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HomeMy WebLinkAbout1977-06-08 Bozeman, Montana 233 June 8, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 8, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Acting City Manager Wolf, City Attorney Berg and the Clerk. I Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting held on June l~ 1977, were approved. Accept Contract Documents for Miscellaneous walk and curb program for 1977 The Contract Documents for the construction and reconstruction of miscellaneous sidewalks and curbs in the amount of $39,876.50 was presented. It was moved by Commission MacNab, seconded by Commissioner Vollmer, that the contract documents be approved and the Mayor and Clerk of the Commission be autho- rized and directed to sign the contracts for the City of Bozeman, and that Concrete Specialties be authorized to proceed with construction and reconstruction of the miscellaneous sidewalks and curbs. The cashiers check covering the bid security is to be returned to Concrete Specialties. 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. Approve Change Order No. I for SID No. 570 - Scorm Drain in Figgins Addition Change Order No. I on SID No. 570 prepared by Thomas, Dean and Hoskins, Inc. , I to become a part of the original contract for storm drain improvements in the Figgins Addition was presented. Description: Add a storm drain inlet at the southeast corner of Langohr and Staudaher in the Figgins Addition purpose: This inlet eliminates the need for a more expensive valley gutter. Cost: $l, 241. 00 The Acting City Manager concurred with the engineers and recommended that Change Order No. 1 be accepted as presented. It was moved by Commissioner Vollmer, secondi;!d by Commissioner Swanson, that the Change Order 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 Vollmer, Commissioner Swanson, Commissioner Vandeventer, commissioner MacNab, and Mayor Sedivy; those voting No, none Ordinance No. 987 - Amending Zoning Code, delete land use permits and Change to Building permits Ordinance No. 987 amending Sections 18.09.020 and 18.09.030 of the Bozeman I Municipal Code deleting reference to land use permits from the administration and enforcement chapter of the zoning title and providing for an effective date was presented. ORDINANCE NO. 987 AN ORDINANCE AMENDING SECTIONS 18.09.020 and 18.09.030 OF THE BOZEMAN MUNICIPAL CODE DELETING PREFERENCE TO LAND USE PERMITS FROM THE ADMINIS- TRATION AND ENFORCEMENT CHAPTER OF THE ZONING TITLE AND PROVIDING FOR AN EFFECTIVE DATE. 234 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance No. 987 amending sections 18.09.020 and 18.09.030 of the Bozeman Municipal Code be p,assed and adopted. The motion was carried by the fallowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Ordinance No. 991 - I Ordinance No. 991 amending section 18.30.020 and 18.72.0S0 relating to efficiency units as permitted uses and fraternity and sorority houses as conditional uses in the R-3 Residential-Medium density district and providing for an effective date was presented. ORDINANCE NO. 991 AN ORDINANCE AMENDING SECTIONS 18.30.020 AND 18.72.050 RELATING TO EFFICIENCY UNITS AS PERMITTED USES AND FRATERNITY AND SORORITY HOUSES AS CONDITIONAL USES IN THE R-3 RESIDENTIAL-MEDIUM DENSITY DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. Upon the Acting City Manager's recommendation, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Ordinance No. 991 be passed and adopted and in full force and effect thirty days from this date. 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. 992 - Amendin for two to four famil I ORDINANCE NO. 992 AN ORDINANCE AMENDING SECTIONl8 .33.0.30 OF THE BOZEMAN MUNICIPAL CODE RELATING TO THE LOT AREA AND WIDTH REQUIREMENTS FOR TWO TO FOUR FAMILY DWELLINGS IN THE R-4 RESIDENTIAL-MEDIUM DENSITY APARTME~TS DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. amending section 18.33.030 of the Bozeman Municipal Code was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. 992 be passed and adopted, and that it be in full force and effect thirty days from this date. 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 Hearings: A - Conditioaal Use Permit requested by Rocky Mountain Fence Co. to construct warehouse B - Conditional Use Permit requested by Gene Cook, to construct metal building for hardware store C - Conditioaal Use Permit requested by Keith Noyes to construct PUD.inRemington Addition D - Conditional Use Permit requested by Brutger Companies, Inc. , to cons.tructmotel in Tange ' s Addition E - Rezonin (R...4 to B-2) ofLotsl7 & IS, Block H A ltlon, West Ba cock Rona D. Green1.g I A) This was the time and place set for a pUblic hearing to consider the request of Rocky Mountain Fence Co., for a conditional use permit to construct a new warehouse (32' x 60'). The new structure would be attached to the existing office building located at 2001 North Rouse Avenue, several hundred fe~t south of the North Rouse- Griffin Drive intersection. Having reviewed the Planning staff's report, the Zoning Commission voted , unanimously to table the application until the original conditions of the 12/75 ---~-- 23l) t fI" conditional use permit are met. The Commission concurred in the recommendation of the Zoning Commission and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission open the hearing and continue action on the application until a recommenda- I tion is received from the Zoning Commission. 