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HomeMy WebLinkAbout1974-03-20 87 Bozeman, Montana 20 March 1974 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 20 March 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer, Comm- issioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Acting City Manager Keyes, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer and included a prayer in memory of I Chet Huntley, Former NBC Newscaster and Developer of Big Sky, Inc., of Montana and the following proceedings were had. Minutes of the regular meeting held on 13 March 1974 were approved as read. Bid Opening - SID No. 534, Watermain, Oak Street, Hemlock Street, & North Fifth Avenue This was the time and place set for opening bids for the construction of watermains on Oak Street, Hemlock Street and North Fifth Avenue. Affidavi t of publication of "Notice to Bidders" was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the bids filed with the Clerk of the Commission be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy: those voting No, none. The following bids were then opened and read: Bozeman Sand & Gravel, Bozeman $55,246.52 Casper-Magera Construction, Spokane 37,121. 50 Cop Construction Co., Billings 37,484.10 Johnston Excavating, Bozeman 33,484.55 Konda Construction, Butte 47,946.95 W. D. Construction, Bozeman 36,784.25 In concurrence with the recommendation of the Acting City Manager, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the bids be referred to the consulting engineers and the city engineers for study and final tabulation and recommendation to be made to the Commission at their next meeting on Wednesday, 27 March 1974. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Comm- issioner Vandeventer and Mayor Sedivy; those voting No, none. I Hearing, Proposed Zone Code Ammendment, Conditional Use for Radio and Television Stations within AS and B-3 Zone. This was the time and place set for a public hearing to consider the application of William Reier of the Garryowen Radio Corporation to ametd the Zoning Code to include radio stations and television stations as a permitted or conditional use in the AS and B-3 Zoning Districts. The Bozeman Zoning Commission having reviewed the request of William Reier recommended that the Code be amended to include radio and television stations in the AS and B-3 Zoning Districts as a con- diti.onal use. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that they concur in the recommendation of the acting City Manager, that the records show that a public hearing was held and that they instruct the City Attorney to draw an Ordinance amending the Zoning Code to include radio and television stations in the AS and B-3 Zoning Districts as a conditional use. The mo tion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Comm- issioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. Hearing - Conditional Use Permit, Radio Station in SEI/4, Section 34 This was the time and place set for public hearing to consider a recommendation from the Zoning Commission concerning a conditional use permit for a radio station on a tract of land in the SEI/4 of Section 34, T2S, R5E, MPM, Gallatin County, Montana. Following a discussion and in concurrence with the recommendation of the Acting City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the records reflect the public hearing had been held, and that action on the conditional use permit be tabled and the I motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissi.oner Vandeventer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Hearing - Conditional Use Permi.t, Apartment House in B~3 Zone This was the time and place set for public hearing to consider a recommendation from the Zoning Commission to issue a conditional use permit on the north 19' of Lots 1-4 and the east 112' of Lots III and 16 in Block C of Tracy's 3rd addition to the City of Bozeman. The conditional use permit would permit an apartment house in the B-3 Zone. The Bozeman Zoning Commission having reviewed the request of Bruce Mecklenburg to issue a con- 88 ditiona! u~e permit recommended it be granted contingent upon the proper number of parking spaces as required under the Bozeman Zoning Ordinance (7.5) being finished. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the concur in the recommendation of the Acting City Manager and approve the Conditional Use Permit in a B-3 Zone to construct a two-bedroom apartment in the basement of an existing fourplex on the corner of North Grand and West Beall Street contingent upon finishing the proper number of parking spaces. