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HomeMy WebLinkAbout1977-06-22 Bozeman, Montana 247 June 22, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 22, 1977, at 1:15 o'clock p.m. Present were Acting Mayor MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg, and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on June IS, 1977, were approved as submitted. Conditional Public vs. private streets and determlnatlon of park de lcatlon The public hearing to consider the request of Chequemegon Estates for a condi- tional use permit to allow the construction of 32 townhouse units on a 3.2 acre tract of land located between West Babcock Street and the north end of South Twelfth Avenue having been continued until legal counsel for the application and the City Attorney reviewed the question on park dedication and whether or not the streets are dedicated public streets or private streets was again brought before the Commission. The City Attorney and the legal counsel for the applicant held a conference and found the statutes specifically exempt park dedication, and that the regulations indi- cate that streets with less than 60 feet of right-of-way and 37 feet of pavement width will be private streets. The streets will be built according to city specifications and will be semi-private streets. The Zoning Commission, having reviewed the Planning staff's report, voted unani- I mously to recommend approval of the conditional use permit application with the follow- ing conditions: 1- The final covenant and homeowners agreements are approved by the staff. 2. That streets be developed as proposed but that the streets remain in the private ownership of the homeowners association. Further, that the cove- nants insur~ermanent maintenance of the streets by the homeowners association. 3. That signing and lighting be as proposed except that the 12th Avenue entry sign be moved further into the development. 4. That the staff review and approve the final landscape plans and that care be taken to preserve the existing landscaping at the Babcock entrance. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request of the Chequemegon Estates for a conditional use permit application as set forth above. The motion was carried by the following Aye and No vote: those voting Aye being COlnmissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Acting Mayor MacNab; those voting No, none. preliminary plat of Richards Subdivision - Discussion re park dedication A discussion was held in regard to the preliminary plat of Richards Subdivision. I The Planning staff recommended approval of the preliminary plat of Richards subdivision with the following additions: "That Lots I, 2, and 3 of Block 3, be reserved for park purposes and/or the extension of 16th Avenue, and that acquisition of parkland adjacent to the lots be purchased with all diligence by the City of Bozeman and in case that the land be offered back to the developer for cash-in-lieu, the appraised value of that land will be the same it is now appraised. James Screener, Attorney for the developer, voiced objections to taking three lots for park purposes and stated the developer would favor cash in lieu of park dedication. 248 The Commission took no action but indicated they would hold a formal hearing in three weeks if the developer so wished. Ray Houghton, 823 So. Third Avenue - Proposed parking compact cars in metered section Patrolman Ray Houghton appeared before the Commission in regard to restricting parking of pickups and campers in metered areas near intersections for safety reasons. He stated when pickups and campers are parked at the corner of metered intersections I motorists entering the intersection must pull into the lane of traffic in order to see if the intersection is clear. He asked that the Commission consider an ordinance forbidding all large vehicles in metered areas near busy corners. The Commission thanked Mr. Houghton for his presentation and stated they would take the matter into consideration. Request to place IS MPH speed limit signs in all school zones Bob Lupo was present to discuss the fifteen mile per hour speed limit in all school areas. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that both Mr. Lupo and Patrolman Houghton's request be referred to the Pedestrian Traffic Safety Committee for their recommendation, and the City Attorney be instructed to research the reduction of the speed limit around the school areas and it be brought back for Commission action at an early date. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Vandeventer, Commissioner Vollmer, Commissioner SwaBson, and Acting Mayor I MacNab; those voting No, none. Commission Resolution No. l881 - Purchase of Road Oil from Montana Highway 1977-1978 Commission Resolution No. 1881 authorizing the purchase of not to exceed 25,000 gallons Road Oil during the fiscal year July 1, 1977, to June 30, 1978, for use by the Street Department in repairing pavement and for sealing certain sections of existing pavement within the City from the Montana Highway Department was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 1881 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis- sioner Swanson, Commissioner Vandeventer, and Acting Mayor MacNab: those voting No, none. Selection of Architect for senior center Commissioner MacNab and Commissioner Vollmer met with the senior citizens on behalf of the City of Bozeman following the Commission meeting on Wednesday, June IS, 1977, for ,the purpose of discussing the selection of an architect for the senior cent~ Of the six finalists chosen by the senior citizens and the two commissioners, I Mr. Rand was selected by the City Commission through secret ballot. Request for early payment of claim - Intermountain Construction Co. The City Manager had checked the claim of Intermountain Construction Company, and found it to be true and lawful against the City of Bozeman and recommended that it be approved and the Director of Finance be instructed to issue a warrant in the amount of $29,991.30 in payment of the claim. 