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HomeMy WebLinkAbout1974-07-03 144 Bozeman, Montana 3 July 1974 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, 3 July 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commission Vollmer, Commissioner Taylor, Commissioner Lehrkind, City Manager Fryslie, Assistant City Manager Keyes, City Attorney Berg, and the Clerk. I Commismoner Vollmer opened the meeting with a prayer and the following proceedings were had: Minutes of the regular meeting held on Wednesday, 26 June 1974, were approved as read. Consideration of Bids (Cont.) - Recreation ())mplex-Bulld1nK The Commission was referred to the opening of bids for the construction of the recreation complex building on 19 June 1974. McLaughlin, Architect, Kommers, Associate and staff having completed their study of the bids submitted for the construction of the recreation complex building, Bureau of Outdoor Recreation No. 30-00171 and having prepared a final tabulation of the bids recommended that the bid be awarded to Robert A. Taylor Construction, Bozeman, on the basis of their low bid in the amount of $39,700.00, it being the low bid and meeting all specifications. The Bozeman Softball Association presented a check to the City of Bozeman in the amount of $5,000.00, which represents the additional local matching funds; thus allowing the project to be awarded without exceeding the preliminary budget figure for this I building. The remaining $5,000.00 will be provided by matching funds from the Bureau of Outdoor Recreation, who have allocated funds for the project. On the basis of receiving the $5,000.00 from the Bozeman Softball Association and the matching funds from the Bureau of Outdoor Recreation, the Commission concurred in the recommendation of the Architects and City staff, also concurred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Lehrkind, that Robert A. Taylor Construction be awarded the bid on the basis of their low bid in the amount of $39,700.00 and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Lehrkind, Commissioner Taylor, and Mayor Sedivy; those voting No, none. CondiHonal Use Permit - ShoppiY;\R Ce,.,t""r The request from Joseph W. Sabol, Attorney for the developers, for a conditional use permit to build a shopping center in Block 3 (except Lot 1) and all of Block 4 in Kirk's Subdivision #4 to the City of Bozeman having been tabled for a period of one week for the purpose of receiving additional information from the developers as to the proposed compliance with items one through eleven of Section 20.4, which concerns the I transitional district of the Bozeman Zoning Code, was removed from the table and pre- sented for further discussion and a final decision. There were several people present, including the developers, to comment on this proposed development. Following a lengthy discussion, it was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the Commission approve the granting of a conditional use permit and find that the requirements of the transitional zoning are met and passed 145 upon the following conditions: 20.4 STANDARDS 1. Conditional Use Permit - Application before Bozeman City Commission now. 2. Special Setbacks, yards, open spaces and buffers, these will conform to zoning requirements and ordinances as required by City of Bozeman. I 3. Fences and walls - it is not contemplated that these will be required, except to screen garbage collection areas. 4. Lighting - the main outside lighting requirements will be for the parking areas. These are mounted on poles and will conform to the architectural style of the building. Exterior sign lighting will be held to a minimum and must meet the requirements as outlined in the leases. All lighting will comply with city codes. Picture of sample types shown on plat. 5. Vehicular ingress and egress - planned to utilize all available streets to spread the traffic so as to provide maximum public health, safety and general welfare. Right-of-way for Babcock Street and 23rd Avenue to be conveyed to the City of Bozeman within 10 days. 6. Sign - there will be one sign at the main entrance to identify the center. This sign and all other signs as set out in item #4 will be subject to sign ordinances and regulations. 7. Regulation of time of certain activities - It is not now contemplated that there will be any activities which will extend beyond the time of normal closing of the center, hours are usually 9 to 9, except once in a while those of a public service nature, where a civic, or religious group of a club may be granted use of the mall or parking area on special occasions. 8. Landscaping plans will be submitted to the City of B~eman for their approval, it is planned to be consistent with current require- ments. . . .will enhance the esthetic appearance of the property and the neighborhood. All Landscaping will be maintained by full-time I maintenance personnel. We have shown a schematic of Landscaping and show via photos some our latest landscaping at Gateway West Mall. 9. Time schedule - Ground breaking - Late 1974 Construction period - One year Opening - Late 1975 or early 1976 10. Regulation of odors - All garbage kept in covered containers and collected daily, other odors to be kept to a minimum as no manu- facturing processes or other causes of odor are involved. Smoke - no incinerators, no smoke - heating by natural; Dust - Minimal - asphalt parking areas and roads; Airborne particles - Minimal, Vibration - None; Glare - None; Heat - No cause for excess agent; Noise - Minimal. 