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HomeMy WebLinkAbout1978-05-03 .444 May 3, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 3, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, April 26, 1978, were approved as submitted. I Award Bids - SID 581 - Paving Koch & Olive between 15th & 19th Avenue SID 584 - Paving South 15th (Normandy Rearrangement) SID 585 - Paving E. Lamme between Broadway & Wallace A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc. , the City's engineering consultants, was presented recommending that the award be made to Long Construction based on their low bid of $425,987.00, it being the lowest bid submitted. This amount did exceed the consultants estimate but they stated they have project funds that would allow the award based on the bid received. Mr. Cummings further advised the Commission that there would have to be modifications of the pavement section in Special Improvement District No. 585 to keep the project within the financial limitations. The modifications have been discussed with the City Engineer and he has agreed withfue modifications. The City Manager concurred with the above recommendation, and it was moved by Commis- sioner MacNab, seconded by Commissioner Vollmer, that the award be made to Long Construction - based on their low bid contingent upon the sale of the bonds. 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. Decision - re Conditional Use Permits (a) Glen Hash, construct bldg. which will contain office-warehouse & storage use previously contained Bozeman Sand & Gravel operation The decision on the request of Glen Hash to construct a building which will contain I office-warehouse and storage uses having been deferred for a period of one week, was brought before the Commission for a final decision. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the re- quest for the conditional use as recommended by 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) A.E. McChesney, construct office-warehouse complex on Lots 13, 14 & 15, of prelim- inary approved McChesney Industrial Subdivision The decision on the request of A.E. McChesney to construct a office warehouse complex having been deferred for a period of one week, was brought before the Commission for a final decision. The City Manager concurred in the recommendation of the Zoning Commission and recommended the Commission approve the request for the conditional use permit. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the request for the conditional use permit. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeven- ter, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Sale of Bonds - SID No. 581 - Pave Koch & Olive between 15th & 19th - $380,000 SID no. 584 - Pave 15th Avenue (Normandy Rearrangement) 150,000 I SID No. 585 - Pave East Lamme between Broadway & Wallace 77,500 The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of Special Improvement District No.s 581, 584 and 585. The Mayor and City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for each district would be the same as the advertised amoun t . The Mayor announced that the City was now ready to conduct the bidding for the purchase of the bonds of SID No. 581 in the amount of $380,000.00, SID No. 584 in the amount of $150,000.00 and SID No. 585 in the amount of $77,500.00. 44~ .. .,~) It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that City proceed with the bidding of SID No. 581, 584 and 585. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. The following Bidders presented their good faith checks as prescribed by the Notice of I Sale for SID No. 581. D.A. Davidson & Company, Great Falls First Security Bank & E.F. Hutton, Bozeman & Denver Grande & Company, Seattle Oral bidding began and the final best bid was Grande & Co., Inc. , Seattle in the amount 6.50% plus $100.00. Upon the recommendation of the Director of Finance, also concurred in by the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the sale of bonds for Special Improvement District No. 581 in the amount of $380,000.00 be awarded to Grande & Co. , Inc. , of Seattle in the amount of 6.50% plus $100.00. The following bidders presented their good faith checks as prescribed by the Notice of Sale for SID No. 584. D.A. Davidson & Company, Great Falls E.F. Hutton & First Security Bank, Denver & Bozeman Grande & Company, Inc. , Seattle, Washington Oral bidding began and the final best bid was Grande & Co., Inc. , Seattle in the amount of 6.60%. Upon recommendation of the Director of Finance, also concurred in by the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the sale of the bonds for Special Improvement District No. 584 in the amount of $150,000.00 be awarded to Grande & Co., Inc. , of Seattle in the amount of 6.60%. The motion was carried by the follow- I ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. The following bidders presented their good faith checks as prescribed by the Notice of Sale for SID No. 585. D.A. Davidson & Company, Great Falls First Security Bank, Bozeman Grande & Company, Inc. Seattle, Washington Oral bidding began and the final best bid was First Security Bank, Bozeman in the amount 6.55%. Upon recommendation of the Director of Finance, also concurred in by the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, tht the sale of the bonds for Special Improvement District No. 585 in the amount of $77,500.00 be awarded to First Security Bank, Bozeman in the amount of 6.55%. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Public Hearing : Conditional Use Permits (Bruce Pitcher - Undertake the development of a professional photography office at 1920 W. Babcock being Lot 10, Blk. 1. Kirk I s 1st. This was the time and place set for a public hearing to consider the conditional use permit requested by Bruce Pitcher. The applicant seeks approval to undertake the develop- ment of a prc,fessional photography and framing of photographs, utilizing an existing struct- I ute located at 1920 West Babcock Street being Lot 10, Block 1, of Kirks 1st. The lot is approximately 10,072.35 square feet in size and contains an existing single family dwelling 1,966 square feet in size. The proposed professional office is located in an area zone R-O-T, Residential Offices. The proposed use is a permitted use in an R-O zone. The use is subject to conditional use review because of the "T" transitional zone designatin. The Mayor declared the hearing