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HomeMy WebLinkAbout1981-02-04 249 Bozeman, ~10ntana February 4, 1981 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 4, 1981 at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner I Swanson, Commissioner Mathre, City Manager Gesko, Acting City Attorney Johnston, and the Clerk. The Commission meeting was opened with the Pledge of Allegiance and a prayer whereupon the minutes of the regular meeting held on Wednesday, January 28, 1981 were approved as corrected. Open Bids - furnishings for new Municipal Library This was the time and place set for opening bids for the Technical Library Furniture, Steel Office Furniture, Steel Bookstacks, Library Specialties and t,1iscellaneous t,1illwork for the new Municipal Library. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Swanson, seconded by Commissioner t1athre that the bids be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commission Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. The following bids were then opened and read: Arrowleaf Woodwork, Bozeman, Montana Combined - $ 14,920.00 Buckstaff, Oskosh, Wisconsin " 82,498.07 Estec Corporation, Redbank, N. J. " 36,883.00 Gilskey's Office Equipment, Bozeman, MT " 12.029.51 Montana Institutional Equipment, Billings, MT " 171,347.00 132,465.00 135,735.00 113,647.00 Northern School Supply, Billings, MT " 54,902.00 " 62,102.00 " 66,943.00 I " 74,143.00 Reporter, Inc., Billings, MT " 10,646.57 Terrells Office Machine " 7,757.17 Zac's Wood Shop, Bozeman, MT " 21,179.40 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the bids be referred to the Library Building Committee staff for tabulation, consideration, and a recommendation on Wednesday, February 11, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson, and Mayor ~1acNab; those voting No, none. Continued hearing - Zone Code Amendment - Southwest t10ntana Homebuilders Association - modifications in Townhouse Development Standards and Curb Cuts This was the time and place set for the continued hearing of Southwest Montana Homebuilders Association. The applicant seeks several changes to Chapter 18.76 - Townhouse Development Standards and Overlay District. In addition, a code amendment is requested for Chapter 18.69 - Supplementary Regulations, specifically Section 18.69.180 - Curb Cuts. The Planning Director presented the Staff Report which recommended that the proposed amendments to the townhouse standards be approved. The Zone Code Amendment involves largely the distance between curb cuts when townhouses are being constructed in existing residential areas. The percentage of area devoted to landscaping is also addressed, and placement of utilities also was a matter of concern to them. (The latter matter I was deemed to be handled adequately by the Planning Staff. Following discussion, the Mayor declared the hearing closed, and a decision will be forthcoming on Wednesday, February 11, 1981. Continued public hearing - Zone Map Change - Maurice Klabunde - R-4-T to B-2 This was the time and place set for the continued public hearing on Maurice Klabunde's request for a Zone Map Change from R-4-1 to B-2. 250 The applicant wishes to change a portion of the SE~, SE~, Section 11, T2S, R5E, M.P.M., Gallatin County, t,10ntana from R-4-T to B-2. The property in question is located approximately 300 yards south of University Plaza Shopping Center and east of and adjacent to South 23rd Avenue. The Planning Director gave the Staff report which recommended denial of the Zone Map Change. The Planning Director advised the Commission that the Bozeman Area City-County Planning Board had previously voted 4-3 against a related Master Plan Amendment involving the property. I Attorney Joe Sabol appeared before the Commission on behalf of Maurice Klabunde. Mr. Sabol addressed some of the high points in the staff report. Mr. Sabol said the parcel of land now zoned R-4-T is isolated and would be more compatible with the University Square if it were com- mercially zoned to B-2. t,1r. Sabol said that even though the Planning staff recommended against the change, the report indicated the change was suitable. He felt there should be expansion of commercial development in that area and a growing demand for such development in Bozeman. The Planning Director presented petitions signed by property owners protesting the Zone Map Change. Several property owners were present to protest the Zone Map Change. A. Mikkelson of 2025 West College advised the Commission that the property owners were very much opposed to the Zone Map Change. The property in that area had all been upgraded, and he could not believe that a roller rink and health spa would increase the value of the property. ~lr. ~1ikkelson agreed that the opposition to the Zone Change was partly emotional. He felt that the applicant's standpoint was based on selfishness, and not what is good for the community. Edward Anaker of 1905 West College showed slides of the area. He also showed slides of some of the commercial property unoccupied at the present time. Mr. Anaker called the development "unwarranted and unnecessary".Roy Wiegand of 625 South 19th Avenue felt that since the property has already been zoned downward to R-4-T, the change to B-2 would be highly undesirable for that area. Following further discussion, the Mayor declared the public hearing closed and a decision will be forthcoming on the amendment to the Bozeman Area Master Plan requested by Maurice Klabunde and I the Zone t,1ap Change requested by t1auri ce Kl abunde on Wednesday, February 