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 B) This was the time and place set for a public hearing to consider the request of Gene Cook for a conditional use permit to construct a 9,375 square foot metal and brick building for use as a hardware store. The building would be located at 2630 West Main Street or directly across Main Street from the Mountain Bell Ware- house. ~he building is located in a B-2-T zone and thus requires conditional use -- review. The Zoning Comtnission,' after consideration of the Planning staff's report, unanimously recommended approval of this conditional use request with the following conditions attached: I. That signing be limited to the signs outlined in this report. Further, that the planned district sign be located a minimum 25 feet back from the right-of- way of West Main. 2. That landscaping include the fencing outlined in this report. Also, that the landscaping specifically include four (4 ) trees (minimum 2 inch diameter) and such other grass and shrubs anticipated by the applicant. Further, that a minimum 75% of the anticipated landscaping be vegetative in nature. I 3. That-all required site improvements be completed within nine (9) months of the issuance of the permit. 4. That any outside storage of equipment materials, trash, etc. , no.. or in the future, be enclosed with a minimum 5 foot high solid fence. 5. That any ,variance in the proposed 6evelopment of the site and especially the proposed signing, be review~d by both the Building Official and the Planning staff. The Commi~sion concurred in the recommendation of the Zoning Commission, also concurred in by the Acting City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the conditional use permit application 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. C) This was the time an~place set for a public hearing to consider the request of Keith Noyes, Route 4, Bo'zeman, for a conditional use permit to construct a planned unit development consisting of .,three apartment buildings of 12 units each, I on Lot 2 of the Rearrangement of the Remington Addition. Said land being located at 1620 Remington Way. The Zoning Commission, having held a public hearing and having considered the Planning staff's report, recommended approval of the conditional use request with the following conditions attached: l. Development of the subject property shall be in conformance with the staff's revised plan which calls for 32 units. 2. That the development comply with the requirements of the fire, police, and building departments. '23fj 3. Drainage shall be subject to the approval of the City Engineer. 4. All trash shall be stored in an enclosed container_located within an enclosed structure. 5. The subject property, parking area, and sidewalks, are to be maintained in a clean and litter~free state. 6. All plans for signs shall be submitted to the Planning staff for approval. I 7. Pave ana stripe the driveway to the satisfaction of the City Engineer. 8. Install concrete bumper stops in all parking spaces. 9. No windows or doors in the four-foot breezeway between buildings two and three. 10. A complete landscaping plan, showing a permanent irrigation system be sub- mitted to the Planning Department for approval. II. A final improvement agreement be submitted prior to the issuance of any building permits. 12. No structures or trees are to be located in the two 20-foot fire lanes. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission concur with the Zoning Commission's recommendation and approve the conditional use permit application for Keith Noyes with the above conditions. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. D) This was the time and place set for a public hearing to consider the request of Brutger Companies Inc. , One Sunwood Drive, St. Cloud, Minnesota, for a conditional I use permit to construct an eighty-one unit motel on Lot 6 of Block I, and Lot 2 of Block 2 of Tange's Addition to Bozeman, Montana,. and located on the_ west side of North Seventh Avenue and immediately south of the Ramada Inn. The Mayor recommended that the hearing be opened and continued until the City receives a report from the Zoning Commission. Mrs. Bonnie Hash, a resident of the area, presented a petition in opposition to this conditional use permit which was signed by 100% of the resident owners. She again stated that this area is zoned R-3 and should be left as a buffer zone between the North Seventh Avenue commercial strip and surrounding residential properties. Mr. Joe Gary, legal representative for Brutger Companies, Inc. , was also present to offer further comments. Following considerable discussion, the Mayor stated the hearing would be con- tinued until a recommendation was received from the Zoning Commission. E) Having continued action on the request of Ronald D. Greenig of 1013 West Babcock for a zone change from R-4 to B-2 for a period of one week for further I study and a legal opinion, it was again presented for discussion and a final decision. Following an extensive discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission concur with the recommenda- tion of the Acting City Manager to rezone the property owned by Ronald D. Greenig, 1013 West Babcock Street, from R-4 to B-2-T in place of the B-2 as requested by 237 Mr. Greenig. