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Home My WebLink About1978-08-23 D2G August 23, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 23, 1978, at l:l5 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Berg and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meet- ing held on Wednesday, August 16, 1978, were approved as sumbitted. I The Absence of Commissioner Swanson authorized - August 23, 1978 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the absence of Com- missioner Swanson, from this meeting be authorized in compliance with Section ll-3245, R.C.M., 1947. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - David Rutledge to construct convenient food store and self serve gasoline station The decision on the request of David Rutledge to construct a convenient food store and self serve gasoline station at the southeast corner of Griffin Drive and North Seventh Avenue having been delayed for an on the ground inspection by the Commission was presented for a final decision. The City Manager stated the width of the proposed sign is 29 feet. He further advised the Com- mission that the City has tried to operate under a standard whereby the height of the sign would not exceed the height of the building. The Planning Director explained that there is no ratio between the height of the building and the size. The proposed sign ordinance will require all signs to be reduced in size. The City Manager said that if it is anew sign it can take from three to five years to phase it out. The City Manager concurred in the recommendation of the Zoning Commission in that the signing be limited to one free standing sign having a maximum height of 20 feet and a sign area of 50 feet. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, I that the Commission grant the Conditional Use Permit for a 40' high sign with a maximum surface size of 80 square feet with the condition that if the proposed ordinance is passed the 'applicant abide by the ordinance. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer & Commissioner MacNab, those voting No, Mayor Sedivy. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the height be restricted as recommended by the Zoning Commission with the following four conditions being a part of the requirements: 1. The development be dictated by the site plan locating the building in the southwest corner and having perpendicular accesses. - 2. That seventy-five percent of the total yard areas be landscaped with vegetative material (grass, shrubs, trees), to specifically include a minimum of two (2) (minimum inch caliper) trees per street frontage. 3. Signing be limited to the following: a) One (1) free-standing sign having a maximum height of forty (40) feet and a sign area of eighty (80) square feet. b) One (1) flush-mounted building sign having a sign area of fifty (50) square feet. Said sign shall not exceed the height of the building. c) No flashing, blinking or animated signs shall be permitted. d) No directory sign shall exceed five (5) square feet in size. 4. Four (4) foot high minimum screening fence to be constructed along the eastern property I line for the distance of the six (6) parking spaces. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab & Commissioner Vollmer, those voting No being Commissioner Sedivy. Rocky Mountain Veterinary Clinic - Decision on request for sign variance - 1340 East Main Street The request for the sign variance having been delayed a period of one week for an on the ground inspection and further study was presented. The City Manager advised the Commission that Mr. Bergero.!J"V.M.D. of the Rocky Mountain Veterinary Clinic intends to treat horses, however, but only on a deliver and pick-up-basis. Mr. Bergeron assured : : ,~. UL/ the City Manager that there were no plans for the future construction of corrals for keeping horses overnight. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that they approve the variance for a sign to be erected on the new site of the Rocky Mountain Veterinary Clinic at 1340 East Main Steet. I The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Downtown Off Street Parking Final Assessment - Status report on public hearing protests The City Manager stated that the Assistant City Engineer had given him a status report which, in turn, was forwarded to the Mayor and City Commissioners. The status report submitted by the Assistant City Engineer related to a status report on those protests of inaccuracies which have thus far been called to his attention with regard to the final assessment for the off-street parking SID. The Assistant City Engineer advised the Commission that the primary objection is the daytime and nighttime users. Various properties within the district have requested consideration under Section 18.84.040 - JOINT USE of the Bozeman Municipal Code. He further stated that in the orig- inal agreement the City did not count uses. Following discussion and after answering questions, the Commission instructed the Assistant City Engineer to notify businesses they could have the option of making agreements for joint park- ing uses before making a decision on how that should affect the assessment. Commissioner Vandeventer agreed to meet with the Parking Commission to get their intrepretation of the Zoning Code relative to Special Improvement No. 565. Ordinance No. 1012 - Amending Section 2.30.020 relating to membership, appointment and qualifications of Zoning Commission Ordinance No. 1012 amending Section 2.30.020 of the Bozeman Municipal Code as prepared by the I City Attorney was presented, entitled: ORDINANCE NO. lO12 AN ORDINANCE AMENDING SECTION 2.30.020 OF THE BOZEMAN MUNICIPAL CODE RELATING TO MEMBERSHIP, APPOINTMENT AND QUALIFICATIONS OF THE ZONING COMMISSION OF THE CITY OF BOZEMAN. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission pass and adopt Ordinance No. lOl2 amending Ordinance No. 1012 to allow two of the five at-large members of the Zoning Commission to be residents of Gallatin County residing outside the City limits, but within the Zoning Jurisdiction of the City of Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer Commissioner Vandeventer and Mayor Sedivy, those voting No, none. First Security Bank - Warranty Deed for signature - a tract of land situated in Block C ~ of Original Townsite for use as a north south alley. Petition Townsite. A petition received from the First Security Bank of Bozeman requesting vacation of a tract of land situated in Block C of the Original Townsite of Bozeman, Montana, for use as a north south alley along with a Warranty Deed was presented. At one time when the First Security Bank was undergoing expansion they dedicated an alley running north and south between the existing alley and Babcock to the City of Bozeman. They are again undergoing an expansion and the proposed parking lot which will result from the razing of the Forest Service shop crosses and conflicts with the alley dedication made before, therefore, I they suggest that the dedication formerly made now be moved westward, which will allow a more feasible parking layout for bank customers and employees. Authorizing the Warranty Deed will exchange one dedicated right-of-way for the former alley site to a more westerly location. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission acknowledge receipt of the Warranty Deed and the petition for discontinuance and vacation of a portion of the alley in Block C of the Original Townsite of Bozeman, Montana and instruct the City Attorney to draw up the necessary papers. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy, those voting No, none. Petition - Far West Annexation It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City acknowledge receipt of the pet~tion from the property owners l~v~ng ~n the Far West area. The 028 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; thost voting No, none. Steve Kil10rn - Restvedt's Market - Request permission to hold outdoor Barbeque in front of store - Saturday, August 26, 1978 A letter received from Steve Killorn of Restvedt's Market requesting permission to hold an outdoor barbeque in front of his store on Saturday, August 26, 1978, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Mr. Killorn be granted permission to hold the outdoor barbeque with the stipulation that there is nothing on I the sidewalk to restrict pedes train traffic. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution No. 1997 - Creating SID No. 600 - Figgins Phase IV - Watermains Commission Resolution No. 1997, creating Special Improvement District No. 600 was presented COMMISSION RESOLUTION NO. 1997 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 600 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A TEN (10) INCH WATER MAIN AND APPURTEN ANCES ON WESTRIDGE DRIVE AND A SIX (6) INCH WATERMAIN AND APPURTENANCES ON LANDOE AVENUE AND ACROSS EASEMENTS BETWEEN SAME IN FIGGINS ADDITION ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, CAST IRON WATER MAINS, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 1997 be passed and adopted, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Commission Resolution No. 1998, creating SID No. 601 - Figgins Phase IV - Sanitary Sewer I Commission Resolution No. 1998, creating Special Improvement District No. 601 was presented, entitled: ~ COMMISSION RESOLUTION NO. 1998 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 601 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LAT- ERAL MAIN AND THE NECESSARY APPURTENANCES ON WESTRIDGE DRIVE BETWEEN GRAF AND ARNOLD STREETS AND A TEN (10) INCH SANITARY SEWER ON ARNOLD AND THE REMAINDER OF WESTRIDGE DRIVE IN FIGGINS ADDITION, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS,MANHOLES, AND OTHER NECESSARY APPUR- TENANCES THERETO. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Res- olution No. 1998 be passed and adopted, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Local Union No. 239 AFL-CIO - Permission to serve beer - fifth annual picnic, Lindley Park, September 9, 1978 A letter received from Local Union No. 239 AFL -CIO requesting permission to serve beer at I their Fifth Annual Union Picnic and Family Day, to be held on September 9, 1978 in Lindley Park, was presented. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Vande- venter, that the Local Union No. 239 AFL-CIO apply for a beer license to enable dispensing beer at the picnic. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Camp Fire Girls - Request permission to hold Candy Sale - October 13-22 A letter received from the Camp Fire Girls requesting permission to hold their annual candy ,I ~ ,'...., f 'j UL ,:: sale October 13-22, 1978 was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Camp Fire Girls be granted permission to hold their annual candy sale. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No none. I Bozeman Jaycees' Inc. - Beer License Application - August 25 - 28, 1978 A letter received from the Bozeman Jaycees', Inc. requesting permission to operate a concession stand at the Fairgrounds during the rodeo on August 25-28, 1978, was presented. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request to operate a concession stand on August 25-28 be approved. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. ~. ATTEST: I ct' /~ .... ,,-L':??c2' .. .' a ' - ERNA V. HARDING, CLEIHz OF CITy.... ISSION I