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HomeMy WebLinkAbout1978-11-08 080 November 8. 1978 Bozeman. Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building. November 8, 1978. at 1:15 o'clock p.m. Present were Mayor Sedivy. Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer. City Mana- ger Gesko, Ass't. City Manager Smith. City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday. November 1. 1978 were approved as corrected. I Decision - Conditional Use Permits (a) D. Osterman - construct 3 warehouse buildings on North Rouse Having delayed action on the request of D. Osterman for a period of one week. it was again presented. The applicant seeks a conditional use permit to construct a complex of three warehouse buildings containing approximately l6,000 square feet of rent-type storage units. The Commission concurred in the recommendation of the City Manager, and it was moved by Com- missioner MacNab, seconded by Commissioner Vollmer. that the request for the conditional use per- mit be approved with the following conditions: l. The signing be limited to one non-illuminated building sign having 50 square feet or less. Said sign shall not exceed the height of the building. 2. A drainage plan for the site be approved by the City Engineer prior to the to the issuance of a building permit. 3. The buildings shall set back a minimum of 45' from the center line of North Rouse Avenue. 4. The 25' front yard area on North Rouse Avenue shall be landscaped, 75% of which shall contain live vegetative material specifically to include two minimum dia- meter trees. 5. That all landscaping. paving and drainage work shall be completed within one year of the issuance of the Building Permit. 6. Access to the site will be limited to one twenty foot curb cut. The front yard I shall be enclosed by a permanent. protective curbing at least six inches in height so as to prohibit vehicular traffic over any landscaped areas. 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. (b) E. Egbert - expansion of existing 4,000 sq. ft. rental shop located on Lot 7 of the Bozeman Industrial Park Subdivision The request of Everett Egbert to expand the existing.4,000 square foot rental shop was presented for a decision. The Commission concurred in the recommendation of the City Manager and it was moved by Commissioner Vollmer. seconded by Commissioner Swanson. that the request for the conditional use permit be approved with the following conditions: l. That no new signing be permitted. 2. Two additional parking spaces be provided on site. 3. The new 25-foot setback to the North of the northern entrance be landscaped, 75% of which shall be of a live vegetative material. 4. All landscaping and paving shall be completed within 12 months after the issu- ance of a Building Permit. The motion was carried by the following Aye and No vote. those voting Aye being Commission- er Vollmer, Commissioner Swanson. Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy. I those voting No, none. (c) Vann's Inc~ - construction l4,000 sq. ft. bldg. to be used as a music. television appliance, and bedding retail warehouse display store at 2504 West Main Street The request of Vann's Inc.. for a conditional use permit having been continued, was again brought before the Commission. The applicant seeks approval to construct a building containing approximately l4,000 square feet to be used as a music, television. appliance. and bedding retail and warehouse display store. Upon recommendation of the City Manager. it was moved by Commissioner Swanson. seconded . I, ~'f U0J, by Commissioner Vandeventer, that the conditional use permit be approved subject to five conditions: 1. Signing shall be limited to one free-standing sign, having a maximum sign area of 70 sq. ft. and not to exceed the height of the building. In addition. one flush- mounted building sign not to exceed 70 sq. ft. or the height of the building shall be allowed. Said sign shall not be flashing, blinking or animated. and shall be I internally illuminated. No external lighting apparatus shall be attached to any signs. 2. The 25 ft front yard setback shall be landscaped. 75% of all landscaped areas shall be composed of live vegetative material and shall be in accordance with the landscape plan as submitted to the Planning Staff. Prior to the issuance of a building permit or occupancy of the site, the applicant shall submit for Planning Staff approval the appropriate description of all landscaped material to be used in required landscaped areas. All landscaped areas shall be enclosed by a permanent protective curbing at least six inches in height to prevent vehicular traffic across the landscaped areas. 3. The access to the site from West Main shall be limited to one 30 ft. curb cut and shall be delineated by permanent curbing, at least six inches in height. from the property line into the parking areas. 4. A drainage plan and proper sediment and erosion control measures shall be submitted and reviewed for approval by the City Engineer. 5. All landscaping, paving and drainage work shall be completed within one year of the issuance of a building permit. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Swanson. Commissioner Vandeventer. Commissioner MacNab, Commissioner Vollmer. and Mayor Sedivy, those voting No, none. Decision - Zone Change - City County Planning Staff - amendment (Public notice requirements) The request of the City/County Planning Staff for a zone change having been deferred for a period of one week was presented for a decision. I The public hearing was conducted regarding notification for zone changes which would in- volve only the City's zoning jurisdictional boundaries. subsequent to annexations. Following considerable discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the staff be instructed to draw up an ordinance amending the Zone Code regarding notification for zone changes. The amended ordinance is to be on a six month trial basis. 