11, 198I. Public hearing - Zone Map Change - D. V. Norris, 1013 West Babcock from B-2-T to B-2 This was the time and place set for the public hearing requested by D. V. Norris who seeks a Zone Map Change from B-2-T to B-2. The applicant wishes to change Lots 17 and 18, Block H, Story's Addition which is located at the northeast corner of West Babcock Street and South 11th Avenue from B-2-T to B-2. The site size is 8280 square feet. The site was originally zoned B-2-T in 1977. Due to testimony presented at public hearings from surrounding property owners, the City Commission attached a "T" designation to this zoning area. Since that time, two conditional use permits have been approved for the site although neither project has been developed. The Planning Director presented the staff report which recommended denial of the Zone Map Change from a B-2-T to B-2. Mr. Bolton specified that a new district is not being created. The ,,' B-2-T is already there and the question is whether or not to remove the "T" designation. After considerable discussion by the Zoning Commission the Zone Map Change was approved with a vote of three to one. The Applicant, Mr. D. V. Norris, advised the Commission thatat present a dental office is under construction across the street from the site in question. t1r. Norris contends that the "T" designation is a hindrance to the sale of this property. A letter received from Richard T. Orr, representative of Mrs. Robert Page, opposing the Zone Map Change was presented. I Following discussion, the Mayor declared the public hearing closed and a decision will be forthcoming on Wednesday, February 11, 1981. Public hearing - Zone Code Amendment - Joseph Sabol and Virgil Jahnke, R-2-A This was the time and place set for the public hearing to consider the Zone Code Amendment requested by Joseph Sabol, representative for Virgil Jahnke. 251 The Applicant seeks an amendment to the Bozeman City Zoning Code, which if approved, would create a new single-family zoning district. The proposed district would be nearly identical with criteria contained in the R-2 district with the exception of the minimum lot area, width, floor area, dwelling unit and conditional use. The intent of the proposed district is to allow construction of Single-family dwellings some- I what smaller in size than is currently allowed in the City's exclusive single-family districts and also to feature smaller size building lots. A primary objective is to expand housing alternatives and to encourage development of smaller, more economical and therefore more affordable detached single-family units. The Planning Director presented the staff report which recommended approval of the proposed Code Amendment. Joe Sabol, representative for Virgil Jahnke was present to answer any questions that might arise. ' The Mayor declared the public hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner/~Wg~S~Re one week waiting period be waived. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the R-2-A zoning designation requested by Joseph Sabol, representative for Virgil Jahnke. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Petition - requesting Electrical Sub-station as conditional use in B-2 Zone - Virgil Jahnke. A petition received from Virgil and Phyllis Jahnke petitioning the City to approve an electrical Substation facility as a permitted use in the B-2 Zoning District, was presented. The real property is more particularly described as that certain parcel of real property within the project generally known and referred to as "Valley Unit II", and heretofore zoned B-2- T by the City Commi ss i on, and I which parcel of real property fronts on Durston Road, lies 90uth thereof and East of Cottonwood Road extended, and contains approximately twenty five acres. Following discussion, the Commission acknowledged receipt of the petition, and the matter will be forwarded to the staff for consideration. Public hearing - Zone Code Amendment - Planning staff - modifications of Townhouse Development Standards This was the time and place set for the Public hearing to consider a Zone Code Amendment requested by the Planning staff. The proposed amendments are a combination of items recently found necessary by the Planning Staff. The combination is presented at this time to clarify code language at one time. The proposed amendments address the curb cuts, open space, landscaping, plat filing and parking. The townhouse development standards were not developed to insure that all lots could be developed for townhouses at the maximum permitted densities within a particular zoning district. The Planning Director presented the staff report which recommended approval of the amendments to the townhouse standards as described in the staff report. In one respect, the hearing clarifies a contradiction between the Zoning Code and the Building Code. One requires two and one-quarter parking spaces per unit, and the other requires only two spaces per unit. This would equalize the requirement in both codes. In addition, it would elimin- ate the 30% open space requirement in townhouse developments, which is applicable in condominiums-- but unnecessarily restrictive for townhouse developments. It also addresses the landscaping require- ments. I Following discussion, the public hearing was closed and a decision will be forthcoming on Wednesday, February n, 1981. Budget Proposal - Broad Valleys Federation The Budget Proposal for the Broad Valleys Federation for the fiscal year ending June 30, 1981, as prepared by the Broad Valleys Federation Coordinator, was presented. The Budget was reviewed by Librarian Margaret Hileman, Administrative Officer John Evans, and Director of Finance Grant Murie. 