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Commissioner Vollmer; those voting No being Mayor Sedivy. Request from Harrington's, Inc., for sidewalk sale on June 20, 21 & 22 I A letter received from Harrington's Inc., 407 West Main Street, requesting permission to conduct a three-day sidewalk sale in front of their premises on June 20, 21 and 22 was presented. Following discussion, it was moved by Commissioner MacNab, seconded by Commis- sioner Vollmer, that permission be granted to Harrington's to conduct the three-day sidewalk sale as requested. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Swanson and Commissioner Vandeventer; those voting No being Commissioner Vollmer and Mayor Sedivy. Resolution No. 1876 - Setting bond amount, maturity date for SID 576 ($88,000.00 and January I, 1977) The Acting City Manager presented Commission Resolution No. 1876, setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 576, entitled: COMMISSION RESOLUTION NO. 1876 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 576. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that I Commission Resolution No. 1876 be passed and adopted, 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 Mayor Sedivy; those voting No, none. Resolution No. 1877 - Setting bond amount and maturity date for SID 578 ($60,000.00 and January I, 1977) The Acting City Manager presented Commission Resolution No. 1877, setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 578, entitled: .eOMMISSION RESOLUTION NO. 1877 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVEMENT DISTRICT NO. 57lL It was moved be Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 1877 be passed and adopted. 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 I Sedivy; those voting No, none. Plans and Specifications for seal coating. Authorize call for bids for June 29, 1977 Plans and specifications for the construction of seal coat improvements as prepared by Thomas, Dean and Ho skins, Inc. , consulting engineers, was placed before the Commission. -----~- -~- ._~--~- 238 Upon recommendation of the Acting City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the plans and specifications as presented be approved and the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of seal coat street improvements with an opening date of June 29, 1977. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. AGreement with State Highway - Traffic light, 5th and Main; bouncing ball, Rouse and Lamme An' Agreement by and between the Department of Highways of the State of Montana and the City of Bozeman whereby the state proposes to install a traffic light at the intersection of Fifth Avenue and Main Street and a bouncing ball pedestrian light at the intersection of North Rouse Avenue and East Lamme was placed before the Commission. The Commission concurred in the recommendation of the Acting City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City enter into the Agreement with the Department of Highways of the State of Montana and the Mayor and Clerk be directed to sign the Agreement. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and I Mayor Sedivy; those voting No, none. Beer License: UCT for June 8 and 9 The Acting City Manager presented an application from the United Commercial Travelers, along with the required fee, for a retail City beer license for the period of June 8 and 9, 1977. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the United Commercial Travelers, having met all requirements, be granted a license to sell beer for the period of June 9 and 10. 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. Report: Monthly Police The Acting City Manager commented on the Monthly Police report and recommended it be accepted a:pd ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the report be accepted and ordered filed. The motion was carried by the I following Aye and No vote: those voting Aye being Commissioner Swanson, commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. 239 Appointment of Keith Swanson to Planning Board Effective June 1, 1977 Mayor Sedivy announced his appointment of Commissioner Swanson as a member of the Planning Board effective June I, 1977. Commissioner Swanson replaces Robert A. Taylor. I It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission concur in Mayor Sedivy's appointment. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab and Commissioner Vollmer; those voting No, none. Silent Prayer - In Memory of Thurman Cloninger, deceased Commissioner Vollmer stated, "In all due respect to Thurman Cloninger now would be the just time for a moment of silent prayer." Mayor Sedivy commented, "He was a very devoted public servant." The City Commission and staff stood in a moment of silent prayer for former Park Superintendent Thurman Cloninger, deceased. Claims for May 1977 Claim numbers 25939 thru 26153 and 9234 thru 9446 inclusive were presented. Cemetery $ 893.06 SID's $127,129.44 Garbage 7,199.79 Street 8,252.50 General 38j765.92 Water 6,772.33 Library 4,005.68 B.V. Fed. 122.71 Park 6,128.99 Stores 5,117.80 Parking Meter 134.90 Supplies 86.30 Planning Board 875.30 Gas Tax 6,483.82 SDS 2,324.15 HUD 3.49 I Total $214,596.18 The Acting 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 MacNab, seconded by Commissioner Vollmer, that the claims be approved as presented, 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 Vol'lmer ,'~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 Mayor Sedivy; those voting_No, none. I ATTEST: p /~ /'" ".,~ ,(. ~" . /"I .&::;;o.;t'<{, ,/ E~NA V. HARDING \ Clerk of the City Commission --.- ---- --- -- ~--~.~.~