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. Sale of Bonds - SID No. 587 - Sanitary Sewer & Watermain in Bomont Subdivision - $80,000 " " 589 - Water lateral Bomont Subdivision - 32,000 " 59l - Trunk water mains Northeast Annexation - 440.000 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's 587, 589 and 591. The Mayor and City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for each district would be the same as the advertised amount. The Mayor announced that the City was now ready to conduct the bidding for the purchase of the bonds of SID No. 587 in the amount of $80,000.00. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City pro- ceed with the bidding of Special Improvement District No. 587. D.A. Davidson presented their good faith check as prescribed by the Notice of Sale for Special Improvement District No. 587. I D.A. Davidsion & Company being the only bidder bid 8.75% Upon the recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson. that the sale of the bonds for Special Improvement District No. 587 in the amount of $80,000.00 be awarded to D.A. Davidson & Company in the amount of 8.75%. 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. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City proceed with fue bidding of Special Improvement District No. 589. D.A. Davidson & Company presented their good faith check as prescribed by the Notice of (' O? 1)0;..... Sale for Special Improvement District No. 589. Oral bidding began and D.A. Davidson & Company being the only bidder, bid 8.75%. Upon recommendation by the City Manager, it was moved by Commissioner Vandeventer. seconded by Commissioner MacNab, that the sale of the bonds for Special Improvement District No. 589 in the amount of $32.000.00 be awarded to D.A. Davidson & Company in the amount of 8.75%. The motion was carried by the following Aye and No vote, those voting Aye being Com- I missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer. Commissioner Swanson and Mayor Sedivy. those voting No, none. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that the City proceed with the bidding of Special Improvement District No. 591 in the amount of $440.000.00. The following bidders presented their good faith checks as prescribed by the Notice of Sale for Special Improvement District No. 591. D.A. Davidson & Company, Bozeman. Montana First Security Bank, Bozeman. Montana Oral bidding began and the final best bid was D.A. Davidson & Company, Bozeman in the amount of 8.65%. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer. seconded by Commissioner Swanson. that the sale of the bonds for Special Improvement District No. 591 in the amount of $440,000.00 be awarded to D.A. Davidson & Company in the amount of 8.65%. 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. Award Bids - SID 587 - Sanitary sewer & watermain Bomont Subdivision SID 589 - water lateral Bomont Subdivision & SID 591 - trunk water mains Northeast Annexation A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc. , the City's engineering consultant. was presented recommending that the award be made to Clause Excava- I ting. Worden. Montana, based on their low bid of $442,596.00. it being the lowest bid sub- mitted. All individual SID's are within the financial limits established for the project. Mr. Cummings advised the Commission that they had received a verbal concurrence from the Chicago-Milwaukee Railroad (written concurrence is to follow) allowing elimination of the encasement on the spur line crossing on Bridger Drive. This would reduce the construction costs of SID 591 by $10,200.00. This reduction greatly aids in the financial limits of the project. The City Manager concurred with the recommendation of the engineering consultants. It was moved by Commissioner Swanson. seconded by Commissioner Vandeventer. that the award be made to Clause Excavating. Worden, Montana, based on their low bid of $442.596.00. The motion was carried by the following Ayemd No vote. those voting Aye being Commissioner Swanson. Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy. those voting No, none. Public Hearing - Commission Resolution No. 2005 - Vacate Fridley Street east Milwaukee spur track This was the time and place set for a public hearing to consider the request of Robert G. Simkins for vacating portions of Fridley Street and MacAdow Street in the Northern Pacific Addition to the City of Bozeman. Affidavit of publication of Notice and the Clerks mailing certificate stating all property owners had been notified as required by law was presented. There were no written protests on I file. George Sikonia was present to protest the closure east of the tracks. He felt the por- tion from Broadway to the railroad track would serve no one. He stated he would remove his protest if the resolution is amended to include vacating the portion of Fridley Street from Broadway Avenue to tthe railroad tracks. The petitioner was not present for the hearing and the City Manager suggested that the hearing be continued for a period of one week in order that the petitioner might be present. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the hearing on Commission Resolution No. 2005 - vacation of portions of Fridley Street and MacAdow Street ,. , o (j ".:" in the Northern Pacific Addition to the City of Bozeman - be continued for a period of one week. 