249 It was moved by Commissioner Swanson, seconded by Commissioner Vandevent~r, that the claim be approved and ordered paid, and the motion was carried by the following A~ and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Acting Mayor MacNab; those voting No, none. I Request for placement of banner across Church Street - Farmers Market/Handicrafters A letter recieved from Dora Anderson on behalf of the Farmers Market requesting permission to place a banner across the street in South Church, be the outdoor swimmi~ pool, advertising the new Market days, was presented. A check for $25.00 was presented as a guaranty that the banner will be removed within one week after the final date of the activity. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the request be granted but that the banner be placed across East Main Street in place of South Church Avenue. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Acting Mayor MacNab; those voting No, none. Applications for renewal of gambling licenses The City Manager presented an application from BPOE No. 463, The Oaks, The Scoop and T.J.'s Lounge, along with the appropriate fee of $500 from each for a gambling license, for the purpose of operating two tables. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that I the Commission concur in the recommendation of the City Manager and approve the four applications for the issuance of gambling licenses. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer,Commis~ sioner Swanson, Commissioner Vandeventelt; and Acting Mayor MacNab; those voting No, none. Application for Raffle License - Kith & Kin Club The City Manager presented an application for the Kith and Kin Club along with the required fee for a raffle license. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, 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 Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Acting Mayor MacNab; those voting No, none. Application for Beer License - Exchange Club The City Manager presented an application from the Exchange Club, along with the required fee, for a retail City Beer license for the Fourth of July, to be I held at the fairgrounds. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Bozeman Exchange Club, having met all requirements, be granted a license to sell beer Kor the Fourth of July cele~ration. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Acting Mayor MacNab; those voting No, none. -----~-- --_.~.- 25'0 Designate Acting City Manager (June 27 thru July 3) The City Manager requested authorization to be excused from June 27, thru July 3, 1977, and that the Director of Finance Grant D. Murie be designated as Acting City Manager during this period. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the authorization be granted, and the motion was carried by the following Aye and No v I vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, and Acting Mayor MacNab; those voting No, none. Proposed Planter - Lewis & Clark Motel A letter received from Wm. J. Sebena of the Lewis & Clark Motel requesting a variance to build a concrete planter as a barrier to keep cars from running over the sidewalk was presented. Mr. H. B. Landoe representing Wm. J. Sebena of the Lewis & Clark Motel, was present to discuss the area in question. He stated his client would like to have permission from the Engineering department to go ahead with building the retaining wall. Mr. Sebena felt the wall would add to the aesthetics of the motel with the planters and the amber lights and would be completely functional. The Engineering department advised the Commission that the property line is one-foot back of the sidewalk. Following a thorough discussion, it was moved by Commissioner Vollmer, seconded I by Commissioner Swanson, that the Commission grant the variance to build a retainer wall 30 inches high with a twelve foot sidewalk to be completed by not later than August I, 1977. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Gommissioner Swanson, Commissioner Vandeventer, and Acting Mayor MacNab; those voting No, none. Report - Library The City Manager commented on the Library report and recommended it be accepted and 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 follow- ing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, and Acting Mayor MacNab~ those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson, and Acting Mayor MacNab; those votin~/~ _ ATTEST: DUNCAN S. MACNAB, Acting Mayor ~-' rift ,;;. .' ~- ./ c.... /P'7?i:;t-- ER A V. HAR NG Clerk of the City Commission