open. The Planning Director gave the staff presentation and advised the Commission that all conditions would be satisfied by the applicant. He stared that Mr. Pitcher made arrangement to utilize two off-site parking spaces in the Happy Joe's Parlor parking lot and three parking spaces in the Burger King parking lot. The applicant .44(j The applicant proposes to satisfy his additional parking requirements throught the development of five parking spaces, each having access onto an existing alley located along the easterly property boundary. The City Attorney stated the documents for the utilization of the off-site parking spaces would be reviewed to determine their legality. Mayor Sedivy declared the hearing closed and the City Manager recommended that action be de- I ferred for a period of one week. (b) Group Five Design - Construction of 22 apartment units on 1.11 acres of land located in Richard's Subdv. corner of Koch & l6th Avenue. This was the time and place set for a public hearing to consider the conditional use permit requested by Group Five Design to construct twenty two apartment units on 1.11 acres of land lo- cated in the Richard's Subdivision (corner of Koch Street and Sixteenth Street). The site is zoned R-3, R-3, Residential Medium Density. Paul Bolton gave the staff report which recommended tabling of the above item until the Bozeman Zoning Commission has had their hearing on May 9th. The public hearing will be continued until the City Commission has received a recommendation from the Zoning Commission. (c) John Sincell - Lease portion of building to manufacture and sell artists' materials located at 107 Bridger Center Drive This was the time and place set for a public hearing to consider the conditional use permit requested by John Sincell of 209 South Fifth Avenue. If approved the applicant proposes to manu- facture and retail artists' and craftsmen materials, supplies and products including an art metal foundry with a capacity of about 200 pounds. Paul Bolton gave the staff report recommending approval of the conditional use permit subject to three conditions. The Mayor declared the hearing open. I The applicant proposes to use "corral posts"to build a parking barrier along the front of the building approximately three feet out from the front of the building and parallel to it. At some later date the applicant proposes to facade the front of the building with barn siding. The building is located at 107 Bridger Center Drive, being Lot 2, Block 3, Bridger Center Subdivision. The Mayor declared the hearing closed and the City Manger recommended that action be deferred for a period of one week. Public Hearing - Zone Change - Gallatin County Thrift Stations, Inc. continued hearing - M-l & R-5 to RO-l, Blk 3 $ 4, Babcock & Davis Addn. and Blk 42 thru 45, N.P. Addn. Having continued the hearing on the zone change of Gallatin County Thrift Stations, Inc. , it was again presented. Paul Bolton gave a brief summary of the request of Gallatin County Thrift Stations, Inc. The applicant requested a change from M-l & R-5 to RO-l as he had a potential sale for the property. Mr. Bolton further stated there were petitions presented protesting the zone change. The staff recommendation was to deny the requested zone change from High Density Residential and Light Indust- rial to Residential Office. The hearing was continued until additional information was received from the Planning Depart- ment. Zone Change - Discussion - Robert A. Foster - AS to RS-L, Blk 3 & 4, 40 Acre tract Northwest of City, adjacent to Joe Nelson road and bordered on the south by u.s. 1110 The request of Robert S. Foster for a zone change from Agricultural to Rural-Suburban having been deferred pending consideration by the City-County Planning Board was presented for discussion. I The Planning Board on April 13, 1978, recommended the change be denied "on grounds that the land use change currently does not conform to the present Master Plan and sufficient justification has not been demonstrated to warrant this change". Paul Bolton gave a brief summary of the request and supported the Planning Board's recommend- ation for denial. Joe Sabol, attorney representing the applicant, addressed the Commission and reviewed prior action taken on this application. Mr. Sabol stated that in view of the fact that it would be some periof of time before the Master Plan is completed, his client was entitled to a definite rec- ommendation for the following reasons: '.44.7 1. direction of growth in that area: 2. considering the inadequacy of one acre residential lots available; 3. the demand of residential single family lots of this type; 4. the projected growth of Bozeman; and 5. the alternatives for the use of this 40 acres being limited. Joel Shouse,Director of the Blue Ribbon Water Study expressed his concern over granting zone I changes like this. Following an extensive discussion, the City Manager recommended that the request be brought back to the Commission for a decision on Wednesday, May 10, 1978. Application - Special Permit to sell beer at Reno H. Sales Stadium on the campus of MSU for a mus- ical concert to be held the 13th of May, 1978 The City Manager presented an application from the Associated Students of Montana State Uni- versity, along with the required fee, for a special permit to sell beer at Reno H. Sales Stadium on the Campus of Montana State University for a musical concert to be held on the day of May 13, 1978. Steve Harmon, attorney representing the Associated Students of Montana State University ap- peared before the Commission to give them an amended application for a special permit to sell beer and to discuss some of the problems and answer any questions that might arise. The amended application for a special permit to sell beer states no minors will be permitted entrance to the event. Those that have already purchased tickets will be given refunds. Attorney Harmon assured the Commission that identifications would be checked at ticket booths from which tickets are sold. The Commission expressed their concern over liability insurance and police security. The Commission felt the enforcement problem is much worse after the affair is over. Montana State University President, William J. Tietz endorsed the application of the ASMSU organization for a temporary beer license as did the Gallatin County Sanitarian and the Montana State University Food Service Sanitarian. I A copy of the Special Beer Permit from the State of Montana Department of Revenue Liquor Div- ision was also presented. Commissioner Vandeventer went on record as saying it was against his better judgement, but trusted the judgement of MSU President Tietz that the experience is acceptable for the community. The City Manager said he shared the same apprehensions as many others. He said that if the students carried this off in the manner they suggested, it wOuld not be the orgy or catastrophe feared by everyone. He recommended the amended license application be approved contingent upon a safe and successful performance by all standards. However, if unsuccessful by any standards, no application should be prepared for any future similar event. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the amended special beer application on May 13, 1978 purely on a one time trial basis. 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. Discussion - re issuance of license to out of state artists Kay Litle, a local professional artist appeared before the Commission to protest the city's issuing licenses to out-of-state artists. She stated the people in the community who earn their livelihood from art cannot compete with "European buckeye" artists. There were several other protests filed. Mrs. Litle asked that the city notify a member of the Montana Institute of the Arts before issuing a license in the future. I Discussion - re CDBG fund allocations A continued discussion was held on the use of CDBG fund allocations for which a pre-application is being prepared. Bob Owen, Grant Adminstrator gave a slide presentation of the non-residential blighted struct- ures and a brief rundown outlining the financial alternatives available under the Rehab Program. He advised the Commission that financing rehabilitation can be summarized into four basic techni- ques. The City Manager stated this would be the last opportunity for discussion on these proposals prior to approval of the pre-application on Wednesday, May 10, 1978. He further advised the Com- mission the pre-application need only deal with concepts. Exact details of any particular financ- -~--_.- 4:48 ing method can easily wait until later, when we know wheter or not we have been sucessful in receiving grant funds. 4-H Club - permission to paint house numbers on curbs A request from the Gallatin County 4-H Club for permission to solicit homeowners, who might authorize painting of house numbers on the face of the curb was presented. I The City Manger advised the Commission that the house numbers would be painted in exchange for a donation to the 4-H Club. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that permission be granted the 4-H Club to contact the property owners to see if they want the house number painted on the face of the curbs. 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. Proclamations - American Legion Auziliary - May 19-20, "Poppy Day" Citizenship Day and Law Day - May 1, 1978 In accordance with the American Legion Auxiliary, Mayor Sediby proclaimed May 19 and 20 as "Poppy Day" in the City of Bozeman and urged every citizen to give generous recognition to this program and to obtain and wear a Memorial Red Poppy on these days to pay tribute to those who sacrificed their lives in the defense of our great Nation. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Mayor's proclamation be endorsed. The motion was carried by the following Aye and No vote, those vot- ing Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Mayor Sedivy proclaimed May 1, 1978 as the 21st annual nationwide "Law Day" and proclaimed May 12, 1978 as the 30th annual Citizenship Day and Law Day in the Eighteenth Judicial Distrit of Montana. The Mayor asked that the citizens of Bozeman, State of Montana, and the Nation pause to reflect on 6ur heritage of equal access to our courts and equal protection of the laws. I It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission endorse the Mayor's proclamation. 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. Raffle License application - Bozeman Legal Secretaries, May 6, 1978 The City Manager presented an application from the Bozeman Legal Secretaries along with the required fee for the purpose of holding a raffle on May 6, 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license for the Bozeman Legal Secretaries. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Library for April Police Department for April The City Manager commented on the above reports and recommended they be approved and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports I 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, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Order - Directing reassessment and correcting assessments in SID 526, 550, 553 and 555. An Order drafter by the City Attorney for the purpose of correcting the assessments for Special Improvement District Nos. 526, 550, 553 and 555 by dividing the assessments heretofore levied against said Blocks 3, 4, 6, 8 and 9 apportioning same among the subdivided lots within said blocks in the Figgins Addition was presented. The City Treasurer of the City of Bozeman is hereby ordered and directed to calculate and 449 determine, the amount of assessment against each and every lot subdivided within the aforementioned blocks and to certify said reassessment to the County Treasurer of Gallatin County for collect- ion, all pursuant to Section 11-2238, R.C.M, 1947. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the order be passed and adopted in order that the property owners may payoff their assessment if they I wish to do so. 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. Petition - Complaints re-vandalism, loitering by minors and malicious littering - Downtowner Mall A petition representing sixteen businesses located in the Downtowner Mall and registering their complaints in regard to the recent vandalism, loitering by minors and malicious littering was presented. The persons present in this regard were advised that the solution to the problem would be to remove the source of irritation. The Commission directed the City Staff to study the problems created by the Point After, the St. George, T J's Lounge and the Teen Center and to return next week with recommendations. Adjouruement 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 Mayor Sedivy, those voting No, none. I ATTEST: / - CITY COMMISSION I