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. Public Hearing - Conditional Use Permits I (a) Michelle Sherman - Wee Care Leaning Center - conversion of existing house at 414 N. 15th Avenue This was the time and place set for a public hearing to consider the conditional use per- mit requested by Michelle Sherman. The applicant seeks a conditional use permit which, if approved, would allow the conversion of an existing house at 414 North l5th Avenue into a private day-care nursery school. This school would be similar to a montisory school and would cater to children between the ages of 2-6 years. The house is located in an R-3 zone which requires a conditional use permit for the school. The Planning Director presented the staff report. The Zoning Commission, after review- ing the situation recommended denial of the conditional use permit. George McClure, 403 North l5th Avenue, addressed the Commission and stated he objected to t'he proposed use. He stated the parking was not in conformance to the Zoning Ordinance. He further stated that the proposed house was not built in accordance withthe Uniform Building Code. Jack Rogers advised the Commission the traffic was very heavy in that area and protested the request for a conditional use permit Mrs. Bud Purdy said the ditch is very dangerous. especially for young children. Several other property owners were present to protest the requested conditional use permit. The City Attorney asked Mr. McClure if he knew how long it has been used as:a residence. Mr. McClure said it is used as a one-family dwelling at the present. There being no further expressions. the hearing was closed and a decision will be made on I Wednesday, November l5, 1978. (b) D. Kumlien - conversion of the antique bldg. located between Main & College Street into a retail art gallery & sporting goods store This was the time and place set for a public hearing to consider the conditional use permit requested by D. Kumlien. The applicant seeks a conditional use permit which. if ap- proved, would allow the conversion of the antique building located between Main and College Street into a retail art gallery and sporting goods store. The zone is B-2-T, requiring a conditional use permit. The Planning Director presented the staff report. and recommended approval of the con- ditional use permit subject to conditions. Mr. Kumlien was present to answer any questions that might arise. Mr. Gesko asked Mr. Kumlien if he was purchasing the property or leasing it. Mr. Kumlien advised the City Manager that he was leasing the property. The Mayor declared the public hearing closed and the decision will be made on Wednesday, November 15. 1978. (c) Bruce H. Peterson - allow screen processing operation for printing on jackets etc. with Mr. Filson's stove manufacturing operation This was the time and place set for a public hearing to consider the conditional use per- mit requested by Bruce H. Peterson. The applicant seeks a conditional use permit to allow a screen processing operation whereby emblems would be printed on jackets, T-shirts, and athletic I jerseys in conjunction with Mr. Filson's steel stove manufacturing operation in the Eddy's Bakery building. The site is located at 2101 Industrial Drive and more commonly at the inter- section of Industrial Drive and Griffin Drive. The site is zoned M-l-T which requires a con- ditional use permit. The Planning Director presented the staff report. recommending approval thereof subject to two conditions. Mr. Peterson was present and addressed the Commission. stating he was agreeable to the conditions as recommended by the Planning Staff and modified. The Mayor declared the hearing closed and the decision was deferred for a period of one week. [J 8 I~" (d) County of Gallatin - allow the use of the former Holy Rosary School building for School Building for County Courthouse-operation This was the time and place set for a public hearing to consider the use of the Holy Rosary High School Building. The applicant seeks a conditional use permit which, if approved, would allow the use of the former Holy Rosary High School Building for County Courthouse oper- ations. principally those pertaining to law and justice functions. Additionally, the total site I (16 acres) will also contain the Montana Law Enforcement Training Academy (2 acres). The Planning Director presented the staff report. He called attention to the fact that the access routes have not yet been established. The staff recommended approval of the con- ditional use permit subject to five conditions. The City Attorney protested a zoning condition that access from the property be developed to Koch Street. He stated he did not like the increased traffic in a residential area. The Mayor declared the hearing closed and the decision was deferred for a period of one week. Public Hearing-- Commission Resolution No. 202l - Intent to create SID 602 storm drainage - Figgins; Fourth This was the time and place set in Commission Resolution No. 2021, to hear the protests to the creation of Special Improvement District No. 602. storm drainage construction in Figgins Fourth Addition. Affidavit of publication of Notice and the Clerk's mailing certificate. stat- ing all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and it was moved by Commissioner Vollmer.seconded by Commissioner Swanson. that the City Attorney be instructed to draw up a resolution creating the district. 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. Public Hearing - Commission Resolution No. 2022 - Intent to create SID 608 paving construct- I ion Figgins Fourth This was the time and place set in Commission Resolution No. 2022, to hear the protests to the creation of Special Improvement District No. 608, paving construction in Figgins Fourth Addition. Affidavit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no protests on file and no one appeared to protest verbally. The Mayor declared the hearing closed and it was moved by Commissioner Swanson. seconded by Commissioner Vandeventer, that the City Attorney be instructed to draw up a resolution creating the district. 