11. This Shopping Center will be designed as an orderly compatible development. It will not add to the garish and uncontrolled hodge- podge of strip development as we now know it. A Shopping Center requirements for water and sewer are minimal. They are no where near what the requirements would be if this property was developed as residential housing or as an industrial complex. And the additional requirements proposed by the City Manager. 1. That they deed to the City of Bozeman or dedicate to the public all of West Babcock Street from the existing right-of-way continuing south to intersect with West College Street within ten days. 2. That the City Engineering staff review and approve any construction over utility easements. I 3. That the City Commission approve the lighting system proposed for the shopping center. 4. That final landscaping plans be approved by the City Commission. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Attorney Joseph W. Sabol agreed to all of the above conditions on behalf of the developers. 146 Zone Code Amendment and Conditional Use - Animal Shelters ~ M-l Zone The request from the Gallatin Valley Humane Society, Inc.. to amend the Bozeman Area Zoning Code to include veterinary clinic and animal shelters in the M~l Zone having been continued for a period of three weeks to give the Humane Society the opportunity to meet with adjoining property owners and to discuss the problems that arose during the hearing and for receipt of a recommendation from the Zoning Commission was called I for hearing and a final decision. The Commission concurred in the recommendation of the Zoning Commission also con- curred in by the City Manager and it was moved by Commissioner Lehrkind. seconded by Commissioner yollmer, that they amend the provisions of the Bozeman Zoning Code to include veterinary clinic and animal shelters in the M-l Zone and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Vollmer, Commissioner Taylor. and Mayor Sedivy; those voting No. none. After further discussion the Commission concurred in the recommendation of the Bozeman Zoning Commission also concurred in by the City Manager and it was moved by Commissioner Vollmer, seconded by Commissioner Taylor, that the conditional use permit be granted subject to the condition that the building and buffer screening be constructed to minimize the noise and visual impact. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Taylor. Commis s ioner Lehrkind, and Mayor Sedivy; those voting No, none. COmmission Resolution No. 1686 ~ Payment Agent for SDS Refunding Bonds - First Security I Bank & Trust COmpany COMMISSION RESOLUTION NO. 1686 RESOLUTION OF CITY OF BOZEMAN, MONTANA, DESIGNATING FIRST SECURITY BANK AND TRUST COMPANY OF BOZEMAN, BOZEMAN, MONTANA, AS PAYMENT OFFICE designating the Security Bank and Trust Company of Bozeman as the place for payment of said principal and interest of the Bozeman Sewerage System Refunding Revenue Bonds, issued in the amount of $1,210,000 and dated 1 January 1974, as requested by the State Examiners was presented. The COmmission concurred in the recommendation of the City Manager and it was moved by Commissioner Taylor. seconded by COmmissioner Lehrkind, that Resolution No. 1686 be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being COmmissioner Taylor, Commissioner Lehrkind. Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Petition - Rezoning Lands South of Babcock Street - 19th Avenue East R-3 to B-2 A petition signed by ten property owners requesting a change of zoning of lands on the south side of Babcock Street east of 19th Avenue from R-3 Zone to B-2 Zone was presented. I The Commission concurred in the recommendation of the City Manager that they acknowledge receipt of the petition and refer the petition to the City-County Planning Board for their study and recommendation and the motion was carried by the following Aye , and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Vollmer, Commissioner Taylor, and Mayor Sedivy; those voting No, none. 147 AcbePtance of Deed - Colle~e Street Right-of-Way A deed whereby the United Agencies. Inc, , granted unto the City of Bozeman a tract of land on West College Street beginning at the Southwest corner of Section 12, Township 2 South, Range 5 East of M.P.M., Gal. tin County Montana and containing 0.184 acres of . land for Right-of-Way purposes was presented. I It was moved by Commissioner Vollmer, seconded by Commissioner Taylor. that the deed for a tract of land on West College Street for Right-of-Way purposes be accepted by the City Commission and filed for record with the Gallatin County Clerk and Recorder and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Taylor. Commissioner Lehrkind, and Mayor Sedivy; those voting No, none. License Bonds: Duane ~termillpr - Hou~e MOving $2,000.00 James Caffrev - Master Plumber $5 .000.00 In compliance with Chapter 14 and 16 of the Bozeman Municipal Code, the Ho~e Moving License Bonds of Duane Ostermiller in the amount of $2,000.00 and the Master Plumber License Bond of James Caffrey in the amount of $5,000.00 was presented. The Building Inspector has approved the certificates and the City Attorney approved the bonds as to form. It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that the above be approved and the motion was carried by the following Aye and No vote: those .oting Aye being Commissioner Taylor. Commissioner Lehrkind. Commissioner Vollmer. and Mayor Sedivy; those voting No. none. Application for Kenael Licen8e - Robert Dundal!l. 710 East Fridley I An application received from Robert Dundas. 