor declared the continued hearing closed, and the City Manager recommended the request for a Conditional Use Permit be approved with the following conditions: 1. A final plot plan shall be submitted for review and approval delineating the required number of parking spaces and landscaping for the 20 foot re- quired front yard on North Rouse Avenue, of which 75% shall be landscaped with vegetative material. The plot plan shall be approved by the Planning Department before the applicant's use takes occupancy. 2. Signing shall be limited to one flush mounted wall sign. Said sign shall not be flashing or blinking and shall not exceed 60 square feet of sign area and shall not occupy greater than l/3 of the building frontage, which- ever is less. The sign shall not extend above the roof of the building to which said sign is attached. All other non-conforming signs shall be removed. 3. All outdoor storage shall be screened from all public streets by a screen- I ing fence, a minimum of five feet in height. 4. All on-site improvements shall be completed within twelve months after the issuance of a building permit. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the request for the Conditional Use Permit with the above conditions. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting "- No, none. The Manager recommended, and the Commission concurred, that the minutes record the follow- ing statements. Throughout the public hearing on this matter, and duting the discussion of this -- ------~ .489 date, specific and detailed mention was made of three alternates which were studied for Oak Street as proposed from North Seventh to North Rouse. The choice preferred by the State Highway Department is the one which bisects the ConAgra property, utilizing at least a 90' right-of-way between the present mill and large warehouse building near the south of the property. The 3 W's, Inc. have full knowledge of this preferred road through the Con-Agra property. I Decision - Amendments to City'County Planning Area Subdivision (a) Revised Minor Subdivision Plat Review Regulations The decision on the amendment to the Subdivision Regulations as enacted upon by the Montana State Legislature having been deferred for a week was brought before the Commission. The Bozeman City-County Planning Board approved the Revised Minor Subdivision Review Process amendment, and recommended approval thereof by the City Commission. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the revised minor subdivision plat review regulations per the Planning Staff report dated May l7, 1978. The motion was carried unanimously by Commissioners & Act'g Mayor. (b) Revised Mobile Home Development Standards - Landscaping Requirements The decision on the Revised Mobile Home Development and Landscaping regulations amend- ment having been deferred for a week was brought before the Commission. The Bozeman City-County Planning Board approved the amendment and recommended its adopt- ion by the City Commission. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the Revised Mobile Home Development and Landscaping Regulations Amendment to the Subdivision Regulations to state that required landscaping be at the discretion of the Governing Body at the time when a particular project is approved as set forth in full. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting I No, none. (c) Revised Subdivision Review Fees The decision on the revised Subdivision Review Fees Amendment to the Subdivision Regu- lations having been deferred for a week was brought before the Commission. The Bozeman City-County Planning Board approved the amendment and recommended approval thereof by the City Commission. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commis- sion concur in the recommendation of the City Manager and approve the revised Subdivision Review Fees Amendment as follows: 15.5 Fees - Plat Review Fees shall be paid to the City/County Planning Staff for each subdivision plat reviewed according to the following schedule. 15.5-1 Regular Subdivisions l5.5-l (a) - Amount paid upon submission of preliminary plat: Number of lots 1-25 lots - $3.00 per lot plus $75.00 26-50 lots - 2.00 per lot for each lot in excess of 25 plus $125.00 5l-l00 " - 2.00 per lot for each lot in excess of 50 plus $175.00 Over 100 lots - $l.OO per lot for each lot in excess1bf 100 plus $250.00 15.5-1 (b) - Amount paid upon submission of final plat: $1. 00 per lot, $40.00 minimum 15.5-2 Subdivision with minor subdivision approval (includes amended plats with less than six lots). Amount paid upon submission of preliminary plat - $45.00 I The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Acting Mayor, MacNab, those voting No,none. Far West Annexation - Discussion and information; protests A discussion was held on the Far West Annexation. Several property owners were present to discuss the areas in question, and to explain that the opposition came mainly from the Western Drive area. A petition signed by three property owners was also presented. The persons signing the petition requested that the Western Drive area be eliminated from the Far West Annexation. 