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HomeMy WebLinkAbout1977-05-18 ,21,7 Bozeman, Montana May 18, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 18, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commi-sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Wolf, Acting City Attorney Andriolo and the Clerk. I Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on May 11, 1977, were approved. Public Hearings: (a) Zoning Change - B-2 & R-O to B-2-T & R-O, as requested by Staff (b) Zoning Change - B-2 & R-O to B-2-T & R-O, as requested by Gene Cook (c) Conditional Use Permit for addition to warehouse, requested by Premier Homes (2400 No. 7th Avenue) (d) Conditional Use Permit - apartments on second floor of building at 229 E. Main (Restvedt's Meat Market) (e) Conditional Use Permit to construct a 2,000 square foot bldg. on one-acre tract, 1602 N. Rouse - Brian Marler a) The request from the Bozeman City-County Planning staff to change the zone classification from B-2 and R-Q to B-2-T and R-Q portions of Block 3 of Kirk's Addition No. 4, the Triangle Annexation and portions of the S~, S~ of Sec. 11, T2S, R5E, MPM, was presented. The land lies along both sides of Highway U.S. 191 between West College and West Babcock Streets. The parcel is split into two zoning districts (B-2 and R-Q) with the boundary line drawn parallel to U.S. 191 - West Main Street, to a depth of 250 feet. The line does not coincide with any of the existing property lines in the area, serving only to hinder development. Several property owners were present to protest the zone change. They felt the T designation would cause a hardship on a few property owners. Mr. Klabunde wondered if the (T) designation was legal as some property owners would be required to do more than others. It was proposed by the Planning staff that the B-2 commercial district along U.S. 191 between the proposed University Mall and up to and including the proposed Main Mall be designated a transi- tional district. The Zoning Commission, after consideration of the Planning staff's report, recommended I approval of the Zone Change from B-2 and R-Q to B-2-T and R-O with the following conditions: l. The zoning boundary be altered per staff work-up (Figure 1). 2. The "T" designation be added to the present B-2 zone under consideration as noted on the staff workup. Also, that this area be included in transitional district number 6 and that the specific standards of "T" district 6 include the following: 3. The location of district number 6 is along highway 191, at the westgate of Bozeman and adjacent to a Highway Business District. The purpose of this district is to protect the residential development to the east and north of this area, to control protential access congestion, and to enhance visual aspects of future development. a. Caution should be taken to provide protection in the form of height restrictions, signing restrictions, landscaping and exterior construction to lessen any detrimental effect on the single family residential development. b. It shall be required that future development proposals shall include all practical means of minimizing future congestion on U.S. Highway 191. Where feasible, joint access approaches serving two or more properties shall be considered in addition to the proper spacing between ingress-egress points on adjoining properties. There being no further comments, the Mayor declared the hearing closed and the City Manager recommended that the Commission concur with the recommendation of the Zoning Commission and approve the zone change with the above conditions. The change would not apply to permits issued at this time and will not apply up until the amended zoning ordinance becomes effective. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request from the Bozeman City-County Planning to change the zon~ classification from B-2 and R-Q to B-2-T and R-O with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner I Swanson, and Commissioner Vandeventer; those voting No being Mayor Sedivy. b) This was the time and place set for a public hearing to consider the request of Gene Cook for a zone change from B-2 & R-Q to B-2-T & R-Q, a small parcel of land located at the western edge of Bozeman in the triangle annexation, bounded on the north and west by U.S. 191, West Main Street, and on the south by West College Street. This parcel is presently the site of Horseshoe Antiques. This parcel is split into two zoning districts (B-2 and R-O) with the dividing boundary line drawn parallel to U.S. 191 West Main Street to a depth of 250 feet. 21,S It was proposed by the Planning staff that the B-2 commercial district along U.S. 191 between the proposed University Mall and up to and including the proposed Main Mall be designated a transitional district. There being no further comments, the Mayor declared the hearing closed and the City Manager recommended that the Commission concur with the recommendation of the Zoning Commission and approve the zone change with the following conditions: 1. The zoning boundary be altered per staff workup (Figure 1). I 2. The "T" designation be added to the present B-2 zone under consideration as noted on the staff workup. Also, that this area be included in transitional district number 6 and that the specific standards of "T" district 6 include the following: 3. The location of district number 6 is along Highway 191, at the westgate of Bozeman and adjacent to a Highway Business District. The purpose of this district is to protect the residential development to the east and north of this area, to control potential access congestion, and to enhance visual aspects of future development. a. Caution should be taken to provide protection in the form of height restrictions, signing restrictions, landscaping and exterior construction to lessen any detrimental effect on the single family residential development. b. It shall be required that future development proposals shall include all practical means of minimizing future congestion on U.S. Highway 191. Where feasible, joint access approaches serving two or more properties shall be considered in addition to the proper spacing between ingress-egress points on adjoining properties. