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HomeMy WebLinkAbout1978-10-11 :] 5 It October 11, 1978 Bozeman. Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 11, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab. Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Man- ager Gesko, Ass't City Manager Smith, City Attorney Berg and the Clerk. Commissioner MacNab, opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, October 4, 1978, were approved as submitted. I Open Construction bids - SID No. 595 Watermains - McChesney/Wheat Subdivision, SID No. 596 Sanitary Sewer - McChesney/Wheat Subdivision. SID No. 597 Sanitary Sewer McChesney/ Wheat Subdivision This was the time and place set for the opening of bids for SID No. 595, for the con- struction of watermains, SID No. 596 and SID No. 597, for sanitary sewer construction all in the McChesney/Wheat Subdivision. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be opened and read. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. The following bids were then opened and read: Clause Excavating and Construction - Worden, Mt. Schedule I $26,182.50 Schedule II 110,785.00 Schedule III 64,475.00 John-Boy Construction - Bozeman Schedule I 27,930.00 Schedule II 93,165.00 Schedule III 55,130.00 White Intermountain Construction - Bozeman I Schedule I 22,050.00 Schedule II 129,430.00 Schedule III 47,962.50 Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be referred to the consulting engineers, Thomas, Dean & Hoskins, Inc. , and the City Engineer for tabulation and recommendation to be made on Wednesday, October 18, 1978, and that the bid security check be returned to White Intermountain Construct- ion as quick as it is known that he is not the low bidder. The motion was carried' by the follow- ing Aye and No bid, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer. Commissioner MacNab and Mayor Sedivy, those voting No, none. Authorize Mayor Edmund P. Sedivy, Sr. , to attend a Milwaukee Railroad Hearing in Helena on Thursday, October 12, 1978 It was moved by CommissionerVandeventer, seconded by Commissioner MacNab, that Mayor Edmund P. Sedivy, Sr., be authorized to attend the Milwaukee Railroad Hearing in Helena on Thursday, October l2, 1978, and it being in the public interest his expenses be paid out of the appropriate fund. The motion was carried by the following Ayemd No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer,Commissioner Swanson and Mayor Sedivy, those voting No, none. Consideration of Bond sale - SID No. 592 and 593 - Watermains and Sanitary Sewer - Figgins Phase 3 There were no prospective bond buyers at the meeting of Wednesday, October 4, 1978, and I the City Commission authorized the City Manager to negotiate for the sale of SID No. 592 and SID 593. A meeting was held in the office of the City Manager on Tuesday, October 10, for the purpose of bidding on the bonds. The First National Bank and the First Security Bank were present for the bidding. The First Security Bank submitted the low bid of 7.95% for the two issues ($23,000.00 and $25,000.00). Upon the recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the sale of the bonds for Special Improvement District No. 592 in the amount of $23,000.00 and Special Improvement District No. 593 in the , " ,',. \.,)0':; amount of $25,000.00 be awarded to the First Security Bank of Bozeman at 7.95%. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Award Bids - SID No. 592 - Watermains Figgins Phase 3, SID No. 593 Sanitary Sewer Figgins Phase I 3 and SID No. 594 (portion of) Storm Drain Figgins Phase 3 Consultants, Thomas, Dean and Hoskins, Inc., reviewed the bids on SID No. 592 - watermains Figgins Phase 3, SID No. 593 sanitary sewer Figgins Phase 3, and SID No. 594 (portion of) storm drain Figgins Phase 3, and recommended the low bid of Tom Roe & Son Construction from Big Timber, Montana in the amount of $41,603.27. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab that the award be made to Tom Roe & Son Construction from Big Timber, on their low bid of $41,603.27. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - E. Hartze, Rocky Mountain Fence construction of a new warehouse located at 2001 North Rouse Having delayed action on the request of E. Hartz~,Rocky Mountain Fence for a period of one week, it was again presented. The applicant seeks a conditional use permit which if granted would allow the addition of a new warehouse structure (32' X 80'). The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request for a Conditional Use Permit be approved with be following conditions: 1. No new signing be permitted 2. Employee parking and company vehicle parking shall be provided inside the fenced storage area of the site. I The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Decision Conditional Use Permit - Gary Voorhees - Lehrkind Mansion to contain a retail business (Gary's Garret) on the first floor The request of Gary Voorhees for a Conditional Use Permit having been continued, was again brought before the Commission. The applicant seeks a conditional use permit which if granted would allow the Lehrkind Mansion to contain a retail business (Gary's Garret) on the first floor. The City Attorney advised the Commission that historical limitations could be put on an M-l zone. Upon the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Conditional Use Permit be avproved with the following con- ditions: 1. The historical character of the Mansion be preserved. 2. Signing shall be limited to one (l) wooden free-standing sign not to exceed 10 feet in height and 40 square feet in sign area. Said sign shall not be blinking, flashing, or animated. 3. No outside storage of materials shall be permitted on the site. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, I those voting No, none. Decision Conditional Use Permit - W.D. Filson to convert Eddie's Warehouse building located at 2101 Industrial Drive to a steel stove manufacturing operation The decision on the request of W.D. Filson to convert Eddie's Warehouse building located at 2101 Industrial Drive to a steel stove manufacturing operation having been delayed was brought before the Commission. Upon recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Conditional Use Permit be approved subject to the follow- ing conditions: -, 056 l. Signing shall be limited to one flush mounted building sign, 2' high X 6' long and not to exceed the height of the building. Said sign shall not be blinking, flashing or animated. The existing free-standing sign shall be removed. 