190 The Commission was advised that the land located west of Western Drive could be serviced by the Main Mall trunk line and it would be possible to run a continuous loop of water main to the above area. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sioner acknowledge receipt of the petition requesting that the Western Drive area be elimin- ated from the request for annexation. The motion was carried by the following Aye and No I vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter and Acting Mayor, MacNab, those voting No, none. There were several property owners present to protest the Far West Annexation. The City Engineer recommended that the boundaries be adjusted to eliminate the Western Drive area and annex the lands to the west of Western Drive. Consideration of Bids - 1978 Sidewalk & Curb Program The Engineering Staff having completed their study of the bids for the reconstruction of miscellaneous sidewalks and curbs and having prepared a final tabulation of the bids sub- mitted, recommended the bid be awarded to Concrete Specialties of Bozeman in the amount of $85,277.70, based upon the bid meeting or exceeding the specifications as contained in the "Call for Bids". It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Concrete Specialties of Bozeman, be awarded the bid for the reconstruction of miscellaneous sidewalks and curbs. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor, MacNab. The Commission set July l2, 1978 as the date for hearing protests to the sidewalk and curb reconstruction. Consideration of Bids - Snowblower for Street Department The Commission was referred to the opening of bids for the purchase of one detachable type snowblower for the Street Department. The bids having been evaluated by the Street I Superintendent, recommended the purchase be awarded to Tractor and Equipment of Billings in the amount of $18,555.00, it being the lowest bid and equaling or exceeding the specifi- cations as contained in the "Call for Bids". It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, tht the purchase of the snowblower be awarded to Tractor and Equipment of Billings. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Acting Mayor, MacNab, those voting No, none. Harrington's - Request to hold ann~al sidewalk sale in front of business at 407 West Main Street A letter received from Harrington's Inc., 407 West Main Street, requesting permission to conduct a three day sidewalk sale in front of their premises on July 24, 25 and 26 was presented. Harrington's have agreed to lease the two parking spaces directly in front of their building from the City, during the period of their sale, in order that pedestrians will have sufficient sidewalk width. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that permission be granted Harrington's to conduct a three day sidewalk sale with the following conditions: that 5' of clear sidewalk be provided at all times for pedestrian use; and that the two parking spaces be roped off to prevent pedestrians from endangering themselves in the street. The motion was carried by the following Aye and No vote, those I voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Acting Mayor, MacNab, those voting No, none. Charles Fisher - Request variance to fire code to erect a wooden sign at 313 West Mendenhall Street A letter received from Charles D. Fisher, Court Reporter, of 313 West Mendenhall Street requesting a variance to the fire code to erect a wooden sign on their property located at 313 West Mendenhall Street, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Com~ mission concur in the recommendation of the Building Inspector, also concurred in by the City - . .!fl1 Manager, and approve the request for a variance to the fire code to erect a wooden sign on the Charles D. Fisher property at 313 West Mendenhall Street. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Acting Mayor, MacNab, those voting No, none. Commissioner Resolution No. 1984 - Provide funds for such revolving fund by making tax levy I and loans as Commission determines necessary for SID No. 581 Paving W. Koch, 15th to 19th Avenue. COMMISSION RESOLUTION NO. 1984 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTHOR- IZING LOANS OR ADVANCE FROM THE REVOLVING ACCOUNT TO THE EXTENT FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMINES NECESSARY. as prepared by the Law Offices of Scribner, Huss & Mulroney for the purpose of creating a Special Improvement Revolving Fund for Special Improvement District No. 581 in the amount of $380,000.00 was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Com- mission Resolution No. 1984 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner Vollmer and Acting Mayor, MacNab, those voting No, none. Commission Resolution No. 1985 - Provide funds for such revolving fund by making tax levy and loans as Commission determines necessary for SID No. 582 Paving 15th, College to Koch COMMISSION RESOLUTION NO. 1985 A RESOLUTION PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNU- ALLY AUTHORIZING LOANS OR ADVANCE FROM THE REVOLVING ACCOUNT TO THE EXTENT FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION I DETERMINES NECESSARY. as prepared by the Law Offices of Scribner, Huss & Mulroney for the purpose of creating a Special Improvement Revolving Fund for Special Improvement District No. 584 in the amount of $l50,000.00 was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that Com- mission Resolution No. 1985 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissiorier Vandeventer, Commissioner Vollmer, Com- missioner Swanson and Acting Mayor, MacNab, those voting No, none. David Wessell - Waiver of Protest of Annexation David Wessel of 544 East Kagy Boulevard appeared before the Commission to request per- mission to extend the use of water and sanitary sewer services to their property located in that area. Mr. Wessel consented to a waiver of protest for annexation in exchange for the extension of the utilities. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion acknowledge receipt of the request and direct it to the proper staff for their study and determination. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Acting Mayor, MacNab, those voting No, none. Adjournment I There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, the the meeting be adjourned , and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner r Swanson and Acting Mayor, MacNab, those voting No, none. ATTEST: ~ ~~ / , ;---;/--7.-...... t -~ ,e:2 ~&k CLERK OF THE CITY CO ISSION~ - --- _.~~~--~. - ~-_._--~--~- -~ --- ~._--- i92 June 28, 1978 Bozeman, Mt. The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 28, 1978, at l:l5 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Commissioner 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 reg- ular meeting held on Wednesday, June 2l, 1978, were approved as corrected. I Authorize Absence of Commissioner MacNab - June 28, 1978 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab, from this meeting, be authorized in compliance with Section 11-3245, R.C.M., 1947. 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. Easement Agreement - Dr. Tom & Nancy Hildner - move utilities and creek channel - Lot l3 of Arrangement of Block 9, Thompson's 4th Addn. An Easement and Right-of-Way Agreement by and between Dr. Tom and Nancy Hildner and the City of Bozeman for the purpose of constructing and installing a 20' utilities and creek chan- nel thereto upon and across Lot 13, of Arrangement of Block 9 of Thompson Addition No. 4, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Ease- ment and Right-of-Way Agreement as recommended by the City Engineer, having been executed by Dr. Tom and Nancy Hildner, be approved and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote, those voting Aye being commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Change Order No. 1 - SID No. 581 - Storm Drainage Improvements on West Koch between 15th and and 19th Avenue I Change Order No. 1 on the SID 58l culvert installations in the Farmer's Canal and Olive and Koch Streets as prepared by Thomas, Dean and Hoskins, Inc. , Bozeman, to become a part of the original contract was presented. The City Engineer advised the Commission that based on the requirements of the Farmer's Canal, the City of Bozeman had to revert to the aluminum box culvert in place of the proposed concrete pipe arch twin structures. The following changes in the plans, specifications and quantities f6rS.I.D.58l are proposed: Description: Substitution of twin concrete culvert pipe arches (31" x 51") with a corru- gated aluminum box culvert with concrete footers at Koch and Olive Street crossings of Farmers Canal. Purpose: To eliminate protests of Farmers Canal Board of Directors concerning maintainance liability. They will not accept twin pipe installation Cost: Net project increase - $3,506.02 It was reluctantly moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the Change Order No. 1 and the Mayor and Clerk of Commission be authorized and directed to sign for the City of Bozeman. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. SID No. 574 - Final acceptance by Thomas, Dean & Hoskins - Watermain Improvements to Bozeman in the vicinity of South Willson and Garfield I The certificate of completion of the watermain improvements to Bozeman in the vicinity of South Willson Avenue and Garfield Street by Mike Boylan Excavating as prepared by Thomas, Dean & Hoskins, Inc., was presented. This project has been complete and generally functional since July of 1977. The City Manager concurred in the recommendation of the Project Engineer and recommended that the project be accepted and approved by the City Commission. This final acceptance does not relieve the contractor of his responsibility for negligence, faulty materials or,.....wor kman- ship within the standard time period provided for by law. The contractor previously furnished a cash performance and materials bond in the amount of $25,000. -------_.~>-. -"-