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commiss- I ioner Vollmer, Commissioner Taylor, Commissioner Lehrkind and Mayor Sedivy; those voting No, none. Bid Opening - Recreation Complex Sprinkler System This was the time and place set for opening bids for the installation of the sprinkler irriga- tion system at the Bozeman Recreation Complex as drawn up by Morrison Maierle. Affidavit of publica- tion of "Notice to Bidders" was presented. It was moved by Commissioner Taylor, seconded by Commiss- ioner Lehrkind, that the bids filed with the Clerk of the Commission be opened and read and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. In accordance with the recommendation of the City Attorney and with the verbal approval of Papps Landscaping, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that they waive the formality of accepting sealed bids and that the unsealed bid of Papps Landscapping be accepted as submitted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No. none. The following bids were then read: Nelson Landscape Service, Spokane, Wash. Total Base Bid $39,937.00 Alternate 2.925.00 Papp Landscapping, Billings Total Base Bid $32,130.76 Alternate 715 . 00 Rainmaker Inc., Billings Total Base Bid $29,700.00 Alternate 2,600.00 I The Commission concurred in the recommendation of the Acting City Manager and it was. moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the bids be referred to the consulting engineers Morrison Maierle and the City Engineering Staff for tabulation, study and recommendation. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. Hearing, (Continued) = Conditional Use Permit - Pacific Hide and Fur Consideration on the issuance of a Conditional Use Permit to Pacific Hide and Fur on a portion of Lots 9-12 in Block C of Rouse's Addition to the City of Bozeman having been tabled for a period of one week for the purpose of further study and a view of the area was removed from the table for fur- ther consideration. Mr. LeRoy Stevens, Vice President of Pacific Hide and Fur and Mr. R. G. Christiansen of Great Falls along with other representatives of Pacific Hide and Fur was present. The Acting City Manager read a staff report outlining several aspects of the Zoning Code for the consideration of the Commission. The City Attorney stated that since the Board of Adjustment had already granted the variance to the front yard setback to within 4~' the City Commission could not change the Board of Adjustment decision. Mr. Stevens of Pacific Hide and Fur voluntarily agreed to maintain a 13\' setback. It was their feeling that this was the maximum setback to satisfy their needs. Several members of Weismans adjoining property owners were also present to state their opposition to this building because of potential problems which would affect the access to their building. I Rick Mayfield, Planning Director, was also present and stated that among other things consider- ation of setback limits and the affect of a change on adjoining property owners were considered in drafting the master plan. Following an extensive discussion, the Acting City Manager recommended that the Commission find! 1. The use does not conform to the objectives of the master plan and intent of this Zoning Ordinance, and 2. Such expansion would adversely affect nearby properties or their occupents and therefore recommended agains t the issuance of a conditional use permit. . 89 It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the request for the conditional use permit be denied: ,those voting Aye being Commissioner Taylor, Commissioner Lehr- kind, Commissioner Vollmer and Mayor Sedivy; Commissioner Vandeventer abstained. Reports The following reports were presented: Police Department (Annual) Director of Finance Police Judge (Annual) I The Chief of Police explained the Annual Report of the Police Department for the year 1973. It was moved by Commissioner Vandeventer, seconded by Commissioner Taylor, that the Chief of Police be commended on the comprehensive and thoroughness of his report and it be approved and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Van- deventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer,and Mayor Sedivy; those lIIoting No, none. The Acting City Manager commented on the report of the Police Judge and the Director of Finance and recommended approval thereof. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the reports be approved and ordered filed and the motion was carried by. the following Ayd and No vo te : those voting Aye being Commissioner Taylor, Commissioner Lehrkind, 'Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. Request to Sell Honey Bears - Bozeman Jaycees: A letter received from Cliff Wrobetz, President of the Bozeman Jaycees requesting permission to conduct a Honey Bear Sale on Saturday from 10:00 o'clock A.M. to 6:00 o'clock p.m. with the proceeds going to the Montana Special Olympic Program was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the request for the Bozeman Jaycees to conduct the Honey Bear Sale be granted and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Comm- issioner Vandeventer, Commissioner Taylor and Mayor Sedivy; those voting No, none. Adjour:1ment There being no further business to come before the Commission at this time, it was moved by I Commissioner Taylor, seconded by Commissioner Lehrkind, that the meeting be adjourned and the mo tion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy; those voting No, none. / ~~~ L~ " ATTEST: Commission I