2. No outside storage or outside fabrication shall take place on the site. No major manufacturing processes shall be allowed on the site. The motion was carried by the following Aye and No vote, those voting Aye being Commis- I sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - Bozeman Cable TV - Establish earth station - Lot 9, Bulen Subdivision The decision on the request of Bozeman Cable T.V. to establish an earth station located on Lot 9 of the Bulen Subdivision was continued for a period of one week. The Planning Director gave a short staff report. Upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the Conditional Use Permit with the follow- ing conditions. l. That the willows located east of the earth station dish be maintained. 2. That a six foot high chain link fence surround the 50' X 50' dish and equipment building site and have lattice inserts or some other similar screening material. 3. The storage area be limited to a miximum of 10' X 10'. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Public Hearing - Zone Map Change - M. Klabunde from AS to B-2-T (previously continued) The hearing to consider the request of Maurice Klabunde having been continued until a I recommendation was received from the City/County Planning Board and the Zoning Commission was presented for continued discussion. The applicant requested a zone map change from AS to B-2-T for the area now occupied by Stan's Miniature Golf along U.S. Highway No. 191 west of Rea Road, containing l3 acres of which approximately 11 acres are undeveloped. Paul Bolton, Planning Director, presented the staff report which recommended that the B-2-T proposed zoning be denied. The Planning Board also recommended denial of the proposed land use change. Rich Mayfield spoke on behalf of the applicant. He stated that if the zone map change was granted it would be in keeping with the intent of the master plan to establish a commercial node out on Highway 19l. It would provide deeper lot area and would prevent strip commercial because the depth of the site oould accomodate more commercial uses within the Klabunde site. Dennis Harding, a realtor with Rosenthal Realty, spoke in support of the proposed zone change, stating he felt the proposed zone change would be in line with what the Planning Staff and Zoning Commission hoped for when the Master Plan was drafted. The Master Plan indicated that there should be a nodule of commercial development at the intersection of Rea Road and U.S. Highway #191 and this proposed zone change would adequately fill this need. He further stated that there is only one listing in the Bozeman area for B-2-T property for sale and the Bozeman area needs the depth of this type of zoning along U.S. 1119l. Don Stanfield, property owner of the proposed site, addressed the Commission and spoke in favor of the proposed zone change. He stated he would like to see the zone change for personal I reasons as owner of Stan's Miniature Golf located on the proposed site. He felt hampered by the present zoning of agriculture. With a commercial zoning, he felt this land would have a more desirable use. Roger Hougen, adjacent landowner to the proposed site, had no objections. David Penwell, Attorney, representing the applicant appeared before the Commission. He advised the Commission that from an economical standpoint, the proposed site is not and cannot be realistically used for agriculture. In regard to residential use, the proposed site has already a single family residence on it. With the present zoning of AS, only this one dwell- ing is allowed on the site. In his opinion he felt the proposed zoning would meet the needs of a commercial nodule for that area as indicated in the Master Plan. t' ~ r -", uvi Mr. Klabunde said he would let Mr. Hougen have an access easement to his property to the south. The Commission was advised that the mobile home located on the property would be removed. Mrs. Harriett Brenden was present to oppose the proposed zone map change. She advised the Commission there were several property owners who had attended the Zoning Commission meeting who spoke in opposition to the proposed zone change. She said the master plan calls for one I commercial zone and there are now six areas along West 191. She objected to any commercial development. She felt it took away from the agriculture scene. The City Attorney asked Mr. Mayfield if he has critized the staff report at both the Zoning Commission and Planning Board meetings. Mr. Mayfield did not appear publicly at the Zoning Commission meeting but his report was sent to the Planning Board and the Zoning Commis- sion. The City Manager recommended that the hearing be continued until the minutes of the Zoning Commission, and the Planning Board are formally approved by these respective groups in concurrence with the staff report. When the minutes of the above groups are formally approved. they can be adopted into the minutes of this Commission meeting by reference. Public Hearing Zone Code Amendment - Planning Staff (allow pun's in B-1 District) This was the time and place set for a public hearing to consider the request of the Planning Staff for a Zone Code Amendment to permit Planned Unit Development as conditional uses within the Neighborhood Business District (B-1) of the Bozeman Zoning Code. The Planning Director presented the Staff report which recommended that B-1 districts be allowed more flexibility as is the case with B-2 and M-l districts, while still maintaining the intent, by permitting Planned Unit Developments within the district as conditional uses. The staff recommended changing Section 18.72.050 (B-1) to include Planned Unit Developments as provided in Chapter 18.75 of this ordinance. Several members of the Zoning Commission stated they felt that a mixture of land uses I such as might occur through a PUD project might be inappropriate and not in keeping with the intent of a B-1 district. The Zoning Commission recommended that the Zone Code Amendment requested by the Planning Staff which would allow PUD's in B-l Districts be denied by the City Commission. The public hearing was closed and a decision will be made on Wednesday. October 18, 1978. County Commission - re partial occupancy of Rosary