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Home My WebLink About1981-01-07 231 Bozeman, Montana January 7, 1981 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 7, 1981, at 10:00 o'clock a.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City I Manager Gesko, City Attorney Planalp, and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, December 31, 1980 were approved as submitted. Exit Conference - re 1979-1980 Financial Audit Members of Coopers and Lybrand Auditing firm of Denver, Colorado, and Kansas City, MO appeared in regard to the exit conference covering the 1979-1980 Financial Audit for the City of Bozeman. The firm urged the city management to revamp its accounting practices and to hi re com- petent personnel for the purpose of record keeping and accounting practices. The ninety page report includes a record of the City's finances, and a list of some of the improvements the City should make in its accounting practices. One of the auditors said the firm's "disclaimer of opinion" is in auditing theory, a "significant improvement" over the City's "adverse" status last year. The firm suggested that the City postpone the next audit for eighteen months, until City records are improved unless required by the State Department of Community Affairs. The City Manager advised the Commission and the auditors that the City has not yet responded to the audit, and could lessen the impact of some of the firm's comments. The Commission considered hiring Coopers and Lybrand to monitor City progress toward re- vamping its accounting system in preparation for a 1982 audit. The Commission and several members of the audit committee agreed that the City would not be prepared for a 1981 audit of this fiscal year. I Harry Newlon of the Auditing Committee strongly urged the Commission to have an eighteen month audit. He said they would be better prepared and would have everything up to date and the dollars would be so much better spent. Auditing Committee Member Gil Crain agreed with Harry Newlon. The City Manager advised the Commission and the Auditors that the City no longer has a deficiency. There being no further discussion on the audit report, the meeting was recessed at 11:15 a.m. Meeting reconvened 1:15 p.m. Public Hearing - Conditional Use Permit - Neal Ganser -toconstruct 5~200 sq. ft. - 4 individual units - for warehouses and office buildings - 601 Gold Street This was the time and place set for a public hearing to consider the Conditional Use Permit requested by Neal Ganser. The applicant seeks a conditional use permit to construct a 5,200 square foot structure consisting of four individual units within the structure for use by plumbers, HVAC contractors, etc., as warehouses with offices on Lot 10, Bomont Center Subdivision at 1440 Gold Street next to Bozeman Creek. The 'Planning Director presented the staff report which recommended approval subject to conditions. Following discussion, the Mayor declared the public hearing closed. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission " ~~,,,,e' <the' one, week pOil icy. The motli em waS ca rri ed by the' foll owi ng Aye and No vote: those voting **** ***** l. Final site plan to include address of project site (601 Gold Street) 2. Due to limited parking and maneuvering area and in conjunction with the type of uses proposed, vehicles used on the site will be limited to vans, pickups and similar sized vehicles. 3. The detail cross-section drawings need to add dimensions for thickness of asphalt and compacted gravel. **** Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab. Those voting No, none. ***** It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the Conditional Use Permit with the following conditions: . 232 4. Storage areas and garbage enclosure locations need to be specified on the site plan. The Planning Director requires locating on the final site plan an exterior location for garbage enclosures. An exterior garbage enclosure will require adding to the final site plan an elevation sketch Showing the enclosure (i.e., fencing). 5. A cross-section drawing of the 3.5 foot walkway adjacent to the structure is needed on final site plan. 6. Note on final site plan proposed color of structure. I 7. Specify the mature height of the plants as well as the initial installation height of pfitzer juniper. 8. The southern blue spruce south of Building Unit #1 should be relocated to avoid a vision problem for drivers leaving the property attempting to look around the curve to the west. 9. Specify that remaining landscaped area will be seeded with grass and note the type of grass proposed. 10. Label the curb location on the site plan to clarify this item. II. 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 within eighteen (18) months of the City Commission's action on the application 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. 12. 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 plans. 13. The Conditi ona 1 Use Permit shall be va li d for a peri od of only ei ghteen (18) months following approval of the final site plan and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfyall 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. I The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and ~1ayor MacNab; those voting No, none. Public Hearing - Zone Map Change - Don Weaver from RS-l to R-O & R-1 This was the time and place set for a public hearing to consider the Zone Map Change requested by Don Weaver. The applicant wishes to change a portion of Certificate of Survey No. 406-A which is located south of and adjacent to Kagy Boulevard and east of and adjacent to Westridge Subdivision from RS-1 to R-O, & R-1. The Planning Director presented the staff report which recommended approval of the proposed R-O zoni ng with an attached "T". The staff recommended denial of the proposed R-1 zoning as it would appear that this area does not appear to have access other than what may be provided through the office development area and the environmental information (soil and water) suggests major limitations for intensive residential. A letter addressed to the Planning Director from Donald K. Weaver, Jr., with the recommenda- tion that the R-l zoning be withdrawn from the request, was presented. Mr. Weaver was present to review the development of the property in question and to explain the apparent compatibility of the existing offices to the surrounding neighborhood. Several other persons were present in favor of the zone map change. Several property owners were present to protest the Zone Map Change. Dr. John Heetderks of Spring Creek Drive felt the buildings are not at all aesthetic looking. He felt the zone map change I ~RM~ae the character of the area and produce traffic con~estion. .