HomeMy WebLinkAbout1981-02-04
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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.
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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
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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.
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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.
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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
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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
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