2S2 A copy of the proposed Library Federation budget was considered and recommended for approval by the Library Board of Trustees. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the proposed Broad Valleys Federation budget for the fiscal year ending June 30, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner I Vollmer, Commissioner Swanson, and Mayor MacNab; those voting No, none. Traffic Control Regulations (a) Prohibit parkinq on southside of Aspen Street, for one block west of North Seventh (along side of Cats Paw) (b) Install stop signs on 15th Avenue and Koch Street The City Manager brought up the problem of parking on the southside of Aspen Street, for one block west of North Seventh Avenue (along side the Cats Paw). Following discussion the Commission concurred in the recommendation of the City Manager that the City place tow away signs with the signs already posted and that if the traffic did constitute a hazard the vehicles would be towed away. The Commission also concurred in the City Manager's recommendation that no parking signs be placed on the east side of the street on North Nineteenth from the Sundance Saloon to Beall Street. The Commission also concurred in the City Manager's decision for the placement of stop signs on Fifteenth Avenue. The signs are to be erected on Fifteenth Avenue on both the North and South side of the Koch Street intersection. There was also a discussion concerning the extension of Babcock as a one way street from Eleventh Avenue to Wallace Avenue. Date Change - opening construction bids - SID No. 626, 627, 629, and 630 It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the date for opening of bids for the construction of SID No. 626, 627, 629, and 630 be February 18, 1981, instead of February 25, 1981. The bond sale is to be changed from ~1arch 4, 1981 to February 25, 1981. The I motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Proposed Audit Response A copy of the proposed budget response to the audit report was presented. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the Response to the Audit Report as presented and that the original be forwarded to the Division of Local Government Services, Department of Community Affairs, State of Montana, Helena, Montana. The Commission is to receive a status report on April 30, and June 30, and quarterly thereafter in order that they will know what progress is being made on the corrections of Audit problems. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, and ~1ayor MacNab; those voting No, none. Resources Recovery Technology Meeting - February 24-25, 1981, Seattle - permission for Van1t Hul and Clinton Gee to attend A Resources Recovery Technology meeting has been scheduled to be held in Seattle 24-25 February and City Engineer Van't Hul and Street Superintendent Clinton Gee have requested permission to attend the seminar. It was moved by Commissioner Swanson, seconded by Commissioner Mathre that, it being in the public interest, they be granted permission to attend the seminar and the City's share of $435.00 be paid out of the appropriate fund. The motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Right of Way Easement - Montana Power Company - gas pipe line - NW~, SE~ Section 6, T2S, R6E, MPM Lot 28-29, Block 97, Northern Pacific Addition A Right of Way Agreement by and between the City of Bozeman and the Montana Power Company for the purpose of constructing, maintaining, operating and removing a gas pipe line located in Gallatin 253 County, and described as the NW~, SE~, Section 6, T2S, R6E, Lot 28 and 29, Block 97, Northern Pacific Addition, was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Right of Way Easement and direct the Mayor and Clerk of the Commission to sign the Easement for the City of Bozeman. The motion was carried by the following Aye and No vote: those I voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson, and Mayor MacNab; those voting No, none. Proclamation - "Hearts Week" - February 8-14, 1981 Mayor MacNab proclaimed the week of February 8-14, 1981 as "Hearts Week" in the City of Bozeman and called on the Citizens of Bozeman to join in encouraging productive school and com- munity citizenship by supporting the Worthy Student Scholarship Fund during HEARTS WEEK. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commi ssioner Vollmer, Commi ssi oner Swanson, Commi ssi oner Mathre, and Mayor MacNab; those voting No, none. Application for Raffle License - MSU Women's Volleyball - March 7, 1981 The City Manager presented an application along with the required fee for a raffle license for the MSU Women's VOlleyball to be held on March 7, 1981. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for the raffle license as presented. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner ~1athre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Authorization to condemn Burlington Northern Right of Way for installation of trunk sanitary sewer It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the City Attorney to begin proceedings to condemn the Burlington Northern Right of Way I along Highway 10 for installation of trunk sanitary sewer. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Swanson, and t.1ayor t,1acNab; those voting No, none. Adjournment - 4:50 p.m. With no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No j~---' DUNCAN S. MACNAB, Mayor ATTEST: ERNA V. HARDING Clerk of the City Commission I