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission concur in the recommendation of the City Manager changing the zone classification from B-2 & R-O to B-2-T & R-O. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Commissioner MacNab; those voting No being Mayor Sedivy. c) This was the time and place set for a public hearing to consider a Conditional Use Permit requested by Premier Homes, Inc. , 2400 North Seventh Avenue. The Conditional Use Permit would authorize the construction of a 50' x 80' addition to the existing warehouse on Lot 18 of the Gordon Mandeville State School Section Subdivision, Gallatin County, Montana. The Zoning Commission, after consideration of the Planning staff's report, recommended I approval of the Conditional Use Permit as requested with the following conditions: 1. That parking for the new building be located adjacent to the building. 2. That signing for the new building be limited to one non-illuminated building sign of 20 square feet of less. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the recommendation of the Zoning Commission, also concurred in by the City Manager, and 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 Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. d) This was the time and place set for a public hearing to consider a Conditional Use Permit requested by Steven Killorn, 229 East Main Street. The Conditional Use Permit would authorize the use of the second floor of the building for apartments on the East 19.67' of Lot 8 and the West 7.71' of Lot 9, Block D in the Original Townsite of the City of Bozeman, Montana, located at 229 East Main Street and known as Restvedt's Meat Market. The Zoning Commission, after consideration of the Planning staff's report, recommended approval of the conditional use request with the condition that parking be provided and signed for the exclusive use of the two apartments. Further, that this parking be of the number, size, location, and development prescribed by the ordinance and that this parking meet the approval of the Building Inspector. The Commission concurred with the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the application for the conditional use permit with the above conditions. I 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. e) This was the time and place set for a public hearing to consider a Conditional Use Permit requested by Brian Marler, 15 South Eighth Avenue. The Conditional Use permit would authorize the construction of a 2,000 sq. ft. building on a one acre tract of land in the NW~, SW~, NE~ of Sec. 6, T2S, R6E, MPM, in the City of Bozeman. Said property is located at 1602 North Rouse Avenue and owned by Mike Schlegal. ~ -- ~-------- ---~--~- - H_ _ -" 21{} The applicant wishes to erect the building for use as a body shop in conjunction with the sales lot. The tract is located in an M-l-T zone which requires a conditional use permit. The staff, after reviewing the application, recommended approval of the Conditional Use Permit with the following conditions: 1. That any required sewer and water facilities be installed to the satisfaction of the City Engineer and/or the County Sanitarian. I 2. That parking be provided as required by the ordinance and to the satisfaction of the Building Inspector. 3. That one non-illuminated ground sign of 50 square feet or less be used for both the body shop and the used car sales combined. 4. That no outside storage of cars waiting to be serviced or repaired and used parts, etc., be permitted on the site. 5. That all outside areas of the site be maintained in a clean, well kept manner so as not to pose any nuisance to adjacent properties. 6. That all required site improvements be made within nine (9) months of the issuance of the conditional use permit. Following discussion, the Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for a conditional use permit with the above conditions, unless and until the flood hazard has been alleviated by proper channeling of the potential flood hazard to either the irrigation system or to the creek on the east, then no building permit may be issued. 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. Open Bids for vehicle fuel (for approximately 90-days supply) This was the time and place set for opening bids for the purchase of 24,000 gallons regular gasoline, 5,000 gallons lead free gasoline and 3,000 gallons No. 2 diesel fuel. The affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be opened and read, and the motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. The following bids were then opened and read: Standard Oil Company None Story Distributing Company - Regular Gas - .5245 Lead Free Gas .5425 No. 2 Diesel Fuel .4090 Upon recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the bid be awarded to Story Motor Supply on the basis of their bid, it being the only bid submitted and meeting or exceeding the specifications in the "Call for Bids". This bidder provides Texaco products. 