710 East Fridley, requesting a kennel license in accordance with Ordinance No. 856, Section 5.16.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manager and the Police Captain stated they were not aware of any reason to deny the above kennel license and it was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer. that the above application be approved and the Director of Finance be instructed to issue a license to Robert Dundas in accordance therewith. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer. Commissioner Taylor, and Mayor Sedivy; those voting No. none. Preliminary Plans - City Shop Building Mr, William Grabow, Berg, Grabow and Associates, Architect for the proposed new City Shop Building appeared before the Commission to present the preliminary plans of the architectural design of the City Shop Building. It was moved by COmmissioner Lehrkind, seconded by Commissioner Vollmer, that they concur in the City Manager's recommendation to accept the preliminary plans and direct the Architect to proceed with the final plans and spedifications for the proposed new City Shop Building and the motion I was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, and Mayor Sedivy; those voting No. none. Reports The following reports were presented: Building Inspector Fire Chief Librarian 148 The City Manager commented on the reports and recommended approval thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Taylor, that the reports be approved and ordered filed and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer. Commissioner Taylor, Commissioner Lehrkind. and Mayor Sedivy; those voting No, none. Board Appointments and Reappointments - Paul Ohlrich - Replace Harold Rose, Zoning Commission I William Grabow - Planning Board Mayor Sedivy announced his appointment of Paul Uhlrich to the Bozeman Zoning Board to replace Harold Rose. who did not wish to be reappointed to the Board. and his reappoint- ment of William E. Grabow to the Planning Board to 3l December 1976. It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind, that they concur in Mayor Sedivy's appointment and reappointment and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Beer License Application - Hozeman Softball Association fOT 6~ 7 July It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the Bozeman Softball Association having met any and all requirements necessary. be granted a license to sell beer at the North Grand Park on 6-7 July 1974, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind. Commissioner Vollmer. Commissioner Taylor. and Mayor Sedivy; those voting No, none. Ordinance No. 947 - Re~ulating Sewage r~llection & Disposal Systems ORDINANCE NO. 947 I AN ORDINANCE OF THE CITY OF BOZEMAN REGULATING THE SEWAGE DISPOSAL SYSTEM OF THE CITY OF BOZEMAN, MONTANA, AND AMENDING CHAPtER 10. 16 OF THE BOZEMAN MUNICIPAL CODE. as prepared by the City Attlorney to amend Chapter 10.16 of the Bozeman Municipal Code for regulating the sewage disposal system of the City of Bozeman was presented. It was moved by Commissioner Vollmer. seconded by Commissioner Taylor. that the Ordinance be passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye being COmmissioner Vollmer, Commissioner Taylor. Commissioner Lehrkind, and Mayor Sedivy; those voting No. none. Contract Documents - Gallatin 'J'r,.nehin~ & Itti~ation The performance bond and the contract documents for the contract of Gallatin Trenching & Irtigation, Bozeman awarded 26 June 1974, for the installation of Interior Fencing for the Bozeman Recreation Complex was presented. It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind, that the contracts be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman and that Gallatin Trenching & Irrigation, be authorized and directed to proceed with the installation of the fencing and that the I bid security be returned to Gallatin Trenching & Irrigation and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, COmmissioner Lehrkind, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. Claims Claim No's. 07615 through 07780 and 18290 through 18513 inclusive were presented drawn on the various funds as follows: 149 Band $ 885.44 Cemetery 5,188.48 Garbage 6,137.51 General 17 ,252. 67 Library 1,245.47 Park 3 ,456 . 61 Parking Meter 14,936.05 P.E.R.S. 2,736.69 Planning Board 5.77 I Police Reserve 3,824.73 SDS 4,786.81 SID's 64,007.56 Street 8,893.23 Water 34,996.95 Bogert Pool 92,309.50 Multi Paving 3 ,00 1. 60 Recreation COmplex 2,057.60 $265,722.67 The City Manager stated that he had reviewed the claims, found them to be true and lawful claims against the City and recommended approval thereof. It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that the claims be approved and the Director of Finance be instructed to draw warrants in payment and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Taylor, and Mayor Sedivy; those voting No, none. Ad10urnment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer. seconded by COmmissioner Taylor, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting No I being COmmissioner Vollmer, Commissioner Taylor, COmmissioner Lehrkind, and Mayor Sedivy; those voting No, none. ATTEST: ;;-- y c-?/_L ,,,/;!'.-n~ ?, (?7a-" C~fY ERNA V. HARDING '......- Clerk of the City COmmission I