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HomeMy WebLinkAbout1980-09-03 113 Bozeman, Montana September 3, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 3, 1980 at 1:15 o'clock p.m. Present were ~1ayor MacNab, Commi s- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager I Gesko, Acting City Attorney Johnston, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regu- lar meeting held on Wednesday, August 27, 1980 were approved as submitted. Sullivan Photo - Variance to Sign Code Wm. Warwood appeared before the Commission to request a variance to the sign code to permit the Marquee to be built without a drainage as required by Chapter 45 of the Uniform Building Code. The Marquee is to be built on the east side of the old Penney's building for the Sulli- van Photo renovation. The Building Inspector recommended approval of the variance to the Sign Code without the storm drain gutter. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission concur in the recommendation of the Building Inspector, also concurred in by the City Manager, and approve the variance to the sign code to permit the Marquee to be built without a drainage as required by Chapter 45 of the Uniform Building Code. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Cooperative Agreement with Blue Ribbons Having delayed action on the proposed Cooperative Agreement with Blue Ribbons for a per- iod of one week for staff review, it was again presented. I Joel Shouse was present to explain the agreement. He said there were a few changes in the agreement. The Agreement is the same as the one passed by Belgrade, Manhattan, and Three Forks. Action on the proposed Cooperative Agreement will be postponed for another week for staff review. Bond Sale SID No. 619 - Water Main Construction Lea Avenue The City Manager stated that according to the affidavit of pUblication this was the time and place set for the bond sale of Special Improvement District No. 619, water main construc- tion on Lea Avenue in the amount of $24,300.00 The Mayor and City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for SID No. 619 would be the same as the advertised amount. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the City proceed with the bidding of SID No. 619. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner t1athre, Commis- sioner Vollmer, and Mayor MacNab; those voting No, none. The Clerk of the City Commission advised the Commission that there were no sealed bids. She further advised the Commission that W. W. Miller and James E. Robertson had presented their good-faith checks as prescribed by the Notice of the Sale in the amount of $1,215.00. Oral bidding began and the final best oral bid was from W. W. Miller of Bozeman in the amount of 9.25%. I The Director of Finance recommended that the City of Bozeman accept the bid of W. W. Miller of Bozeman in the amount of 9.25%, it being the lowest and best bid submitted. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the sale of the bonds for Special Improvement District No. 619 in the amount of $24,300.00 be awarded to W. W. Miller in the amount of 9.25%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner ~1athre, Commissioner Vollmer, Com- missioner Stiff, and Mayor MacNab; those voting No, none. 114 Award construction bids - SID 619 - Water mains on Lea Avenue The consulting engineer reviewed the bids submitted on Special Improvement District No. 619 for the water main construction and recommended award of the project to Tom Roe and Son Construc- tion Incorporated, Big Timber based on their low bid of $13,775.83. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Tom Roe & Son be awarded the bid for water main construction on Lea Avenue, SID No. 619, in the amount of 1 $13,775.83. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Decision - Zone Map Change - Wm. & Dan Sebena - M-1-T to R-MH - 11.9 acres located east of North Rouse Avenue The request of Wm. & Dan Sebena for a Zone Map Change from M-1-T to R-MH, having been delayed for a period of one week, was brought back for a decision. The applicant seeks a change to the City's Official Zoning Map on approximately 11.9 acres located east of North Rouse Avenue about 400' and is north of and adjacent to the Industrial Subdivision. The property is split by Bozeman Creek. The Commission concurred in the recommendation of the City t1anager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission deny the request for a Zone Change from M-1-T to R-MH. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, and Mayor MacNab; those voting No, none. Decision - Zone Map Change - Wm. Sebena - M-1-T to R-MH - 13 acres located east of North Rouse about 1,000' south of and adjacent to Griffin Drive The request ofWm. Sebena for a Zone Map Change from M-1-T to R-MH, having been delayed for a period of one week, was brought back for a decision. The applicant seeks a change to the City's Official Zoning Map on approximately 13.0 acres located east of North Rouse Avenue about 1,000 feet and is south of and adjacent to Griffin 1 Drive. The property is split on the western portion by Bozeman Creek. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the request for a Zone t1ap Change from M-1-T to R-MH be denied. 