Loading...
HomeMy WebLinkAbout1978-08-30 030 August 30, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 30, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Berg and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, August 23, 1978, were approved as submitted. I Downtown Off Street Parking S.I.D. - Daytime/Nighttime shared use, etc. Having been instructed to investigate the effect of daytime nighttime parking credits the City Engineer reported back to the City Commission. City Engineer Van't Hul explained that the zoning code permits up to 50 percent of the park- ing facilities required by this section for churches , auditoriums, night clubs, and other uses of a nighttime nature, may be supplied by the parking facilities provided for uses prilmarily of a daytime nature. Where joint use is desired, an application shall be made to the Zoning Com- mission. Said application shall contain proof that there will be no substantial conflict in the principal operating hours of the two buildings or uses for which the joint use is proposed; that all other conditions within this section are met; and legal documents executed by the parties involved in the joint use guaranteeing use by both parties. Said legal document shall be approved by the City Attorney and recorded withthe County Clerk and Recorder. In reviewing protests which would benefit from the daytime nighttime use of parking stalls for primarily nighttime businesses, the engineering staff arrived at the following conclusion: The Bozeman Hotel, Ellen Theatre, American Legion, Rialto Theatre, Masonic Temple, Eagles Club, and the Bowl would all qualify for this use. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the daytime/nighttime 50 percent reduction and the legal documents shall be approved by the City Attorney and recorded with the County Clerk and Recorder at a later date. The Assistant Engineer advised the Commission that there were a few other items which needed I clarification. Roger Craft, on behalf of the R & N Corporation, requested that the hallways not be used to calculate the assessment for the Bozeman Hotel. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission deny the request, and the 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, those voting No, none. Mike Hruska of the Bowling Alley indicated that the parking factor applies to the entire building. This results in a demand parking of 108.7 stalls for the Bowl. The proposed code required 5 spaces per alley or 90 stalls for this establishment. Mr. Hruska felt the above was a more realistic figure. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vande- venter, that the Commission approve the reduction of parking stalls from l08.7 stalls to 90.0 stalls for the Bowling Alley. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. There are three items pertaining to the City of Bozeman. In the past City Parks have not been assessed for SID's. Mr. Berg indicated that the City Commission, at its discretion, may eliminate public places including parks, from special improvements. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City Park at the old City Hall location be eliminated from the assessment role. The motion was carried I by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Mr. Grant Murie, Director of Finance, requested that the City be given credit for on-street parking stalls on North Rouse Avenue adjacent to City Hall. Mr. Berg stated that the SID was created to specifically include off-street parking only. Following the City Attorney's recommendation, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City not be given credit for on-street parking. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vande- venter, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. j ~ . "'" ,:., uvJ. Mr. Murie also requested that the parking at the old city shop be included in the parking assessment since the buildings are to be leveled and a parking lot be constructed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City be given credit for a parking lot in this area. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner I Vandeventer and Mayor Sedivy, those voting No, none. Decision - Commission Resolution No. 1987 - Far West Annexation Having delayed action on Commission Resolution No. 1987 for an additional twenty day period for the purpose of receiving protests, it was brought before the Commission for a decision. Petitions representing an approximate 90% objection to the Far West Annexation were received. The City Attorney advised the Commission that no portions of the area could become a part of another annexation for at least one year. The City Engineer said residents had cut their own throats as far as getting immediate help with City sewer and water should they ever need it because of ground water contamination. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City Commis- sion proceed no further with the Far West Annexation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Public Hearing - Conditional Use Permit - Michael Powers - Construct ski rental shop, petroleum products warehouse, etc. , on western half of Lots 6 & 7 of May's Tracts. This was the time and place set for a public hearing to consider the request of Michael Powers. The applicant seeks a Conditional Use permit to construct a ski rental shop, petroleum products warehouse, office space, key-stop gas and diesel outlet for commercial accounts, under- ground storage for key-stop outlet and future use of self-serve gasoline outlet. The development will be located on the western half of Lots 6 and 7 of May's Tracts. I The City Manager advised the Commission that Mr. Powers received a conditional use permit on June 7, 1978, from the City Commission to construct the same type of facility excluding the ski rental shop. The Planning Director presented the staff report which recommended approval of the Conditional Use Permit with seven conditions. Doug Alexander appeared on behalf of Mike Powers to answer any questions that might arise. The Mayor declared the public hearing closed, and the City Manager recommended that action be deferred for a period of one week. Public Hearing - Zone Code Amendment - Community T.V., Inc. - to permit an F.C.C. regulated earth station as a permitted use in the R-S districts This was the time and place set for a public hearing to consider the request of Bozeman Cable T.V. The applicant seeks a zone code amendment to permit an F.C.C. regulated earth station as a permitted use in the R-S districts. The site chosen by the applicant is located in Bulen's Subdivision adjacent and north of Gardner Park Subdivision. The site was chosen because less interference would be experienced from existing waves. Commissioner Vandeventer asked to be excused during the above discussion. The staff report was presented by the Planning Director. He said that at present earth sta- tions were not a permitted use in any zoning district. He further stated the applicant