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. Open Bids - SID No. 576 - Watermain and Sanitary sewer in West Park Manor Second Addn., Subdivision SID No. 578 - Watermain and Sewer Lateral - Lots 1-17, Blk 1 - West Park Manor This was the time and place set for opening bids for the construction of watermains and sanitary sewer lines in West Park Manor Second Subdivision, SID No. 576, and for the construction of Watermains and Sewer Laterals in Lots 1-17 Inc., Block 1, West Park Manor, First Addn. SID NO. 578. Affidavit of publication of "Notice to Bidders" was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the bids be opened and read, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, I and Mayor Sedivy; those voting No, none. The following bids were then opened and read: Barnard Construction, Box 362, Bozeman $131,576.55 Graf Construction, 4203 Carlton Ave., S . W., Billings 132,319.67 Holms Sutherland Co., Inc. , Box 578, Billings 96,503.15 Intermountain Construction, Bozeman 125,675.75 Johnson Excavating, 1431 S. 4th Avenue, Bozeman 89,439.60 Rehbein Contracting, Inc. , Box 339, Plains, MT 106,027.00 T & T Builders, Box 20483, Billings 121,211. 00 W.D. Construction, Box 428, Bozeman 111,367.10 2~ The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be referred to the consulting engineers, Thomas, Dean and Hoskins, Inc., and the City engineering staff for final tabulation, consideration and recommendation on Wednesday, May 25, 1977. The bid security checks are to be returned to all but the three lowest bidders. 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 Request to allow an Animal Research Laboratory in the M-l Zone (adjacent to Peavey Mill, Corner of Wallace and Cottonwood) A letter received from Eric Anderson of the Anderson Research Laboratory, requesting the allowance of an animal research laboratory in the M-l zone -- adjacent to the Peavey Mill, at the corner of Wallace and Cottonwood Streets was presented. A research of the zoning literature indicates that such a use is usually allowed in an industrial or manufacturing district subject to certain performance standards. Mr. Anderson was present to discuss the proposed research laboratory, and the type of work to be done which would involve its animals. He also commented that he would employ the mentally handicapped, since his involvement needs and the ability of many handicapped persons were compatible. Presumably a home for the mentally handicapped is located close to the mill. Following discussion, the City Manager recommended the request be delayed for a period of thirty days or until a clarification is made of the ordinance and a recommendation is received from the staff. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission delay action on the request for further study and a clarification of the ordinance and recommeda- tion from the City staff. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swansmn, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. Consider Bids for vibratory roller (for Water Department) opened May II, 1977 I The Water Superintendent, having completed his study of the bids for the new double-drum walk-behind, diesel-powered vibratory roller for the Water Department, recommended the bid be awarded to Tri-State Equipment, Inc., Billings, in the amount of $4,902.45, it being the lowest bid and equaling or exceeding the specifications as contained in the "Call for Bids". Upon the City Manager's recommendation, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the purchase of the vibratory roller be awarded to Tri-State Equipment, Inc., Billings. 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. Resolution No. 1875 authorizing land transfer between the City of Bozeman and Life of Montana Insurance Commission Resolution No. 1875 authorizing the Mayor and Clerk of the City Commission to execute and deliver documents necessary to effect an exchange of lands between the City of Bozeman, Montana, and Life of Montana Insurance Company was presented, entitled: COMMISSION RESOLUTION NO. 1875 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE MAYOR AND CITY CLERK OF SAID CITY TO EXECUTE AND DELIVER DOCUMENTS NECESSARY TO EFFECT AN EXCHANGE OF LANDS BETWEEN THE CITY OF BOZEMAN, MONTANA, AND LIFE OF MONTANA, AN INSURANCE COMPANY WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN BOZEMAN, MONTANA. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in the recommendation of the City Manager authorizing and directing the Mayor and Clerk of the Commission to execute and deliver a warranty deed conveying real property from the City of Bozeman to the Life of Montana Insurance Company in exchange for a warranty deed from the Life of I Montana Insurance Company to the City of Bozeman for other real property. 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. Ordinance No. 989 which regulates the demolition of buildings and structures Ordinance No. 989 for the purpose of regulating and controlling the demolition of building and structures in the City of Bozeman and providing for the issuance of permits and collection of fees therefore and entitled: 221 ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, REGULATING AND CONTROLLING THE DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF BOZEMAN, MONTANA; PRO- VIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE: PROVIDING FOR A DISPOSAL FEE; PROVIDING FOR THE DEPOSIT OF A SURETY BOND OR OTHER GUARANTEE TO SECURE THE REMOVAL OR DEMOLITION OF ANY SUCH BUILDING OR STRUCTURE; PROVIDING FOR A SAVE AND HOLD HARMLESS AGREEMENT AND FILING OF A PUBLIC LIABILITY INSURANCE POLICY NAMING THE CITY AS A NAMED INSURED; PROVIDING THAT THE PERMIT MAY BE I REVOKED; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ANY AND ALL ORDINANCES OF THE CITY OF BOZEMAN IN CONFLICT THEREWITH. as prepared by the City Attorney was presented. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Ordinance NO. 989 be passed and adopted. 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. Ordinance No. 988 regulating and sale and consumption of alcohol beverages at Municipal parks Ordinance No. 988 permitting the sale and consumption of beer at the East Side Municipal Recreation Complex on a special permit basis as prepared by the City Attorney was presented, entitled: ORDINANCE NO. 988 AN ORDINANCE PERMITTING THE SALE AND CONSUMPTION OF BEER AT THE EAST SIDE MUNICIPAL RECREATION COMPLEX ON A SPECIAL PERMIT BASIS. A special permit to sell beer to patrons attending a softball or baseball game at the Bozeman East Side Municipal Recreation Complex to be consumed at said complex must be acquired. The permit shall specify the location of the baseball or softball game, the period for which the permit is to be held and shall be signed by one or more of the officers of such association or corporation and shall be accompanied by the amount of the permit fee hereinafter prescribed. Following discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the ordinance be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting I No being Commissioner Swanson. Consideration of request to vacate alley - Lots 8 and 9, Kirk's Subdivision Having deferred action on the request from the First Church of the Nazarene on South 19th Avenue to vacate a portion of an alley between Lots 8 and 9, Kirk's Subdivision, for an on-the-ground inspection and further study, the request was again presented. The alley extends all the way from Babcock to Dickerson Streets and will be used by the City garbage trucks as well as for sewer maintenance. Therefore, the City Engineering staff and the Street Superintendent recommended denial of the request. In concurrence with the City Manager's recommendation, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request to vacate a portion of an alley between the church and parsonage be denied. 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. ~ Establish date for bond sale for sidewalk program for 1977 - June 15, 1977 Plans and specifications covering the construction, replacement and.re~air of such concrete sidewalks and curbs had been placed before the Commission on April 13 at which time a call for bids was authorized for May 4, 1977. The bid was awarded to Concrete Specialties of Bozeman in the amount of $39,876.50 and the City Manager recommended that the Clerk of the Commission be authorized and directed to advertise for the sale of bond in the approximate amount of $40,000.00 to be received on June 15, 1977. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Clerk of I the Commission be directed to advertise for a Bond sale for the construction, replacement and repair of sidewalks and curbs to be opened on June 15, 1977. 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. Report: Library The City Manager commented on the report of the Librarian and recommended it be accepted and ordered filed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the report 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. 22:2 KBOZ Parade - Wednesday, May 18, 1977 , at 6:00 p.m. A letter received from Paul VannEhlis, Program Director of KBOZ, requesting permission to stage a mini-parade on Wednesday, May 18, at 6:00 o'clock p.m. with police protection was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request to hold the mini-parade be granted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mtyor Sedivy; those voting No, none. I Municipal Bank Director - 1977 - Gordon Wickham A letter received from Ralph C. Challender, Secretary-Treasurer of the Bozeman Municipal Band, stating the City Municipal Band Board of Directors selected Gordon Wickham as the Director of the Band for the 1977 season was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur in the selection of Gordon Wickham as band director. 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. Bozeman Municipal Band - Request to march in Rodeo Parade - June 14, 1977 The band requested permission to march in the Rodeo Parade sponsored by the Saddle Club on June 14, 1977 . The performance would be furnished by allotment from the Music Performance Trust Funds. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that permission be granted the Bozeman Municipal Band to march in the Rodeo parade as scheduled on June 14, 1977 . 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. Veterans of Foreign Wars "VFW Poppy Day" - May 21, 1977 Mayor Sedivy proclaimed May 21, 1977 , as "Buddy Poppy" day in Bozeman in accordance with a request from the Veterans of Foreign Wars and urged every citizen of this community to recognize the merits of this cause by contributing generously to its support through the purchase of poppies on May 21, 1977 . It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission I concur in the Mayor's proclamation 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. Adjournment There being 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, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and ~ ATTEST: ~- o Ycfjj;j/~ c;C .' :-::...,....~ t:... ('" c:~7 ERNA V. HARDING Clerk of the City Coniinission I