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. Decision - Zone Map Change - Gene Cook & Don Turner - M-1-T to R-MH, 16.75 acres located west of and adjacent to Burlington-Northern Railway and south of and adjacent to Griffin Drive The request of Gene Cook & Don Turner for a Zone Map Change from t1-1-T to R-MH, having been delayed for a period of one week, was brought back for a decision. The applicant seeks a change to the City's Official Zoning Map on approximately 16.75 acres located west of and adjacent to the Burlington Northern tracks and is south of and partially adjacent to Griffin Drive. The property contains a Single-family dwelling and is otherwise vacant. The Commission concurred in the recommendation of the City t1anager, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the request for a Zone Map Change from M-1-T to R-MH be denied. 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. Decision - Zone Map Change - Tim Barnard - M-1-T to R-MH - 10 acres located east of and adja- I cent to Bozeman Creek, and east of and adjacent to Bomont ~ubdivision The request of Tim Barnard for a Zone Map Change from M-1-T to R-MH having been delayed for a period of one week, was brought back for a decision. The applicant seeks a change to the City's Official Zoning Map on approximately 10.0 acres located east of and adjacent to Bozeman Creek and east of and adjacent to the Bomont Subdivision. The property is vacant. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the request for a Zone Map Change from M-1-T to R-MH be denied. 115 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 Mac- Nab; those voting No, none. Continued hearing - Conditional Use Permit - World Family School - use of private school on Lots 13-14 and portion of 15-16, Block B, Hoffman's Addition I This was the time and place set for the continued hearing of the World Family School. The applicant seeks a conditional use permit which, if granted, would allow the use of a pri- vate school. The lot area is approximately 10,220 square feet (0.235 acres). The building areas equal 1,069 square feet. The applicant provides two off-street parking spaces. The site is zoned R-3 and is described as Lots 13 and 14 and portions of 15 and 16, Block B of Hoffman's Addition. The Planning Director presented the report of the Zoning Commission which recommended approval of the Conditional Use Permit with the conditions. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commissioner waive the one week waiting period and approve the Conditional Use Permit with the following conditions: It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission concur in the recommendation of the City Manager and approve the Conditional Use Permit with the condition that they be limited to not over twelve students at this address, and that the Conditional Use Permit be reviewed after one year along with the following conditions: a. An area within the East Dickerson Street right-of-way would be gravelled for the purpose of dropping off and picking up children. This would be a more convenient access for parents as opposed to using the alley. In con- junction with this drop-off area, a walkway for year-round use will need to be provided by the applicant extending from the south property line to the school building. b. The alley providing access to South Black Avenue will be used primarily by employees of the school and occasionally by a parent visiting the school. 1 Two (2) parking stalls will need to be provided. c. The recently installed posts and landscaping in the extension of South Bozeman Avenue will be removed and the traffic route restored to its previous condition. 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. Continued hearing - Zone Map Change - Wm. Sebena - A-S to R-MH - to be continued This was the time and place set for the continued hearing of Wm. Sebena for a Zone Map Change. The applicant seeks a Zone Map Change on approximately 30 acres located north of and adjacent to Bohart Lane about 1000 feet east of L Street. The Zoning Commission recommended that the public hearing be continued for a period of one week. Public hearing - Conditional Use Permit - Julian DeGidio, Jr. - Auto repair shop in Indus- trial Subdivision - to be continued This was the time and place set for the pUblic hearing on Julian DeGidio who requests a Conditional Use Permit which, if granted, would allow an automotive shop in 2400 square feet of an existing 4800 square foot structure. The site is located at 517 Bryant Street. The Zoning Commission recommended that the public hearing be continued for a period of I one week. Public hearing - Zone Map Change - Motel 6, Inc. - M-2-T to B-2-T - to be continued This was the time and place set for the public hearing to consider the request of Motel 6, Inc., for a Zone Map Change from M-2-T to B-2-T. The applicant seeks a change to the City's Official Zoning Map on approximately 0.57 acres located at 612 Nikles Drive. The Zoning Commission recommended that the public hearing be continued for a period of one week. ":'. ~~,"'> /J '116 . Public hearing - Zone Map Change - Robert Pearson -fromASto R-O - to be continued This was the time and place set for a public hearing to consider the request of Robert Pearson for a Zone Map Change from AS to R-O. The Zoning Commission recommended that the public hearing be continued. Public hearing - Zone Map Change - Kirkwood BaptistChurch-R-S to B-2-T - to be continued This was the time and place set for a public hearing to consider the request of Kirkwood I Baptist Church for a Zone Map Change from R-S to B-2-T. The Zoning Commission recommended that