Building prior to code compliance County Commissioner George Sager appeared and asked the Commission to allow the Gallatin County Sheriff's Office to occupy the Rosary School Building before it is brought into code compliance. Richard Shanahan, Architect, said the Sheriff~~ Office would take up the former Rosary School Administrative office and the music room on the second floor. The City Manager asked the Architect if the building would be up to code compliance by April first. The Architect said it would. The code provisions which require compliance seem to revolve around ventilation and one hour fire retardancy. This will involve doors and ventilators primarily, which seems minimal. In addition, they would request that the gymnasium also be utilized, by rural schools request- ing the use of this facility. Actually, the Building Inspector can verify that modifications to the gym are more minimal than for the other portions of this facility. Commissioner Swanson asked what happens if the commission allows occupancy before it is upgraded. Would the City and the City Commission be liable because they allowed them to I do this? The City Attorney said yes they would. Commissioner Swanson asked if there was any way that the City could put a clause in the agreement relieving the City of the responsibility? County Commissioner Sager advised the Commission that the County Commissioners would be very happy to sign an Agreement with the City relieving them of any responsibility. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Commission approve the occupancy of the building with a clause written in by the City Attorney that would relieve the City Commission of any responsibility. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer. Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. (' ~8 d....J Commission Resolution No. 2005 - Intent to Vacate Fridley St., & MacAdow Street, east of Milwaukee spur tract - Hearing November 8, 1978 COMMISSION RESOLUTION NO. 2005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE PORTIONS OF FRIDLEY STREET AND MACADOW STREET IN THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. I as prepared by the City Attorney was directed by the City Commission to vacate portions of Fridley Street and the MacAdow Street in the Northern Pacific Addition. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2005 be passed and adopted and November 8, 1978, be the date set for public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Prohibit trucks on 15th Avenue from Durston Road to Main Street Mr. George McClue of 403 North Fifteenth Avenue appeared before the Commission in regard to truck traffic on North Fifteenth Avenue from Durston to Main Street. Mr. McClue feels that North Seventh and Main Street are compatible for that sort of thing. He wondered if a load limit could not be placed on North Fifteenth Avenue from Durston to Beall Street. He said he did not feel the persons living on North Fifteen deserved a truck route in that area. Linda Carson was also prsent to complain about the traffic on North Fifteenth Avenue. Commissioner Vandeventer adked if the City could legally designate a load limit on trucks in certain areas. Robert Evans of South Willson was also present and agreed whole heartedly with Mr. McClure as to designating a truck route. Following considerable discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City Manager be instructed to contact other cities to see I how they solve their problems in regard to truck traffic, that a recommendation be given by the Pedestrian Traffic Safety Committee, together with the City/County Planners, and that it be brought back to the City Commission for further discussion. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Commission Resolution No. 2006 - designate banks for deposit of City funds and designate signatures Commission Resolution No. 2006, authorizing designated individuals of the City of Bozeman to sign checks and drafts against such funds for the City of Bozeman and designating banks for funds of the said City of Bozeman, was presented, entitled: COMMISSION RESOLUTION NO. 2006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DESIGNATING DEPOSITORY BANKS FOR FUNDS OF THE SAID CITY OF BOZEMAN AND DESIGNATING THOSE EMPLOYEES AND/OR OFFICERS OF THE SAID CITY OF BOZEMAN AUTHORIZED TO SIGN CHECKS AND DRAFTS AGAINST SUCH FUNDS. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2006 be passed and adopted, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I Raffle License Application - Office Education Association - Reid Hall - October 27 The City Manager presented an application from the Office Education Association along with the required fee, for a raffle to be held on October 27, 1978. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission Approve the application for the raffle license, and the motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. i, ~ r." r ~ V,) ;j Request to place banner across Main Street - League of Women Voters A letter received from the League of Women Voters, requesting permission to place banners across Main Street and North Seventh Avenue on Tuesday, November 7, 1978, to remind all regis- tered voters to vote, was presented. The banner would remain across Main Street and North Seventh for the one day. I Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the League of Women voters get a permit from the city, and that they provide for the erection and removal of the banners. The required $25.00 deposit per banner is to be returned to the organization only if the banner is removed within the forty-eight hour period following the election. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Library report DlDr September Police Court report for September Fire Department quarterly report The City Manager commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Claims for September The payroll claims and the general claims for the month of September were presented. I The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants' in payment. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the claims be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission, it was moved by Commissioner MacNab,seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. ~.. /-/,/ ~ .~ "-?' -4"~~~ ~,,~....-c:.'.-'- P. SEDIVY, SR., MAYOR // ..,.... ATTEST: I --C~~ j! ERNA V. HARDING, CLERK ISSION