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HomeMy WebLinkAbout1976-07-14 I I I Bozeman, Montana 14 July 1976 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 14 July 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, City Manager Frys1ie, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 7 July 1976. were approved as read. Absence of Commissioner Taylor Authorized Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the absence of Commissioner Taylor, from this meeting, be authorized in compliance with Section 11-3245. R.C.M., 1947, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Continued Bond Sale - $159,000. Walk and Curb The City Manager announced that this was the time and place set for the continuation of the bond sale for the Mendenhall-Babcock project in the amount of $159.000.00. A letter received from the First National Bank, whereby they agreed to join with the First Security Bank and the Montana National Bank of Bozeman, and submit a written bid for the purchase of the Curb and Gutter Bonds in the amount of $159,000.00 was presented. Having presented their good faith check in the amount of $7,905.00, the written bid submitted by the three banks was 6.95% per annum. It was then announced that oral bids for the purchase of the bonds would be received. D. A. Davidson having presented their good faith check then submitted an oral bid in the amount of 6.75% per annum. Following the recommendation of the City Manager, it was moved by Commissioner Sedivy. seconded by Commissioner Vandeventer, that the bid of D. A. Davidson and Company, r.reat Falls, it being the lowest and best bid submitted, the sale of the bonds be awarded to D. A. Davidson and the bid security of the unsuccessful bidders be returned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Conditional Use Permit - Matzinger Having continued action on the request of R. P. Matzinger for a Conditional Use Permit to allow him to construct a prepainted metal building on the front portion of an existing lot on Bridger Drive until a recommendation had been received from the Zoning Commission was again presented for discussion and a final decision. Following an extensive discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission concur in the Zoning Commission's recommendation and approve the request for the Conditional Use permit with the following conditions: 1) That any uses of the building be strictly limited to permitted M-l uses. 2) That signing be limited to one flush, building mounted. non-illuminated sign, less than 100 square feet in area. 3) That approval of the proposed septic disposal system by the County Board of Health be secured before a building permit is issued. 4) That the proposed building site be moved westward 20 feet as per the staff workup, to allow for a wider driveway for any future development. 14 5) That all landscaping and paving be completed within nine (9) months of building occupancy. 6) That the present open storage area which is to serve as parking be cleaned up and all salvage material removed from the site or be effectively screened with a minimum 6 foot high solid wooden fence. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Conditional Use Permit - Bozeman Sheet Metal This was the time and place set for a public hearing to consider the request of Mr. Amberson and Mr. DeGidio, of Bozeman Sheet Metal, for a Conditional Use Permit to construct a 6,000 square foot prefab metal building to be used as a dead storage warehouse for the Bozeman Sheet Metal Company. The building would be located on tract 6A of the Bozeman Industrial Park Subdivision, Griffin Drive, just west of the interesection of North Rouse Avenue and Griffin Drive. The tract is located on an M-I-T zone. The Zoning Commission, after consideration of the Planning staff's report, voted unanimously to recommend approval of the conditional use request with the following conditions: 1) That the Planning staff workup of the proposal govern the development of the site. 2) That signing be strictly limited to one flush building mounted, non-illuminated sign of less than 100 square feet. 3) That the required landscape buffer along the east side (mobile home park side) of the site be reduced to ten (10) feet to accommodate the proposed building, and that this buffer area be maintained as a clean, gravelled area and be separated from the parking area by a curbing or buffer. 4) That paving of the parking area be waived until such time as the building might be used for daily occupancy. 5) That the required front yard area be landscaped to specifically include five, 2" minimum diameter conifer trees, set in ground cover of decorative rock, small bushes and boulders. 6) That all required landscaping and gravelling of the site be completed within nine (9) months after occupancy of the building. Following discussion, the Commission concurred in the recommendation of the Zoning Commission, and it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission approve the application for the Conditional Use Permit with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Hearing, Ordinance No. 962 - Formula for SID 565 - Downtown Parking It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the hearing to consider Ordinance No. 962, establishing a formula for the method of assessment of property in Special Improvement District No. 565 in the City of Bozeman, for establishing off-street parking facilities in the City of Bozeman be continued for a period of one week until 21 July 1976. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. lkaring, Commission Resolution No. 1796 - Intent to Create SID No. 566 Paving Commission Resolution No. 1807 - Creating SID 566 Remington Addition This was the time and place set in Commission Resolution No. 1796 to hear protests to the creation of Special Improvement District No. 566. 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. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission Resolution No. 1807 creating Special ':I I I I I I I Improvement District No. 566 for the purpose of paving Remington Addition as prepared by the City Attorney be passed and adopted. COMMISSION RESOLUTION NO. 1807 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVE- MENT DISTRICT NO. 566 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CON- STRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEr.RAL CONCRETE CURBS AND GUTI'ERS, AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND INSTALLATION OF NECESSARY STORM DRAINAGE PIPE, DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON PORTIONS OF REMINGTON WAY SHOWN ON THE AMENDED SUBDIVISION PLAT OF THE REARRANGEMENT OF LOT 2 AND LOT 6, REMINGTON ADDITION TO THE CITY OF BOZEMAN, MONTANA. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Amendment to Zone Code - Density The request from the City-County Planning staff to amend the lot area requirements of Sections 9 (R3 residential-medium density), 10 (R4 Residential medium density apartments), and Section II (R5 residential-high density) of the Zoning Ordinance having been tabled for further study, was again presented. The staff's purpose in seeking this amendment was to bring the lot area requirements of the zoning code more into line with recommended densities outlined in the Bozeman Area Master Plan. After consideration of the past meetings as well as comments received, the Zoning Commission voted unanimously to amend Section 10 and Section 11 of the zoning code to read as follows: A. That Section 10.3 LOT AREA AND WIDTH he amended to read: 1. Lot area for single-family dwellings shall not be less than 5,000 square feet with a minimum lot width of 50 feet. 2. Lot area for other buildings shall not be less than 5,000 square feet plus 2,300 square feet for each additional unit over one with a minimum lot width of 50 feet. B. That Section 11.3 LOT AREA AND WIDTH be amended to read: 1. Lot area for single-family dwellings shall not be less than 5,000 square feet with a minimum lotwidtli of 50 feet; 2. Lot area for two to four family shall be 5,000 square feet plus 1,600 square feet for each additional unit over one with a minimum lot width of 50 feet. 3. Lot area for apartment buildings up to two stores shall not be less than 5,000 square feet plus 790 square feet for each additional dwelling unit over one. Minimum lot width shall be 50 feet. 4. Lot area for apartment buildings three or more stores shall not be less than 5,000 square feet plus 600 square feet for each additional dwelling unit over one. Minimum lot width shall be 50 feet. It was moved by Commissioner Lehrkind, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Zoning Commission to amend sections lO and 11 of the zoning code. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vandeventer, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Sign Code Variance - John Hooper - Buttrey's Shopping Center A request from John Hooper for a Sign Code Variance to place a temporary wooden sign on the front of J. W. 's Hide-A-Way Lounge located in the Buttrey Shopping Center was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the request for the Sign Code Variance be tabled for a period of one week for additional study and a recommendation by the staff. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. 15 '1.....'..6... " ' '.' 1976 Walk and Curb Program Having continued action on the 1976 sidewalk and curb program for an additional week for the purpose of inspecting the area and checking on the protests and objections registered by property owners of the area, the program was again presented for discussion and a final decision. The Commission agreed that the new sidewalks as recommended were needed and it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission go along with the original sidewalk and curb proposal with the exception of the south side of Villard Street from North Tracy to North Black Avenue which project would be delayed for a period of one year. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer; and Mayor Vollmer; those voting No being Commissioner Lehrkind. First National Bank - Tree Planting in Sidewalks A letter received from Mr. Glen Fries of McLaughlin, Kommers Architects for First National Bank of Bozeman, requesting permission to plant three trees in front of the First National Bank of Bozeman, was presented. Following a thorough discussion, it was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that Mr. Glen Fries of McLaughlin and Kommers Architects be granted a variance to the City Code to plant three trees in front of the First National Bank contingent upon not interfering with the utilities in the area and that the planting of the trees be cleared with the City Engineer. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Review Preliminary Budget for Fiscal Year 1970-1977 The City Manager assisted by the Director of Finance explained the proposed preliminary budget for the fiscal year ending 30 June 1977. Request for Annexation - A. E. McChesney A letter received from Bruce Mecklenburg, representing A. E. McChesney, petitioning the City of Bozeman to annex approximately 23.45 acres of land bounded by Hiway No. 10 on the West, 1-90 on the South and Griffin Drive on the North, was presented. Following a discussion, the Commission concurred in the recommendation of the City Manager. and it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission acknowledge receipt of the petition and instruct the City Attorney to draw up a resolution of intent to annex the 23.45 acres of land bounded by Hiway No. lO on the West, 1-90 on the South and Griffin Drive on the North to the City of Bozeman. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind,Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Annual Fireman's Omvention in Miles City, 15-17 July 197C - Dan Figgins The annual Fireman's Convention is scheduled to be held in Miles City l5-l7 July and the Fire Chief requested authorization to send Captain Dan Figgins and one Firefighter to the convention. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that authorization for Captain Dan Figgins and one Firefighter to attend the convention be granted and, it being in the public interest their expenses be paid from the general fund, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. I I I I I I Request for Parade - Bozeman BPOE Elks No. 463 A letter received from Convention Chairman Bill Pavlus of the Bozeman Elks Lodge No. 463, requesting permission to conduct a parade on Saturday, 17 July at 2:00 p.m. to begin at Buttrey's parking lot, proceeding down Main Street to Rouse Avenue and South to Babcock Street and terminating at the parking lot of the Elks Club, was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the request to conduct the parade be granted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Raffle License - Bozeman r~llatin Empire Lions Club - 20 October 1976 The City Manager presented an application from the Bozeman c~llatin Empire Lions Club along with the required fee for the purpose of holding a raffle on 20 October 1976. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission approve the application for the raffle license and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. r~mbling License - Christopher Cutler - Card Tables The City Manager presented an application from Christopher Cutler of the Rocking R. Card Room along with the appropriate fee of $500.00 for a gambling license for the purpose of operating two tables. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Chief of Police also concurred in by the City Manager and approve the application for the issuance of the gambling license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Change Order No. 2 - Babcock & Mendenhall, between Bozeman and Rouse Avenues Change Order No.2 on Curb and Gutter Improvements on Mendenhall and Babcock Streets, as prepared by Thomas, Dean & Hoskins, Inc., to become a part of the original contract for construction of improve- ments in the project was presented. A. Description: Excavation for and construction of two inlet boxes on Babcock Street, between Bozeman Avenue and Rouse Avenue. B. Cost: $684.75 The City Manager concurred in the recommendation of the Engineers and recommended Change Order No. 2 he accepted and approved as presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Change Order No. 2 be accepted and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Liquor License - J.W. 's Hide-A-Way Lounge The City Manager presented an application and the appropriate fee for a 1/2 year Liquor License for J.W. 'sHide-A-Way Lounge located in the Buttrey's Shopping Center, Bozeman, Montana. Upon recommendation of the City Manager, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the Commission approve the above application, for the liquor license for the one-half year. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. 17 ',:18 Reports The City Manager commented on the report of the Police Court and recommended acceptance thereof. It was moved by Commissioner Sedivy, seconded by Commissioner Vandeventer. that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Contract Ibcuments - Bozeman Blacktop The Contract documents for the Seal Coat Street Improvements was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the contract documents be approved and the Mayor and Clerk be authorized and directed to sign the contracts for the City, and that Bozeman Blacktop be authorized and directed to proceed with the construction of the Seal Coating. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No. none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Vandeventer, and Mayor Vollmer; those voting No, pone. / 9~ ~OLf; ~:,,~J ATTEST: e /:2% ~ . .~--naJ [". t.?4;~~ ERNA V. HARDING, Clerk of the City Commission I I I