seeks a permitted use in the R-S district. Mike Nash, representing the applicant, addressed the Commission and gave a general explanation I as to the use of the earth station. Mr. Nash presented photographs of earth stations which are located in Butte and Lake Tahoe. He pointed out that these sites can be landscaped and made at- tractive. The City Manager asked Mr. Nash how close the earth station must be within the three acres. Mr. Nash indicated that the signal could be received at any area. The Mayor declared the hearing closed and action is to be delayed for one week. Public Hearing - Zone Map Change - Maurice Klabunde from A-S to B-2-T area now occupied by Stan's Miniature Golf along U.S. Highway No. 191 approximately 1l acres (to be continued) This was the time and place set for a public hearing to consider the request of Maurice Klabunde. The applicant seeks a zone change from A-S to B-2-T for the area now occupied by Stan's 032 Miniature Golf along U.S. Highway #191 west of Rea Road, containing 13 acres of which approximately II acres are undeveloped. Paul Bolton, Planning Director presented the staff report which recommended that the zone change request be denied based upon the findings of the Planning Staff. The hearing to consider the zone change from A-S to B-2-T will be continued until a recommend- ation is received from the City/County Planning Board and the Zoning Commission. I Public Hearing - Zone Map Change - Michael M. Nash et al - R-3 & R-O to B-3 which is in conflict with the Bozeman Area Master Plan designation of Medium Density Residential - located east of and adjacent to South Nineteenth Avenue extending northerly from Fire Substation (to be continued) This was the time and place set for a public hearing to consider the request of Mike Nash. The applicant seeks a zone map change from R-3 and R-O to B-3 which is in conflict with the Bozeman Area Master Plan designation of Medium Density Residential. The area is located east of and adjacent to South 19th Avenue extending northerly from the fire substation. Following discussion, it was recommended that the Zone Map Change as requested by Michael Nash be continued until such time as a recommendation has been received from the Planning Board and the Zoning Commission. Ordinance No. 1009 - Public Hearing - 1978 National Electrical Code (final passage) This was the time and place set for a public hearing to consider adopting the 1978 Edition of the "National Electrical Code" (Ordinance No. lO09). The notice of intention was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Ordinance No. 1009 be passed and adopted, and the 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, those voting No, none. Decision - Residency requirements for employees Having delayed action on the residency requirements for employees for a two week period, it I was presented for further discussion. The City Manager advised the Commission that if the voters would approve letting employees live outside the City limits, the Commission would still have the right to establish how far out they could live. The City Managers memorandum supported continuing the 3.5 mile limit. The City Attorney told the commission that those who moved out of the City during the trial period could not be required to move back in if the policy is changed. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vande- venter, that the City Attorney be instructed to research putting the issue on the November ballot. It was then moved by Commissioner Vollmer, seconded by Commissioner MacNab, that the motion be amended to read that the City Commission set a one-week moratorium on any more city employees moving out of the City, and that the City continue the 3~ mile privilege until further discussion by the commission. Those voting Aye on the amendment being Commissioner Vollmer, Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy, those voting No, none. Those voting Aye on the amended motion being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy; those voting No, none. Commission Resolution No. 200l - First Security Bank - Vacate tract of land situated in Block C of Original Townsite for use as a north-south alley (in exchange for similar dedication just westward) COMMISSION RESOLUTION NO. 2001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE A PORTION OF THE TRACT OF I LAND SITUATED IN BLOCK C OF THE ORIGINAL TOWNSITE OF BOZEMAN, MONTANA, FOR USE AS A NORTH-SOUTH ALLEY. as prepared by Assistant City Manager was directed by the City Commission to vacate a tract of land situated in Block C of the Original Townsite., for use as a north-south alley, being 20 feet in width and 141.5 feet in length and more particularly described as the westerly 5.5 feet of Lot 29 and the easterly 14.5 feet of Lot 30 of Block C, Original Townsite to Bozeman, Montana was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commission Resolution No. 200l be passed and adopted and September 27, 1978, be the date set for public hearing and the motion was carried by the following Aye and No vote, those voting Aye being ! . ,~", vv': Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Ordinance No. 1013 - Amend Ordinance No. 1012 - relating to membership appointment and qualifi~ cations of Zoning Commission Ordinance No. 1013 amending Section 2.30.020 of the Bozeman Municipal Code as prepared by I the Assistant City Manager was presented, entitled: ORDINANCE NO. 1013 AN ORDINANCE AMENDING SECTION 2.30.020 OF THE BOZEMAN MUNICIPAL CODE AND ORDINANCE NO. lOl2 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. 1013 amending Ordinance No. 1012 Section 2.30.020 of the Bozeman Municipal Code. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Appointments & Reappointments -various boards Mayor Sedivy announced his appointments and reappointments to the various City Boards as follows: Parking Commission - Louis Spain, Sr. , to June 30, 1982 Rod Marshall to June 30, 1982 Pedestrian/Traffic Safety George Tate to Replace to Dec. 3l, 1978 Bill Nelson Planning Board Willaim Grabow to June 30, 1980 Zoning Commission George Howard VanNoy to June 30, 1980 Paul Uhlrich to June 30, 1980 I It was moved by CommissionerVollmer, seconded by Commissioner Swanson, that the Commission concur in the appointments and reappointments made by the Mayor. The 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, those voting No, none. Raffle License Application - Eagles Lodge Softball Team - May 5, 1979 The City Manager presented an application from the Eagles Lodge Softball Team, along with the required fee for the purpose of holding a raffle on May 5, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commis- sion concur in the recommendation of the City Manager and approve the application for a raffle license. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, CommissionerVollmer, 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 Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I ATTEST ;) ,~ ERNA V. HARD lNG, ISSION