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HomeMy WebLinkAbout1979-01-17 J,,2h January 17, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Munic- ipal Building, January l7, 1979, 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 Planalp and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on January 10, 1979, were approved as submitted. Leave of Absence - Commissioner MacNab - January 24, 1979 I Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab be authorized for January 24, 1979 in compliance with Section 11-3245, R.C.M., 1947. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permits (a) Milton Jones - allow well drilling business and welding on Bridger Drive Action was delayed on the request of Milton Jones for a conditional use permit for a period of one week. The applicant seeks a conditional use permit to construct a 4,500 sq. ft. building to be used for storage and maintenance for equipment used for a well-drilling and welding bus- iness. The site is located on Tract D, or more commonly north on Bridger Drive. The Zoning Commission unanimously recommended approval of the Conditional Use Permit re- quested by Milton Jones subject to the conditions as recommended by the staff report. The Commission concurred in the City Manager's recommendation, and it was moved by Commis- sioner MacNab, seconded by Commissioner Vollmer, that the Commission approve Milton Jones' re- quest for a conditional use permit with the following conditions: 1. The curb opening servicing the building from the East be restricted to prevent through traffic by extension of landscaping. 3. Signing be blinking. area of 70 limited to one flush-mounted building Said sign shall not exceed the height sq. ft. sign, non-illuminated, flashing, or of the building nor a maximum sign I 2. The applicant receive approval for a temporary permit from the County Health Depart- ment for an on-site septic system. 4. The landscaping for the site shall consist of a mlnlmum of two trees per lot front- age (minimum l~ inch diameter), (along Bridger and the cul-de-sac) and 75% of the required yard and setback areas shall be landscaped with live vegetative material. All landscaped areas shall be enclosed by a permanent, protective curbing at least six inches in height to prevent traffic across the landscaped areas. 5. All outside storage of materials and apparatus (exclusive of vehicles) related to or used in conjunction with the proposed use shall be totally screened with max- imum six foot high solid fence. No storage material or vehicles shall be permitted to be located within the twenty foot front yard setbacks. 6. All site improvements shall be installed within eighteen months at the issuance of the conditional use permit. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. (a) Michael McMullen - construction of warehouse on North Rouse Action was delayed on the request of Michael McMullen for a conditional use permit for a period of one week. The applicant seeks the conditional use permit to allowthe construction of a warehouse and plumbing shop located North of the old D.T.I. property along the East std~of North Rouse Avenue. The Zoning Commission unanimously recommended approval of the Conditional Use Permit with the seven additions as recommended by the Planning Staff and recommended approval of an addit- ional condition. The Commission concurred in the City Manager recommendation, and it was moved by Commis- sioner Vollmer, seconded by Commissioner Swanson that the Commission approve the Michael McMullen request for a conditional use permit with the following eight conditions. I 1. That a twenty foot front yard be established for the frontage along Bond Street. 2. That the building be sited five feet tothe North to accommodate utility easements. 3. That the twenty foot curb cut on Gold Avenue only serve the overhead door; this would be accomplished by preventing access around the building through extending the land- scaped area. I 4. That a building permit not be issued until City water and sewer services are install- ed and the road is built to an acceptable gravel standard and approved by the City Engineer. 5. That signing be limited to one flush mounted building sign, non-illuminated, non- flashing, non-animated, and not to exceed the height of the building, nor 50 square feet in sign area. 6. A detailed landscaping plan shall be presented and approved by the Planning Staff prior to the issuance of a building permit, showing type, size and location of planting materials to be used, of which 75% shall be live vegetative materials. Additionally 75% of the required yard areas shall be landscaped. 7. That the site improvements be constructed and/or installed within eighteen months after the issuance of a building permit. 8. All landscaped areas shall be enclosed by a permanent, protective curbing at least six inches in height to prevent traffic across the landscaped areas. 