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HomeMy WebLinkAbout1980-12-17 219 I Bozeman, Montana December 17, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 17, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, December 10, 1980 were approved as submitted. Decision - Conditional Use Permit - Everett Egbert - construct 95' x 104' metal structure for use as a warehouse The request of Everett Egbert for a Conditional Use Permit to build a 95' x 104' metal structure for use as a warehouse, was presented for a decision. The applicant seeks a conditional use permit to construct a 95' x 104' metal structure for use as a warehouse located at 2004 Gilkerson Drive. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Stiff that the Commission approve the Conditional Use Permit with the following conditions: 1. Final site plan needs to include project site address. 2. The loading area is not adequate for semi-truck meneuvering area. The vehicle use will have to be limited to standard truck use. I 3. Storage areas, garbage enclosures or similar area needs to be shown on final site plan. 4. Detail cross-sections need to include cross-section drawing of sidewalk, showing height from asphalt surface, on final site plan. 5. Elevation drawings need to include east elevation drawing on final site plan. 6. The curb height from asphalt surface in detail cross-section should be revised to six (6) inches. I 7. The final site plan needs to indicate type of material to be stored in the structure. 8. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 9. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 10. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be groundS for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Stiff, Commissioner Mathre, and Mayor MacNab; those voting No, none. Decision - Conditional Use Permit - George Popiel - construct 50' x 172' addition to present shop facility The request of George Popiel for a Conditional Use Permit to construct a 50' x 1721 addition to the present shop facility, was presented for a decision. The applicant seeks a conditional use permit to construct a 50' x 172' addition to the present shop for preparing mobile homes for delivery to retail customers. The property is located at 8454 Huffine Lane. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Conditional Use Permit with the following conditions: 220 1. The application proposes to enclose an area currently being used for preparing mobile homes for delivery to retail customers. The application does not affect areas used for existing display purposes nor existing off-street parking spaces. Therefore, parking lot, loading areas, and landscaping will remain as they are at this time. 2. Due to the new addition being adjacent to the existing parking lot, a curb stop a minimum of 5 feet from the structure and adjacent parking lot is required. A cross- section of the curb stop as well as clearly showing the curb stop on the final site plan is necessary. Note: Condition No.2 modified to provide curb stops a distance of five (5) feet from the structure instead of walkways a minimum of three (3) feet from the structure. 3. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 4. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 5. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Cohditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Decision - Conditional Use Permit - Ken LeClair - Townhouse Planned Unit Development - allow construction of 39 unit Townhouse project The request of Ken LeClair for a Conditional Use Permit to allow construction of a thirty-nine unit townhouse project which includes a four unit office complex, was presented for a decision. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Conditional Use Permit for a Townhouse Planned Unit Development less the four unit office complex (commercial offices) with the following conditions: 1. Three (3) copies of a final site plan containing all conditions, corrections and modifica- tions recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 2. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 3. The Conditional Use Permit shall be valid for a periOd of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satiSfy all conditions within the designated time period may be groundS for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff; those voting No being Commissioner Vollmer, and Mayor MacNab. Decision - Zone Map Change - Virgil Jahnke - (A-S to R-O, R-l, R-MH, PLI, B-1, B-2, and T-R) The request of Virgil Jahnke for a Zone Map Change from A-S to R-O, R-l, R-MH, PLI, B-1, B-2, and T-R, was presented for a decision. The general location of the site is west of and adjacent to Ferguson Road, south of and ad- jacent to Durston Road, and north of and adjacent to U. S. Highway 191. The site is approximately 500 acres. I I I ~ ;:. 221 I The City Manager explained that if the land is zoned R-MH, there can be no further opportunities for "zoning" buffers. There may be buffers of a different nature, such as parkland, additional set- back, landscaping, fences, etc, but nothing of a 'zoning" nature such as suggested by the neighbors across the road. There was a discussion as to the difference of mobile home parks and mobile home subdivisions. The R.M.H. District allows for either or both these types of development. Following further discussion the City Manager recommended that the Commission approve the Zone Map Change with the absolute petition that the Waiver of Protest to Annexation be attached to the entire five-hundred acres, and that a "T" designation be attached to the B-1, B-2, and T-R. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the Commission approve the Zone Map Change and that the Waiver of Protest to Annexation be attached to the entire 500 acres, and that the "T" be attached to the B-l, B-2, and T-R. Also that the developer agrees that he will submit all plans for subdivision and development of the property to the City Commission for its approval. Commissioner Mathre then moved that the Commission table the above motion for a period Of six months. The motion failed for lack of a second. Those voting to approve the Zone Map Change were Commissioner Stiff, Commissioner Swanson, Commissioner Vollmer, and Mayor MacNab; those voting No being Commissioner Mathre. Pat Penberthy of Montana Power - discuss SILD 631 - Northeast portion of Bozeman from Black east and Lamme north to Tamarack Pat Penberthy of the Montana Power Company appeared before the Commission to discuss the proposed high pressure sodium street lighting in connection with Special Improvement Lighting District No. 631 which would be installed in the northeast area of the City. Mr. Penberthy addressed the cost comparisons between mercury vapor luminaires mounted on wood poles served by overhead conductors, and Type III High Pressure Sodium Luminaires Mounted on Wood Poles and served by overhead conductors. ~1r. Penberthy said that even though high-pressured sodium vapor fixtures use less energy, they have a higher monthly rate. He explained that sodium fixtures available in 100 watt bulbs, draw only 140 watts for a lighting power of 9,500 lumens at a cost of $8.39. The standard 175-watt mercury vapor lights now used in the city draw 212 watts for 7,000 lumens at a cost of $4.84. Following discussion, Commission Resolution No. 2284 - declaring the intention to create SILD No. 631 in the Northeast portion portion of Bozeman from Black east and Lamme north to Tamarack, as prepared by the City Attorney was presented, entitled: I COMMISSION RESOLUTION NO. 2284 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTA~A, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 631 FOR THE PURPOSE OF OPERATING AND MAINTAINING A LIGHTING DISTRICT TO LIGHT THE NORTHEAST PORTION OF BOZEMAN FROM BLACK EAST AND LAMME NORTH TO TAMARACK. SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BE THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION 7-12-4301 TO 7-12-4326 INCLUSIVE OF THE REVISED CODES OF MONTANA. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Resolution No. 2284 be passed and adopted, and January 14, 1981 be the date set for the public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. I Commission Resolution No. 2286 - Amendment to Bozeman Area Master Plan - Bob Braun Commission Resolution No. 2286 amending the Bozeman Area Master Plan as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2286 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA GALLATIN COUNTY, MONTANA, FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the resolution amending the Bozeman Area Master Plan for Bob Braun. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. 222 Commission Resolution No. 2287 - Amendment to Bozeman Area Master Plan - Virgil Jahnke - 500 acres - Valley Unit Subdivision Commission Resolution No. 2287 amending the Bozeman Area Master Plan as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the resolution amending the Bozeman Area Master Plan for Virgil Jahnke (Valley Unit Subdivision) in the amount of five hundred acres. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Commission Resolution No. 2288 - Amendment to Bozeman Area Master Plan - Robert Pearson adjoins Life of Montana R-3 Commission Resolution No. 2288 amending the Bozeman Area Master Plan as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the resolution amending the Bozeman Area Master Plan for Robert Pearson adjoining the Life of Montana. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Commission Resolution No. 2289 ~ Amendment to Bozeman Area Master Plan - Wm. Sebena - Bohart Lane - R-MH Commission Resolution No. 2289 amending the Bozeman Area Master Plan as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2289 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve Commission Resolution No. 2289 amending the Bozeman Area Master Plan requested by William Sebena lying in the vicinity of Bohart Lane. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. I Commission Resolution No. 2290 - Amendment to Bozeman Area Master Plan - Ray White - Gooch Hill RS-2 Commission Resolution No. 2290 amending the Bozeman Area Master Plan as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2290 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve Commission Resolution No. 2290 amending the Bozeman Area Master Plan for Ray White for land lying on the west side of Gooch Hill Road, south of 191. The motion was carried by the following Aye and Not vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Commission Resolution No. 2291 - Amendment to Bozeman Area Master Plan - Virgil Jahnke- Valley Unit Subdivision - 38.7 acres Commission Resolution No. 2291 amending the Bozeman Area Master Plan as prepared by the City Attorney was presented, entitled: I 223 I COMMISSION RESOLUTION NO. 2291 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA FOR AN AMENDMENT TO THE 1972 BOZEMAN AREA MASTER PLAN It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the resolution amending the Bozeman Area Master plan for Virgil Jahnke of the Valley Unit Subdivision in the amount of 38.7 acres. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. I Art Van't Hul - status report on water supply The City Engineer gave a general discussion or status report on the City's water supply and distribution system. Mr. Van't Hul outlined the capital improvement items to be accomplished under the proposed water rate increase. Mr. Van't Hul said the filtration system in the City's proposed two million dollar water treatment plans will eliminate a bacteria that caused a recent outbreak of giardiasis in Bozeman. Mr. Van't Hul further stated the disease dwindled when the City switched from Hyalite Reservoir to Mystic Lake water. EPA - Outlay report and request for reimbursement for construction programs C300208 - Step 2 for signature by Mayor and Clerk of Commission The EPA Outlay report and request for reimbursement for construction Program C300208 - Step 2 as provided in plans and specifications prepared by EPA for federal assistance, was presented. The amount requested for reimbursement is $113,125.00. This is seventy percent of the physical completion of the project. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Mayor and Clerk of the Commission be authorized and directed to sign the forms and return them to the Environmental Protection Agency. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Easement - Bozeman Deaconess Foundation - Sewer Trunk - New Hyalite An Easement and Right of Way Agreement by and between the Bozeman Deaconess Foundation and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintain- ing, and removing a sanitary sewer pipe over and across a tract of land in Section 17, T2S, R6E, and containing 1.9 acres, was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Easement and Right of Way Agreement as presented, and the Mayor and Clerk of the Commission be authorized and directed to sign the easement for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. I Easement - Roger Dean and Suzanne P. Luehrs - Sanitary Sewer - West Main Annexation An Easement and Right of Way Agreement by and between Roger Dean and Suzanne P. Luehrs and the City of Bozeman for the purpose of installing, operating, using, repairing, replacing, maintain- ing, and removing a Sanitary Sewer pipe over and across the eastern tract of the West Main Annexation in the SE\, SW\, Sll, T2S, R5E, and containing approximately 0.069 acres, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Easement and Right of Way Agreement as presented, and the ~1ayor and Clerk of the Commission be authorized and directed to sign the easement for the City. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mat~re, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Proposal for codification of City Codes The proposal for codification of ordinances for the municipality of Bozeman, Montana was presented. The proposal is to prepare and furnish two (2) copies of an analysis of the existing ordinances of the municipality and a code structural plan at an approximate cost of $2,000.00. Seventy percent of the money paid by the municipality for the Ordinance Analysis and Report will be credited in full 224 towards the cost of a complete codification project undertaken within one year of the completion of the Ordinance Analysis and Report. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the proposal for codification of ordinances for the municipality of Bozeman be approved since it is a 1980-1981 budget item. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, and Mayor MacNab; those voting No, none. Application for raffle license - Sigma Nu Fraternity - January 23, 1981 The City Manager presented an application for a raffle license along with the appropriate fee from Sigma Nu Fraternity, for a raffle to be held on January 23, 1981. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application fora raffle license as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Application for beer and wine license to December 31, 198V - Kathy Garcia-Union Hall The City Manager presented an application for a beer and wine license along with the approp- riate fee from Kathy Garcia of the Union Hall for a period ending December 31, 1981)~ The Commission concurred in the recommendation of the Chief of Police, also concurred in by the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for the beer and wine license as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Progress of Repurchase Agreement The City was advised by the City Attorney that the bond writers suggested that City delay action on investing the general fund demand deposits under a plan designed to earn the City more than $30,000.00 a year in interest. Commissioner Stiff said the legal and financial advisors are costing the city lucerative investment in the present money market. The investment of all demand deposit accounts with the highest bidding financial institution has been slowed by bond covenants mandating separate accounts for the City's water and sewer funds. Commissioner Stiff said the delay was unnecessary because the plan has been in use success- fully around the State. Commissioner Stiff said the Commission should act on their responsibility to the City. The City Manager suggested that the City invest the general funds. The Commission concurred in the recommendation of the City Manager, and it was moved by Commi ss i oner Swanson, seconded by Commi ss i oner ~1athre, that the Commi ss i on approve the investment of the general fund demand deposits under a plan to earn the City a higher interest rate. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Com- missioner Mathre, Commissioner Vollmer, Commissioner Stiff, and r.1ayor MacNab; those voting "No, none. File reports - Building Inspector - Police Department The City Manager commented on the report of the Building Inspector and the Police Department and recommended they be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Report: Broad Valleys Federation of Libraries for November The report of the Broad Valleys Federation of Libraries for November was presented for acknowledgement and filing on Wednesday, December 24, 1980. I I I I I I Claims Claims for the month of November and December were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Adjournment - 5:00 p.m. With no further business to come before the Commission at this time, it was moved by Com- missioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissione V llmer, and Mayor MacNab; those voting No, none. ATTEST: ~ fitn~. /,v ERN . HA DIN ~ ~. Clerk of the City Commission 225