\ /" Bob Chacwick stated that there is too much commercial concentration on Kagy Boulevard already. Laura Hanson felt that there is a need from R-l zoning. She thinks there is too much R-2 zoning in the City of Bozeman. Diane Chadwick feels another R-1 zone would be compatible. Several other property owners were present to protest the zone map change from RS-l to R-O. 233 Following considerable discussion, the Mayor closed the Public Hearing and a decision will be forthcoming on Wednesday, January 14, 1981. Continued hearing - Zone Code Amendment - Frank Seitz - (Chapter 18.48.010 allow body shops as permitted use in B-3 District This was the time and place set for the continued hearing to consider the Zone Code Amendment I as requested by Frank Seitz. The applicant seeks an amendment to the B-3 district, which if approved would allow automo- bile body shops as a permitted use in the B-3 district. The applicant has a building located on East Mendenhall in the B-3 district which has, until the past year, housed an auto service shop. The use cannot be resumed since it is a non-conforming use in this district and has been abandoned for more than ninety days. Michael Nash, representative of the applicant, felt that setting a precedent is not a major concern here. The Planning Director presented the Staff report which recommended denial of the Zone Code Amendment (Chapter 18.48.010 to allow body shops as a permitted use in B-3 districts). The Planning'Director informed the Commission that the Zoning Commission approved the Zone Code Amendment to allow body shops as a conditional use in the B-3 district. The Mayor declared the public hearing closed, and it was moved by Commissioner Mathre, seconded by Commissioner Vollmer that the Commission waive the one week waiting period. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and t1ayor MacNab; those voting No, none. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Zone Code Amendment to allow body shops as a Conditional Use in the B-3 district. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and ~1ayor MacNab; I those voting No, none. Consideration of bids - repurchase agreements for demand deposits John Evans appeared before the Commission in regard to the repurchase agreements for demand deposits. Mr. Evans advised the Commission that bids were received from The r~ontana Bank of Bozeman, The First National Bank of Bozeman and the First Security Bank of Bozeman. Mr. Evans stated that after computing the bids received, they found that the bid of the Montana Bank of Bozeman in the amount of 11.875% accrued daily and paid quarterly was the best bid received. Following discussion, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission accept the bid of Montana Bank of Bozeman in the amount of 11.875% accrued daily and paid quarterly. 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. Confirmation of Police Officer Paul Erickson The City Manager said Police Officer Paul Erickson had satisfactorily completed the required probationary period and recommended that Police Officer Paul Erickson be confirmed as a regular officer of the Bozeman Police Department effective January 1, 1981. It was moved by Commissioner ~1athre, seconded by Commissioner Vollmer, that the confirmation of Police Officer Paul Erickson be approved, and that Paul Erickson be congratulated upon completing the one year probationary period. The motion was carried by the following Aye and No vote: those I voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Petition - Valley Unit No.1 - Intent to create SID's - East side Ferguson Road, Babcock Street Fallon Street and Yellowstone Avenue A letter received from Joseph W. Sabol, petitioning the City of Bozeman to create a Special Improvement Lighting District for the following streets within the City, was presented: 234 Eastside Ferguson Road from its intersection with U.S. Highway 191 to its intersection with Durston Road. Babcock Street from its intersection with Ferguson Road to its intersection with the proposed Fowler Road Fallon Street from its intersection with Ferguson Road to its intersection with the proposed Fowler Road Yellowstone Avenue from its intersection with Fallon Street to its intersection with Durston Road I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the petition and instruct the staff and Montana Power Company to prepare the necessary documents to create the district. 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. Application - renewal of kennel license - Mrs. Ralph Kenck - 1317 W. Alderson An application received from Mrs. Ralph Kenck, 1317 West Alderson, requestin~a k~nn~l l~dense in accordance with Ordinance No. 1035, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manager stated the license is a rene~al and there is no reason to deny the kennel license. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the application be approved, and the Director of Finance be instructed to issue a kennel license in accordance threwitn. 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. Application - 1981 wine license - Universal Slide Co., - 15 Tai Lane The City Manager presented an application for a 1981 wine license along with the appropriate fee from Universal Slide Co., 15 Tai Lane. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission I approve the application for the wine license for the year 1981. 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. Frontier Airlines - discontinuance of Frontier flight from Dallas to Bozeman It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the City Attorney be instructed to address a letter to Frontier Airlines protesting the deletion of the Frontier flight from Dallas and arriving in Bozeman at 10:55 a.m. 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 With no further business to come before the Commission at this time, it was moved by Commissioner 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, CORlnissioner Swanson, CORlnissioner Mathre, conuni~ ~j'nd Mayor t.1acNab; those voting No, none. i ,// /' c~ 1// fh \ ,... '/t:-t.-?"" (, ' ...--'t..../ DUNCAN S. MACNAB, Mayor ATTEST: ERNA V. HARDING I Clerk of the City Commission