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. Public Hearing - estimated assessment - Commission Resolution No. 2028 - SID 577- paving Beall Street - $llO,OOO.OO This was the time and place set for a public hearing on levying the final assessment for the paving construction of Beall, SID No. 577 in the amount of $110,000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally, and there being no written protest on file. it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No 2028 provisionally passed and adopted on November l. 1978, be finally passed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner I Swanson, and Mayor Sedivy. those voting No, none. Public Hearing - Commission Resolution No. 2029 - assessing street lighting - $22.245.68 - Final passage This WRR the time anG place set for a public hearin~ on levying the final assessment for lighting district maintenance and electrical cost for special improvement lighting districts of the City of Bozeman, in the amount of $22,245.68. Affidavit of publication of Notice was presented. No one appeared to protest verbally. and there being no written protest on file, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Reso- lution No. 2029 provisionally passed and adopted on November 1, 1978, be finally passed. The , \. f 1....10':'" 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. . Public Hearing - Commission Resolution No. 2030 - assessing street cleaning - $30,114.03 Final Passage I This was the time and place set for a public hearing on levying the final assessment for the taxes upon all the property in street sprinkling districts of the City of Bozeman in the amount of $30,ll4.03. Affidavit of publication of Notice was presented. No one appeared to protest verbally and there being no written protest on file. it was moved by Commissioner Vollmer, seconded by Commissioner Swanson. that Commission Resolution No. 2030 provisionally passed and adopted on November 1, 1978, be finally passed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab. those voting No. none. Public Hearing - Commission Resolution No. 2031 - Final - Off-Street Parking - $750.000.00 Final Passage This was the time and place set for a public hearing on levying the final assessment to establish off-street pa~ng facilities in the amount of $750.000.00. Affidavit of publication of Notice was presented. No one appeared to protest verbally and there being no written pro- test on file. it was moved by Commissioner Swanson. seconded by Commissioner Vandeventer. that Commission Resolution No. 2031 provisionally passed and adopted on November l, 1978, be finally passed. The motion was carried by the following Aye and No vote. those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab. Commissioner Vollmer and Mayor Sedivy, those voting No, none. Doug Rand Architect - Change Order - Senior Citizens Social Center - Edsall Construction A change order prepared by Doug Rand. Architect for the Senior Citizens Social Center I was presented as follows: Description - Item 1 - Spacing strip lighting on the exposed trusses at this time - replace the ballasts in 12 fixtures. Cost $175.00 Item 2 - Move 2 "B" fixtures in Kitchen Cost 80.60 Item 3 - Three additional 2'-0" two tube strips to complete valance lighting. Cost 55.80 Item 4 - Add extra light switching by rooms #105 & 106 Cost 83.00 Item 5 - Three additional circuits Cost 93.00 Installation of two emergency light packs at two basement stairway landings Cost - 429.00 The City Manager concurred with the recommendation of the Architect also concurred in by John Evans, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer. that the change order in the amount of $916.40 be accepted and approved. 'and the motion was carried by ': I 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. ;; Raffle License applications - Ducks Unlimited - November lO, 1978 The City Manager presented an application from Ducks Unlimited, along with the required fee, for a raffle to be held on November 10. 1978. It was moved by Commissioner Vollmer. seconded by Commissioner Swanson. that the Commis- sion approve the application for the raffle licnese. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy. those voting No. none. (' 0 (' Juo Proclamation - Optimist Club - "Youth Appreciation Week" November l2-l8 .~ . Mayor Sedivy proclaimed the week of November 12-18 as "Youth Appreciation Week" in . Bozeman and asked that the citizens of Bozeman have faith in the ability of todays youth as they assume responsible roles in the future of mankind. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission endorse the Mayors proclamation. The motion was carried by the following Aye I and No vote. those voting Aye being Commissioner Swanson. Commissioner Vandeventer. Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting no, being none. Reports The following reports were presented: Police Department for October Building Inspector for October Library for October The City Manager commented on the above reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab. that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote. those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer. Commis- sioner Swanson and Mayor Sedivy, those voting No. none. Abandonment of railroad right-of-way south and west of Bozeman A discussion was held on the abandonment of the railroad right-of-way south and west of Bozeman and from Main Street tothe Old Mill road on Bridger Drive. The City Engineer advised the Commission that if the Story Hills project continued it would be beneficial to the City to purchase right-of-way for access to the Story Hills area. The Commission directed the city staff to work out a more detailed description of the right-of-way plans for it and methods of funding the purchase. I Adjournment There being no further business to come before the Commission, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer. that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab. Commissioner Vollmer. and Mayor Sedivy, those voting No, none. ./ /' /1 ~. '"""> /,/ ~"e<:'~ ./ -, / ,.,."~,,,,^ " ' " ? r;;/ ,~~ #/. .,a~ / ~ ,~'-"bt">>~..?;: " ' ,,' ,~ .. EDMUND P. ~DIVY./ SR. ...&fAYOR ......-~-----::::: .----'.- / ATTEST: /" - t'd/n~ / ~~~~ ERNA V. HARDING, CL~RK OF~ CITY COMMISSION .. - I , .