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HomeMy WebLinkAbout1980-06-04 ~ 27 Bozeman, Montana June 4, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, t1uni- cipal Building, June 4, 1980, 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney I Planalp, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, May 28, 1980 were approved as submitted. Open Construction Bids - SID 616 - Pave Koch Street, South 20th to 23rd - SID 617 - Pave Block C - OtiginalTownsite - SID 620 Pave portion of Slack more Place This was the time and place set for opening bids for paving SID No. 616 - Koch Street from South 20th to 23rd Street, SID 617 - Block C -Original Townsite, and SID 620 - a portion of Blackmore Place. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner ~1athre, and Mayor MacNab; those voting No, none. The following bids were then opened and read: SID 616 SID 617 SID 620 Big Sky Paving, Bozeman $76,701. 45 $23,709.80 $14,060.90 Long Construction, Bozeman 75,675.00 26,635.00 12,390.00 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc. for tabulation and a recom- mendation to be made on Wednesday, June 11, 1980. The motion was carried by the following Aye I and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Open Bids - Mini Pumper Fire Fighting Unit This was the time and place set for opening bids for the purchase of one Mini-Pumper Fire Fighting Unit for the Fire Department. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. The following bids were then opened and read: Becker Fire Equipment, Casper, Wyoming - $31,019.00 W. S. Darley, Melrose Park, Illinois - 35,985.00 O'Donnell Fire Service, Billings, Montana - 32,984.00 Superior Fire Apparatus, Helena, Montana - 28,677 . 00 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the bids be referred to Fire Chief and staff for review and a recommendation to be made on Wednesday, June 11, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Public hearing - Conditional Use Permit - Ron Milledge - construct 5,521 square foot building I This was the time and place set for the public hearing to consider the Conditional Use Per- mit requested by Ron Milledge. t The applicant seeks a conditional use permit which, if granted, would allow the construction of a 5,521 square foot warehouse consisting of four sub-units of 1,380 square feet. The sub-unit would be used by a local tradesman/contractor to store vehicles and/or supplies. The warehouse is identified as Phase 2, and Phase 1 consists of concrete batch plant for the manufacturing of precast concrete wall panels. The batch plant consists of a small office, mixing tower and loader, and open storage of sand and gravel. . . .....a.........- ~ - .... --~--~-~-~-_.._..- 28 The Building Inspector felt that it should be a permitted use, it is in essence a building constractor's establishment. Ron Milledge was present to answer any questions that might arise. The City Engineer clarified that the plat was put together by the subdivider's engineer. A 60' flood easement from the subdivider's east property line is supposedly the main drainage of Bozeman Creek. He mentioned that the current flood map that is being proposed to HUD and hopefully can be I adopted in the near future shows that much of this 60-foot easement is not in the 100-year floodplain as defined by the Soil Conservation Service. Therefore, this is a condition of the plat and not relating to natural conditions. The City Engineer felt that the parking lot should be graveled for better storm water drainage. Ron Marcoux of the Fish and Game Department spoke in opposition to the Conditional Use Permit. He said that in reference to the 60-foot flood easement it is important to recognize that this flood way area be preserved from being developed. The Building Inspector mentioned that there is no specific definition in the zoning ordi- nance to what a building contractor's establishment is which is a permitted used in the M-1 zoning district. This allows for wide latitude in defining what is a building contractor's establishment. The Building Inspector mentioned that since the application deals with heavier materials (cement), it has little to bear whether it is a building contractor's establishment or not. In his opinion this is what this use is considered. He feels these interpretations should be left up to the Board of Adjustment. The public hearing was closed and a decision will be forthcoming on Wednesday, June 11, 1980. Public hearing - Conditional Use Permit - Michael Rodrique -construct 7,900 square foot cold storage warehouse This was the time and place set for the public hearing to consider the Conditional Use Permit requested by Michael R. Rodrique. I The applicant seeks a conditional use permit which, if granted, would allow the construc- tion of a 7,900 square foot cold-storage warehouse and an 800 square foot cabinet shop. The site, zoned M-1-T-4 is located on Lot 3, Bomont Center Subdivision. The lot area is 18,796 square feet which includes a 20-foot utility easement along the north property line and a 10- foot utility easement along the west property line. The Planning Director gave a brief summary of the staff report which recommended approval subject to conditions. Michael Rodrique was present to answer any questions that might arise. Mr. Rodrique asked if the one week waiting period could be waived so that he can begin construction. The public hearing was closed. Upon the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff that the one week waiting period be waived. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and ~1ayor MacNab; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Conditional Use Permit as requested by Michael Rodrique be approved subject to the following conditions. 1- The final site plan shall: a. Show the address number of the lot in the title block. b. Show and dimension on the site plan the loading area provided within the warehouse. c. Show and dimension on the site plan and provide scaled elevation detail sketch of either a 3 foot wide walkway if wheelstops are used or a 5 I foot wide walkway if walkway is curb stop for that area between the ware- house and the parking stalls numbered 3, 4 and 5. d. Drainage control and facilities needs to be shown on the site plan. 2. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; one (1) signed copy retained by the applicant. L.' ~~ __~___..-L 29 3. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 4. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required I conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Public hearing - Zone Map Change - Clair Daines - R-2 to R-3, approximately 23,000 square feet Lot 1, Block 6 - Thompson's Fourth Addition This was the time and place set for the public hearing to consider the Zone Map Change requested by Clair Daines. The applicant seeks a change to the City's Official Zoning Map from R-2 to R-3 on approxi- mately 23,000 square feet located in Lot 1, Block 6 of Thompson's Fourth Addition to the City of Bozeman, said land being located on South Willson Avenue adjacent to and north of the Kwik Way Store at the corner of South Willson Avenue and Kagy Boulevard. The Planning Director presented the staff report which recommended denial of this zone change request. Clair Daines approached the Commission and addressed his concerns as to why he seeks this zoning change. He indicated to the Commission that his attempts to market the three lots of single-family building sites had not proved very successful for approximately two years. He reiterated the apparent need of young people and others as well to find affordable single-family housing below $80,000 or 90,000. He indicated that the Townhouse suggestions that he has tried to promote would help satisfy this need and would be compatible to the single-family nature existing on South Willson Avenue. I Several property owners were present to protest the Zone Map Change. Lou;s Barrett of 1721 South Willson questioned the spot zoning concept. A petition signed by adjacent property owners was presented along with several letters of protest which were read by the City Manager. Bill Hunt of 1504 South Willson appeared in regard to the Zone Map Change. He indicated that this Zone Map Change does constitute spot zoning. Following a thorough discussion, the Mayor declared the pUblic hearing closed and a deci- sion will be forthcoming on Wednesday, June 11, 1980. Public hearing - Zone Map Amendment - Jane Jelinski - R-4 to R-3tobe continued This was the time and place set for the public hearing to consider the Zone Map Amendment requested by Jane Jelinski. The applicant seeks a change to the City's Official Zoning Map which, if granted, would reclassify the zoning on approximately forty-two acres from R-4 to R-3. The property is generally described as being bounded by Bozeman Avenue on the east, Peach Street on the north, the alley between Third and Fourth Avenue on the west, and Villard and Beall Streets on the south. The Planning Director gave the background information on the request and recommended that the request for the Zone Map Amendment be continued until a decision is forthcoming from the Zoning Commission. Public hearing - Zone Code Amendment - Southwest Montana Homebuilders Association, Chapter 18.76.050, 18.76.070, 18.76.150, 18.76.180 modification in Townhouse development standards I and curb cuts - to be continued This was the time and place set for the pUblic hearing to consider the Zone Code Amendment requested by the Southwest Montana Homebuilders Association. The applicant seeks several changes to Chapter 18.76 - Townhouse Development Standards and Overlay District. The Planning Director indicated that the applicants have asked that this matter be continued until the next Zoning Commission meeting to allow more time for consideration with the various City Staff. . -" 90 Public hearing - Zone Code Amendment - Chapter 18.09.070, 18.72.120 Planning Staff - to be continued This was the time and place set for the pUblic hearing to consider the Zone Code Amend- ment requested by the Planning Staff. The Planning Staff considered the suggestion of the Staff that various zoning- and plan- ning-related fees be increased. The Board sUbsequently instructed the Staff to prepare revision to the fees, to be brought in for discussion at the next Zoning Commission meeting. I Commission Resolution No. 2196 - set date, maturity date, amount SID 169 - water lateral - Lea Avenue Commission Resolution No. 2196, fixing the date, maturity date, and principal amount of the bonds for SID No. 619, water lateral construction on Lea Avenue, was presented, entitled: COMMISSION RESOLUTION NO. 2196 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 619 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF WATER LATERAL ~1AINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES MORE SPECIFICALLY AS FOL- LOWS: A LATERAL MAIN AND APPURTENANCES ON LEA AVENUE, IN THE CITY OF BOZEMAN. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVATION AND BACK- FILL, BEDDING MATERIALS, WATER PIPE, VALVES, FITTINGS, SERVICE LINES AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2196 be passed and adopted contingent upon the approval of one-hundred per- cent of the required owners on the increase in the amount of money approved for payback to Special Improvement District No. 591. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Appraisal - Foster, Baptist Church, Smiley The City Manager presented a copy of the appraiser's report for the property adjacent I to the Sewage Treatment Plant needed to provide tertiary treatment. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that copies of the appraisal be sent to the three land owners - Foster, Baptist Church, and Smil ey. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Report/recommendation from Audit Committee After an accumulation of combined efforts, the Auditing Committee recommended the firm of Coopers and Lybrand of Denver, Colorado, and Kansas City, Missouri. This proposal was selected using criteria of evaluation as set up by The Council on Municipal Performance as follows: Relevant auditing experience of the firm. Reputation of the firm. Qualifications of personnel to be assigned. Estimated cost. Agreement to meet or exceed performance specifications. Ability to communicate audit plans. The audit will be serviced by highly qualified CPA's from the Denver and Kansas City offices. The proposal estimated an expenditure of 1,500 hours at an average of $25.67 for $38,500. Al- though the evaluation anticipated the $38,500 the firm has indicated that they expect to do the engagement in around 1,250 hours if all goes well. If less than 1,500 hours are used, the fee will be reduced correspondingly. Under no ordinary circumstances will the fee exceed the quoted I $38,500. Coopers and Lybrand's average gross hourly charge of $25.67 per hour was the lowest of the three firms interviewed. The committee expects the firm to lend expertise and direc- tion the the accounting-auditing functions of our City. The Mayor commended the Auditing Commi ttee on the excellent job they did. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the selection of Coopers & Lybrand as recommended by the Auditing Committee. The motion - 81 was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Depository Bonds - December 31, 1979 The securities pledged against deposits in the various banks for December 31, 1979 were I presented. Mayor MacNab directed Commissioner Vollmer and Commissioner Mathre to check the figures submitted by the Financial Department. Proclamation - College National Final Rodeo - June 16-21, 1980 Mayor MacNab proclaimed the Week of June 16-21 as "National COllege Finals Rodeo Week'l in the City of Bozeman, and extended a warm welcome to both the participants and visitors present for the rodeo. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, 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 Mathre, Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, and Mayor MacNab; those voting No, none, Application - Beer & Wine License - Jack Cole1s restaurant The City Manager presented the application and appropriate fee for a beer and wine license for the year 1980 from Jack Cole's restaurant. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the above application for the beer and wine license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Application for Beer License - Gallatin Valley SoftballAssociation~June 14-16, 21-23, 28-30, JJuly 12-14, 19-21, 26-28, August 2-4, 7~9. I The City Manager presented an application from the Gallatin Valley Softball Association for permission to obtain a beer license for June 14-16, 21-23,28-30 July 5-7, 12-14, 19-21, 26-28, and August 2-4, and 7-9, 1980 along with the required fee. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Gallatin Valley Softball Association, having met all requirements, be granted a license to sell beer on the above dates. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Application for Raffle License - National Women's Political Caucus - October 7 - American Legion Post #14 - October 20 The City Manager presented an application from the National Women's Political Caucus, along with the appropriate fee for the purpose of holding a raffle on October 7, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for the raffle license. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. The City Manager presented an application from the American Legion Post No. 14, along with the fee for the purpose of holding a raffle on October 20, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license subject to payment of the additional fee. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, I Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Veterans of Foreign Wars - request fund drive - "Buddy Poppy" sale - June 7 The Veterans of Foreign Wars requested permission to sell "Buddy Poppies" on June 7, 1980, in memory of the foreign wars. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission grant the Veterans of Foreign Wars permission to sell the "Buddy Poppy" on Saturday, June 7, 1980. 32, , . The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Claim - Empire Federal Savings & Loan - CDBG funds - $2,767.68 The City Manager presented the claim of Empire Federal Savings & Loan Association in the amount of $2,767.68, to be paid out of the CDBG funds. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the claim of the Empire Federal Savings & Loan Association, and instruct the Director of Finance to issue a warrant in payment thereof. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Report - Police Court - September, October, November, December, and Annual 1979 The report of the Police Court for the month of September, October, November, and December 1979, and the annual report for 1979 was presented for acknowledgement and filing on WedneSday, June 11,1980. Request for determination of an appropriate zone for glass shop - Frank Pratt A letter received from Frank Pratt, requesting a determination of an appropriate Zone for glass shops was presented. The Building Inspector advised the Commission that Glass Shops as such are not listed in any zone. If left to the Building Inspectors interpretation, glass shops would be grouped together with Building Contractors Establishments listed in the M-1 or M-2 Zone and a permit could not be issued. The Building Inspector further advised the Commission that glass shops do have a reasonable amount of retail sales area and therefore perhaps would be better suited to the B-2 Zone. In addition all the glass shops in Bozeman are located in the B-2 zone. Following discussion, it was moved by Commissioner Mathre, seconded by Commissioner Voll- mer, that the glass shop be a permitted use in the B-2 zone. The motion was carried by the I fOllowing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Bozeman Lions Club - Permission to hang three banners advertising the National College Finals Rodeo for two weeks - June 9-23, 1980 A letter received from the Bozeman - Gallatin Empire Lions Club, requesting permission to hang three banners advertising the National College finals Rodeo for two weeks - June 9-23, 1980, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the hanging of the three signs upon payment of the necessary fee with the approval of the Building Department approving the erection of the banners. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Ma thre. Corrmi 55 i oner Vollmer. Commi 55 i oner Stiff. Corrmi 5 s~ r Swanson. and Mayor MacNab; those voting No, none. Therefore the meeting was adjourne aJ 4:10 P'~. i 11. ~r7??~J-... ""'" I DUNCAN S. MACNAB, Mayor ATTEST: t;~~ ? ~~ ERNA V. HARDING, Clerk of the City Commission