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HomeMy WebLinkAbout1977-07-06 ~~-8 ~V' Bozeman, Montana July 6, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 6, 1977, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner VOllmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko , Assistant City Manager Wolf, City Attorney Berg and the Clerk. I Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on June 29, 1977, were approved as altered. Consideration of Bids - Seal Coat (63,750 Sq. Yds.) The engineers representing consultants, Thomas, Dean & Hoskins, Inc., having completed their study of the bid of White & McNeil Excavating, recommended the City of Bozeman reject the 1977 Seal Coat bid in the amount of $39,334.40. The bid was some 13% over the Engineer's estimate and the lone bidder was not favorable to negotiation to get the project within the money limitations. The Commission concurred in the recommendation of the consulting engineers, also concurred in by the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner VOllmer, that the City of Bozeman reject the 1977 Seal Coat bid in the amount of $39,334.40 and delay the seal coat project until next year. A larger seal coat project would make it more attractive for competitive . bidding. The motio-n was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, and Mayor Sedivy, those voting No, none. I Public Hearings - Rezoning,: a) Valle View Annexation from RS-l - Petitioner D. Weaver (to be con't) b) Dan Davl.s an others - Sect10n E - From AS - RS- ,. a) This was the time and place set for a public hearing to consider the request , of Donald Weaver for a zone change from RS-l to R-O on a three acre tract fronting on Kagy Blvd. and west of and adjacent to the Valley View Club House, and to R-2 on a four and one-third acre parcel south of and adjacent to the above mentioned tract. The rezoning request is sought sO that business offices and single family units can be developed. The MasterPlan designated this area Public Lands. The Zoning Commission tabled consideration of the D. Weaver request until a recommendation is received from the Planning Board. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the hearing be continued until a recommendation is received from the Planning Board. 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 I of Dan Davis, Murry DUffy, and Verner Albertson for a zone change from AS to RS-l on a 100 acre tract of land east of Bozeman. The land is located in the NE 1/4 and NW 1/4 of Sec. 16, T3S, R6E. The land lies south of and along the old Fort Ellis West Road and begins approximately 1,600 feet east of Mt. Ellis Academy Road. The applicants seek the zone change to permit the subdivision of the site into one (1) acre tracts. 2~'9 .. ... ,J,,'. The Zoning Commission, after reviewing the planning staff findings, unanimously recommended approval of the application for a zone change from AS to RS-I with the exception of the one acre tract on the other side of the road, which due to its size, is already considered a one acre building site. It was moved by Commissioner Swanson, seconded by Commissioner Vandevent:er, that I the Commission concur with the recommendation of the Zoning Commission and approve the zone change as stated above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Public Hearings - Conditional Use Permits~ a) Don Nell - GOI W. Villard - Chan e one non~conformin use to another - ware ouae to 0 ~ce use b) Dan Chandler - PUD in Remington Addition consists of four triplexes a) This was the time and place set fora pUblic hearing to consider the request of Don Nell on behalf of the James O'Connell.estate, 347 North Main Street, Helena, Montana, for a conditional use permit to change one nonconforming use to another nonconforming use. The Conditional Use Permit would authorize changing the old Eddy's Bread building at the corner of North Sixth Avenue and West Villard Street from a warehouse to an office. Don Nell was present and explained the area, stating the change of one non- conforming use to another nonconforming use would be an improvement to the area. He further stated he was in agreement with the planning staff report with the exception I of paving and striping the parking area to the satisfaction of the Building Inspector, and the planting of trees on the south side as the architectural style of the building is planned for solar heating, and planting large trees would defeat the purpose of ~ solar construction. 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 Vandeventer, seconded by Commissioner MacNab, that the conditional use permit of Mr. Don Nell for the Estate of Mr. J. O'Connell be approved with the following conditions: 1. The development of the subject property be in conformance with the staff's plot plan. 2. That one flush mounted building sign be permitted. The sign will be on the Villard Street side with a maximum total size of 20 square feet or less. The sign can be internally illuminated. 3. The signs and all exterior lights shall be non-flaShing or non-blinking. 4. If the parking lot is to be lighted, all lighting shall be shielded or directed away from the surrounding residential area. I 5. That the exterior of the building be developed per applicant's proposal; vertical cedar siding and wood shingles. 6. That corrections to the plot plan be made, Showing the North Sixth Avenue sidewalk with the trees on the inside of the sidewalk, and that the trees on Villard Street side be small enought to not interfere with the solar heating. 7. All trash shall be stored in an enclosed container located within an enclosed structure. 8. Pave and stripe the parking area to the satisfaction of the Building Inspector. - ----..---- ----~~~ 26,0 9. Install concrete bumper stops as shown on the plot plan. 10. A solid fence shall be constructed 25 feet from the right-of-way along North 6th Avenue. The fence should conform to the exterior of the building and be a maximum of 5 feet in height. 11. That all required site improvements be installed as required by the City Engineer and Zoning Administrator as seasonably possible. 