the public hearing be continued. Mrs. Lillian Lund was present to object to the Zone Map Change. She said it would change the value of the property in that area. Public hearing - Zone Map Change - G. Schaefer&V.Johnson- A-S to R-MH - to be continued This was the time and place set for the public hearing to consider the request of G. Schaefer and V. Johnson for a Zone Map Change from A-S to R-MH. The petitioner requested that the Zoning Commission postpone the hearing on the request. Public hearing - Zone Map Change - W. Babcock Joint Venture -RRtoR~3-tobe continued This was the time and place set for the public hearing to consider the request of W. Bab- cock Joint Venture for a Zone Map Change from RR to R-3. The applicant seeks determination of appropriate zoning, which if granted, would estab- lish a City Zoning classification on approximately 7.5 acres. The property is located north- west of and adjacent to the City limits approximately at the northwest corner of the Main Mall Shopping Center. Mrs. W. F. Reich, 101 Wilda Lane appeared before the Commission to Object to the Zone Map Change. She said it would present a traffic hazard and they did not want to be annexed into the City. The Zoning Commission recommended that the public hearing be continued for a period of one week. I Stuart Westl ake - presentati on of prelimi nary resul ts of the Housing Survey dealing with housing conditions, housing_availability'arid the surveYed peop1es'feelings on housing needs Stuart Westlake and Gary Refsland representatives of the Gallatin County Housing Authority appeared before the Commission to present the preliminary results of the Housing Survey present- ly being conducted in Bozeman and the other incorporated towns in the County. They said the prel imi nary results for Bozeman will primarily deal wi th housing conditions, hOUSing availa- bility and the surveyed peoples' feelings on housing needs. Mr. Refsland said their is a definite need for low income hOUSing in Bozeman and the other incorporated towns in the County. Preliminary plat - West Main Business Plaza - Commission Information and discussion The City Manager presented the preliminary plat of the West Main Business Plaza. He advised the Commission that ordinarily the plat is not called to the attention of the Commission. How- ever this matter has the potential of an east-west street running through its south edge, pro- vision for which should perhaps be accommodated at this time. He said if this were to be accom- plished it should be acquired before the plat is filed. Following discussion, it was recommended that an agreement be worked out between the City Engineer and the developer, and that before any action is taken it be referred to the TAC Com- mittee for review and a recommendation. Preliminary plat - Fairways Subdivision - Commission Information and discussion The City Manager presented the Preliminary plat dealing with th~ Fairways Subdivision and I v explained that the problem is park dedication, and whether or not it should be dedicated to a homeowners' association or dedicated as public park land. The title of the proposed subdivi- sion--Fairways Subdivision No. 1--indicates the proposed intent for land dedicated for park purposes. The intent is to develop a golf course. He said that if this were developed as such, it will leave no land whatever available for other recreational purposes--particularly to serve children's needs. tbmmdsis:ionet.Matnre, said she,\'/ould lj~e to see Iheeptaygtoaad pI1Uaed.; Tne--Recreation Board also recommended that it be dedicated as public park land. 117 Appointment of Dennis Hardin - Loan/Grant Review Committee The City Manager advised the Commission that he had received a memorandum from the Planning Director suggesting the name of Dennis Hardin as a member at large of the Loan/Grant Review Committee. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Dennis Hardin I be named to the Loan/Grant Review Committee as a member-at-large. 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. Bozeman Lions Club - request license for 4th annual magic show A letter received from the Bozeman Lions Club, requesting a license for the purpose of holding their fourth Annual Magic Show at the Willson School Auditorium on September 11, 1980 at 7:30 p.m., was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for a license to hold their Magic show on Thursday, September 11, 1980. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Ma thre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Claim - Police Cars The City Manager presented the claim for the purchase of two pOlice cars, and recommended it be approved and the Director of Finance be instructed to issue a warrant in payment thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the claims be approved. 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. File report - Police Department I The City Manager commented on the report of the Police Department 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 Swans~n, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Meeting recessed: 3:20 p.m. The meeting was recessed at 3:20 p.m. for the purpose of discussing salaries and wages. Meeting reconvened: 5:05 p.m. Adjournment: 5:20 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner tiff, and Ma or MacNab; those voting No, none. DUNCAN S. MACNAB, Mayor ATTEST: I {falx:.- cI tJ;~d~L/ IN ERNA V. HARDING, Clerk of the City Commission