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HomeMy WebLinkAbout1980-08-13 95 Bozeman, Montana August 13, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 13, 1980, at 1:15 o'clock p.m. Present were Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attor- I ney Planalp, and the Clerk. Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, August 6, 1980, were approved as submitted. Award construction bids - street improvements - South Rouse Avenue The consulting engineers, Thomas, Dean & Hoskins, reviewed the construction bids for the paving improvements on South Rouse Avenue between Babcock and Main Streets. The low bid of Long Construction Company of Billings was correct in extension and addition. Both bids ex- ceeded the engineers estimate. The cost excess deals with labor in a small job. The consulting engineer recommended awarding the bid to Long Construction Company in the amount of $9,450.00 if the City has gas tax funds available. The City Manager was assured that there are sufficient funds to cover the additional $2,300.00 and recommended approval of the bid of Long Construction Company in the amount of $9450.00. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the bid of Long Construction in the amount of $9,450.00 based upon the City having sufficient funds to cover the additional $2,300.00. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those voting No, none. Decision - Conditional Use Permit - Maurice Klabunde - construction of bank west parcel of Lot 1, Block 2 of the Triangle Annexation I The decision on the request of Maurice Klabunde for a Conditional Use Permit, having been delayed for a period of one week, was presented for a decision. The applicant seeks a conditional use permit which, if granted, would allow the construc- tion of a bank with building area of 4,846 square feet. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit with the fOllowing conditions as modified by the Zoning Commission. 1. The final site plan shall be revised per major and minor comment items noted in the STAFF FINDINGS. 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 Depart- ment; and one (1) signed copy retained by the applicant. 3. All on-site improvements (i.e., paving, landscaping, etc.) shall be com- pleted 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 conditions have been satisfied, the permit shall be permanently renewed. I The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. FOllowing additional discussion on the Conditional Use Permit requested by Maurice Klabunde, it was moved by Commissioner Stiff, seconded by Commissioner Swansbn, that the Conditional Use Permit be approved subject to the installation of an appropriate traffic signal, the cost of which shall be shared by the applicant on a prorata basis to be determined by the City at the time of installation. ~ -, 96 The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. Decision - Conditional Use Permit - Motel 6, Inc., - construction of 122 unit motel - McChesney Industrial Park Subdivision The decision on the request of Motel 6, Inc., for a Conditional Use Permit, having been I delayed for a period of one week, was presented for a decision. The applicant seeks a conditional use permit which, if granted, would allow the construc- tion of 122 guest rooms. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Vollmer, that the Commission approve the Conditional Use Permit with the condition that they get the necessary zone change from M-2-T to B-2-T for the southeast corner of the property that will accommodate additional parking, as well as the following conditions: 1. The final site plan shall be revised per major and minor comment items noted in STAFF FINDINGS. 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; and one (1) signed copy retained by the applicant. 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 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 I Stiff, Commissioner Swanson, Commissioner ~1athre, and Commissioner Vollmer; those voting No, none. FOllowing additional discussion on the Conditional Use Permit requested by Motel 6, Inc., it was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Conditional Use Permit be approved subject to the installation of an appropriate traffic signal, The cost of which shall be shared by the applicant on a prorata basis to be determined by the City at the time of installation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. Big Brothers & Sisters - re summer recreation program - Service award to presiding officer - Capt. Veltkamp A letter received from Jonas H. Rosenthal of the Big Brothers and Sisters requested per- mission to address the Commissioners about the summer recreation program was presented. Jonas Rosenthal was present to thank the City Recreation Department for their cooperation in connection with Herby's program. Mr. Rosenthal presented Harold Veltkamp with an award on behalf of the Big Brothers and Sisters. Mr. Rosenthal thanked Mr. Veltkamp for serving on the Board of Directors of the Big Brothers and Sisters since 1975. The Commission thanked Mr. Rosenthal for the commendations extended to the City staff and the recognition given to Captain Veltkamp. I Conditional Use Permit - World Family School The City Manager advised the Commission that a neighborhood meeting was held on Monday evening, open to all residents in the Vicinity of the proposed World Family School. The meeting was held in an attempt to air the objections of the neighborhood and resolve them if at all possible. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the renewal of the permit for the existing school on Story Street 97 for a period of one year subject to prior compliance with the fire codes & subject further to removal of the low earth mound built up within the right-of-way, and removal of the posts and evergreens planted there as well. The area from where the low earth mound is removed is to be replaced with gravel. All of the conditions are to be compliedwlthprior to the resumption of school. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner I Vollmer; those voting No, none. Proposed Pool Fees The Commission encouraged The Blue Ribbon Committee to plan for promotion and publicity prior to approving the pool fees and recommended that decision on the proposed pool fees be continued for a period of one week. Proposed affirmative Action Plan The proposed affirmative action plan is to be delayed for a period of one week. Right-of-Way Easement - Sewer Trunk - Thomas & Robert Lane An Easement and Right of Way Agreement by and between Thomas & Robert Lane and the City of Bozeman for the purpose of constructing a sewer trunk and necessary appurtenances to serve various properties located within the Valley Unit Subdivision portion of the City of Bozeman, was presented. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Commission approve the Easement and Right-of-Way Agreement for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sewer trunk and appurtenances thereto. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. Right-of-Way Easement - Sewer Trunk - William H. & Betty A. Sippel I An Easement and Right-of-Way Agreement by and between William H. and Betty A. Sippel and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing a sewer trunk located with the Valley Unit Subdivision, was pre- sented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Easement and Right-of-Way Agreement as presented, and that a consideration of $50.00 be paid to William H. & Betty A. Sippel by the City of Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. Right-of-Way Easement - Water Service Line - LeRoy Spain and Robert L. Tichenor & The City of Bozeman An Easement and Right-of-Way Agreement by and between LeRoy Spain and Robert L. Tichenor and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing water service lines and necessary appurtenances to serve various properties located within Lot 1 of Block 6, Corcoran's Rearrangement of Westside Addition, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Easement and Right-of-Way agreement as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those voting No, none. I Request from Downtown Merchants - second annual fun fest for benefit of non-profit groups - Saturday, August 16, 1980 A request from the Downtown Merchants to hold their second annual fun fest downtown on Saturday, August 16, 1980, was presented. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Commission approve the request for the Downtown Fun Fest. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner ~1athre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. ---- 98 Restvedt's - request to have annual outdoor barbeque - August 23, 1980 - 229 E. Main A letter received from Steve Killorn of Restvedt's Market requesting permission to hold an outdoor barbeque in front of his business at 229 East Main Street on Saturday, August 23, 1980, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Mr. Killorn be granted permission to hold the outdoor barbeque with the stipulation that I there is nothing on the sidewalk to restrict pedestrian traffic. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. Gozeman Army-Navy Store - request to hold sidewalk sale August 23, 1980 - 232 E. Main A letter received from Bill Scheid of the Bozeman Army-Navy Store, requesting per- mission to hold a back-to-school sidewalk sale in connection with Restvedt's Market in front of the Bozeman Army-Navy Store on 232 East Main Street on Saturday, August 23, 1980, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Bozeman Army-Navy Store be granted permission to hold the sidewalk sale with the stipulation that there is nothing on the sidewalk to restrict pedestrian traffic. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those voting No, none. Application for Raffle License - Bozeman #21 Order of Rainbows - Dec. 8 The City Manager presented an application from Bozeman No. 21 Order of Rainbows along with the appropriate fee for the purpose of holding a raffle on December 8, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, 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 Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. I Application for Beer License - Gallatin Valley Softball Assn. - August 16-17 The City Manager presented an application from the Gallatin Valley Softball Association for permission to obtain a beer license for August 16-17, 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 Com- mi'ssioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. Nick Nixon of United Way - film for United Way Nick Nixon of United Way appeared before the Commission to show a fifteen minute film in connection with United Way. Mr. Nixon answered questions in regard to the United Way. United Way - request permission to place banner across Main Street 9-8-80 Nick Nixon, chairman of the United Way requested permission to place a banner across Main Street for a two week period beginning September 8, 1980. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that Nick Nixon of United Way be granted permission to place the banner across Main Street for a period of two weeks. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. I Change Commission meeting - from Wednesday September 10 to Tuesday September 9 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that since the Montana League of Cities and Towns convention is scheduled for September 10, 11, 12, and 13, 1980, the Commission Meeting be changed from Wednesday, September 10, to Tuesday, September 9, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. 99 Consideration and preparation of tentative appropriation Ordinance (Budget for fiscal year- 1980/1981 In view of the special meeting of the City Commission held on Tuesday, August 12, 1980, the City Manager recommended that the Commission direct the City Attorney and the staff to prepare a tentative appropriation ordinance incorporating the changes that the Commission had determined at their special meeting. I The City Manager proposed to the City Commission, that they reconsider their appropriation of $15,000.00 for a chair lift and consider the acquisition and installation of an elevator. $15,000.00 would be allocated out of this years expenditures for an elevator. There was discussion of financing the elevator on a four-year term through a loan from the Cemetery Permanent Care fund with an appropriate interest rate. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that $15,000.00 be appropriated in the budget toward the purchase of an elevator. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the City Attorney and the staff be directed to prepare a tentative appropriation Ordinance. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. File Building Inspectors report - July The City Manager commented on the Building Inspectors report for July and recommended it be accepted and ordered filed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. I Engineer's Certificate and recommendation of final acceptance Dickerson Street Paving The Certificate of completion of the Dickerson Street Paving Improvements in accordance with the plans and specifications was submitted to the City of Bozeman by Thomas, Dean & Hoskins, Inc. The City Manager concurred in the recommendation of the consulting engineers and recommended that the project be accepted and approved by the City Commission. The final acceptance does not relieve the contractor of responsibility for negligence, faulty materials or workmanship within the standard period provided by law. The contractor has provided a performance and material bond in the full amount of the contract to guarantee _ workmanship and materials. The guarantee is for one year after acceptance. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that as recommended, the project be accepted as completed and final payment be made to Long Construction within thirty days. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those voting No, none. New Hyalite View Subdivision - re park care responsibilities A letter received from residents of the New Hyalite View Subdivision regarding the City's responsibility at Hyalite Park, was presented. The residents requested consideration and a reply to the following questions: 1. I s there to be a chil d proof grill on the lower end of the 15" storm drain pipe coming from the Graf Subdivision? 2. Could child proof grills be installed on each end of the 24" culvert pipe I under Holly Drive. 3. The 24" culvert pipe under Holly Drive is now about ~ clogged. How often is it to be cleaned. 4. When the SID was passed for the planting of trees and a water line installed for their care, whose responsiblity is it to actually water the trees? 5. When the trees were transplanted early this summer to make way for the sewer line, many were not cared for and ten to twelve are now dead. Whose responsi- bility was it to care for the trees and will they now be replaced. 6. When the Park SID was established the residents of Hyalite were told that the park would be mowed with a hay-type mower two or three times a year. What is the scheduled number of cuttings? (It has not been done yet this year). 100 FOllowing discussion, the Commission concurred in the recommendation of the City Manager that the questions be reviewed by the City staff and a written reply be addressed to the resi- dents of New Hyalite View Subdivision in answer to their questions. Adjournment With no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the meeting be adjourned. The I motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissi ner Vollmer; those voting No, none. DUNCAN S. MACNAB, Mayor ATTEST: ~~ 4 iJ;&A~ ~I\I ERNA V. HARDING, Clerk of the City Commission I I