12. That the gas tank presently on the site be removed or filled to the I satisfaction of the City Fire Chief. The motion was carried by the following Aye and No vote; those voting Aye being CommissionerVandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. b) This was the time and place set for a pUblic hearing to consider the request of Daniel S. Chandler, 1724 South 19th Avenue, Apt. 24, for a conditional use permit to allow the development of 12 condominium units on .965 acres of land. The land is the south 357 feet of Lot 5 of the Remington Addition. The condominium units will be built in four triplexes and will be part of the already existing Lincoln Con- dominiums. The units will be subject to the covenants and agreements of the Lincoln Condominiums. The Zoning Commission, having reviewed the Planning Staff report, unanimously recommended approval of the application for the conditional use permit with the following conditions: 1. That the final right-of-way agreement be reviewed and approved by both the City Attorney and City Engineer and be recorded as a covenant on the associa- tion, with its approval. I 2. That the loop access be developed as proposed and signed to exclude on- street parking. 3. That the off-street parking be developed in the open area as proposed by the applicant or the association. 4. That final landscaping, fencing, lighting and signing plans be submitted to and approved by the Planning staff. 5. That either the applicant, alone or in conjunction with the association, landscape the open area. 6. That final phasing and improvement agreements be completed prior to the issuance of any building permit. It was moved by Commissioner Ma cNab, seconded by Commissioner Vollmer, that the Commission concur in the recommendation of the Zoning Commission and approve the conditional use permit application with the above conditions. The motion was carried by the following Aye and No vote: tho$e voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Health and Welfare of Children in Bozeman and Community - Bob Lupo Mr. Lupo appeared before the Commission to discuss the health and welfare of I the children in Bozeman and community. He advised the Commission that smoking should be prohibited around children. Mr. Ben Rixe was also present in support of non-smoking and ~elt it should be expanded to include all people as well as youth. FOllowing discussion, it was moved by Commissioner Vollmer, seconded by Commis- sioner MacNab, that the City acknowledge the presentations and take the requests under advisement. The motion was carried by the following Aye and No vote:: those - --- ,261 voting Aye being Commissioner Vollmer, Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Pedestrian/Traffic Safety Committee Report Ralph Zimmer of the Bozeman Pedestrian Traffic Safety Committee was present to I report on the action of their committee: 1. That the City review state law and the City ordinances regarding parking near intersections and bring the intersections in the downtown area in compliance with those laws and ordinances by marking the intersections and removing where necessary parking meters, etc., but that no restriction be placed upon the types of vehicles which may park in the intersections without further study. 2. That the committee will not support the suggestion of Bob Lupo that all school areas in the City be controlled with 15 mile an hour speed limits because there is no obvious over-riding safety advantage in a blanket lowering of speed limit from 25 to 15 miles per hour but in selective areas complex issues consi- dered on an individual basis may warrant such reductions in the speed limit. The Commission thanked Mr. Zimmer for his detailed report. Beer License - Softball Association-July 9-10, July 16-17, July 23-24 The City Manager presented an application from the Bozeman Softball Association for permission to obtain a Beer license for the 9-10, 16-17 and 23-24 of July 1977, along with the required fee. It was moved by Commissioner MacNab, seconded by Commissioner Swanson, that the Bozeman Softball Association, having met all requirements, be 1ssued a license - as stated above. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer, I Commissioner Vollmer, and Mayor Sedivy; tho Sf! voting No, none. Beer & Wine License Application - Happy Joe's Pizza The City Manager presented an application and the appropriate fee for a beer and wine license for Happy Joe's Pizza, 1940 West Main Street. Upon recommendation of the City Manager, it was moved by Commissioner Vandevente~ seconded by Commissioner MacNab, that the Commission approve the above application for the beer and wine license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer, CommissionerSwanson, and Mayor Sedivy; those voting No, none. Request from Chicago, Milwaukee, St. Paul and Pacific Railroad - Vacate Orange Street and certain al1ey~ A letter received from the Chicago, Milwaukee, St. Paul and Pacific Railroad Company requesting the vacation of a portion of Orange Street located between Blocks 50 and 53, Northern Pacific Addition to Bozeman, and also vacating a portion of alleys in Block 53, Northern Pacific Addition was presented. Fallowing discussion, it was moved by Commissioner MacNab, seconded by Commis- I sioner Vollmer, that the City acknowledge receipt of the request and refer same to the City staff for further study and an on-the-site inspection by the Commission. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter, and Mayor Sedivy; those voting No, none. Reports: The following reports were presented: Police - monthly Library - monthly Fire - quarterly - -- ~_._-'-_.~- ~---- ._~ ---------~---"'-- nee') .6t)A'rJ The City Manager recommended the reports be accepted and ordered filed and any questions be brought up next week. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports be accepted and ordered filed. 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, non a I Mr. Ben Rixe - Smoking at High School Mr. Rixe requested that the minutes show that his report in position was his own and not in connection with anyone else'-' s report. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned and 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. ATTEST: - p ~9~ h.? -" ,?/. . ..I ERNA ~HARDIN<S Clerk of the City Commission II I