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. (c) Maurice Klabunde - allow change of one non-conforming use to another non-conforming use I Having delayed action on the request of Maurice Klabunde for a period of one week, it was again presented. The applicant seeks a conditional use permit which, if approved, would allow the change of one non-conforming use (Stan's Miniature Golf) to another non-conforming use ( a furniture and mobile home accessories store). The site is located along U.S. 191 West of the Rae Road. It is legal to change one non-conforming use to another. The business would be complimen- tary to the mobile homes sales on the adjoining property. This non-conforming use would apply to the building structure only, not to the entire 13 acres on which the structure is located. The City Manager stated that he would have preferred the Planning Staffs recommendation which would have eliminated one access onto an ever increasing traffic on 191, and reduce potential accidents. If this is not possible, then the City Manager recommended keeping both accesses open, but encouraging a driveway connection between the two properties. He felt this would minimize traffic entering or leaving either of the accesses, to "just go next door." Driving onto U.S. 191, and then leaving it at just the next property could become hazardous. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve Maurice Klabunde's request for a conditional use permit changing one non- conforming use to another non-conforming use. This conditional use permit pertains only to what was Stan's Miniature Golf Building, related parking, and maneuvering areas and the exist- ing access servicing this building. Also that the Commission encourage the applicant to es- tablish a driveway connecting Heritage Homes and the new use proposed for Stan's Miniature Golf Building, along with the following conditions: I 1. Detailed landscaping plan shall be presented and approved by the Planning Staff prior to the use of the building, showing type, size and location of planting mat- erials of which 75% shall be live vegetative materials. Additionally, 75% of the front yard shall be landscaped. All landscaped areas shall be enclosed by a perman- ent protective curbing at least six inches in height to prevent traffic across the landscaped areas. 2. That the signing be limited to flush mounted building signs, indirectly internally illuminated, non-flashing or non-animated. Said signs shall not exceed the height of the building nor lOO square feet of sign area, or two 70 square feet signs. 3. The proposed use cannot be initiated until the non-conforming mobile home is removed from the site. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, those voting No being Mayor Sedivy. ~2~; J,2B Sale of Bonds - a) SID 600, Watermains Figgins Fourth Addition - $105,000.00 The City Manager stated that according to the affidavit of publication, this was the time and place set forth for the bond sale of Special Improvement District No. 600. The Mayor and City Manager outlined the procedure for conducting this bond sale and stated that the amount of bonds to be sold for SID No. 600 would be the same as the advertised amount. The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 600 in the amount of $105,000.00. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City proceed with the bidding of SID No. 600. The motion was carried 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. The following bidders presented their good faith checks as prescribed by the Notice of the Sale. I D. A. Davidson & Company, Great Falls, Montana Grande & Company of Seattle, Washington (Sealed Bid) Oral bidding began and the final best oral bid was D.A. Davidson, & Company of Great Falls in the amount of 8.35% plus a premium of $31.00. The sealed bid of Grande & Company of Seattle, Washington was then opened and read as follows: Grande & Company, Seattle, Washington 8.30% plus $30.00 premium The Director of Finance recommended that the City of Bozeman accept the bid of Grande and Company of Seattle in the amount of 8.30% plus a $30.00 premium, it being the lowest and best bid submitted. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the sale of the bonds for Special Improvement District No. 600 in the amount of $105,000.00 be awarded to Grande & Company, Seattle in the amount of 8.30% plus a $30.00 premium. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. I (b) SID No. 601 - Sanitary Sewer - Figgins Fourth - $88,000. The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 601 in the amount of $88,000.00. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City proceed with the bidding of SID No. 60l. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter, Commissioner MacNab and Mayor Sedivy, those voting No, none. The following bidders presented their good faith check as prescribed by the notice of the sale: D.A. Davidson & Company, Great Falls, Montana Ed. Coey, Bozeman, Montana Grande & Company, Seattle, Washington Oral bidding began and the final best oral bid was D.A. Davidson and Company, of Great Falls, Montana in the amount of 8.35%. The sealed bid of Grande & Company was then opened and read as follows: Grande & Company, Seattle - 8.30% plus $26.00 premium The Director of Finance recommended that the City of Bozeman accept the Bid of Grande and Company, Seattle in the amount of 8.30% plus a $26.00 premium, it being the lowest and best bid submitted. I It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the sale of the bonds for Special Improvement District No. 601 in the amount of $88,000.00 be awarded to Grande & Company, Seattle in the amount of 8.30% plus a premium of $26.00. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner MacNab and Mayor Sedivy, those voting No, none. " .1.::. (c) SID No. 602 - Storm Drain - Figgins Fourth - $50,000 I The Mayor announced that the City was now ready to conduct bidding for the purchase of the bonds of SID No. 602 in the amount of $50,000. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the City proceed with the bidding of SID No. 602. The motion was carried 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. The following bidders presented their good faith check as prescribed by the notice of the sale; D.A. Davidson & Company, Great Falls, Montana Ed. Coey, Bozeman, Montana First Security Bank of Bozeman Grande & Company, Seattle, Washington Oral bidding began and the final best oral bid was First Security Bank of Bozeman in the amount of 8.29%. The sealed bid of Grande and Company of Seattle was then opened and read as follows: Grande & Company, Seattle - 8.35% plus a premium of $10.00 The Director of Finance recommended that the City of Bozeman accept the bid of First Security Bank of Bozeman in the amount of 8.29%, it being the lowest and best bid submitted. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the sale of the bonds for Special Improvement District No. 602 in the amount of $50,OOObeawarded to First Security Bank of Bozeman in the amount of 8.29%. 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. Award bid for construction of Special Improvement District No's. 600, 60l, 602 I A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc., the City's engineering consultants, was presented recommending that the award be made to Tom Roe Construct- ion of Big Timber, based on their low bid of $174,249.53, it being the lowest bid submitted and equaling or exceeding the specifications in the "Call for Bids". The City Manager concurred in the above recommendation, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the award be made to Tom Roe Construction based on their low bid, and the bid security of the unsuccessful bidders be returned. 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. Public Hearlng - Zone Code Amendment (a) Conditional Use Section - Chapter 18 This was the time and place set for a public hearing to consider the request of the Plan- ning Staff or a Zone Code Amendment (Chapter 18.72 - Conditional Uses). The City Manager explained that if an application for a conditional use permit is submitted which is non-controversial, has no objections from either the staff or the general public, and if the petition consents to all stated requirements, that it can be approved by the Zoning Com- mission and the petitioner excused. This would minimize the long waiting period the petition- ers presently have at Zoning Commission meetings. The Planning Director explained some of the minor changes as follows: I 1. Application filed with the Planning Department in place of the Building Officials Department. 2. More flexible amendments and modifications proposed for conditional uses. 3. Revoking of conditional use permits if not used within 18 months or for violations of conditions. 4. Substantial increases in the fees for conditional uses. 5. New submittal requirements for public hearings. Following an extensive discussion, the request of the Planning Staff for a Zone Code Amendment was continued for a period of one week. 128 (b) Off-Street Parking and Loading - Chapter 18 This was the time and place set for a public hearing to consider the request of the Plan- ning Staff for a Zone Code Amendment for Off-street Parking and Loading (Chapter l8.8l - Off- Street Parking and Loading). The Zone Code Amendment sought is for off-street parking and loading. This covers such things as exterior and interior landscaping, reduction of the size of each parking space, more specifically defines the requrements for off-street parking for various businesses, and again specifies the criteria and standards required for review. The Planning Director gave a status follows: report and explained a number of the changes as I 1. Parking in the intersection. Realized needs for landscaping in parking lots. 2. Utilizing 85% gross floor area factor for determining parking spaces. 3. Exempting B-3 zones from the provisions of the new parking ordinance, suggestions to Parking Commission requirements. 4. Requiring new landscaping provisions for parking areas. 5. New requirements for parking plans to be submitted. 6. Require professional landscaping for larger parking lots. 7. Require performance bonds for parking lot improvements. 8. Detailing specific parking requirements for land uses. The Assistant City Manager also registered his protests to the hedge. The City Engineer commented as to the concern of the police patrol and enforcing landscaping requirements. He expressed his objections to use of hedges as parking lot screening methods due to snow removal and maintanance problems. Attorney Mile Salvagni was present on behalf of Mr. Vicain who has property located on North Grand Avenue. Mr. Salvagni stated that there was some discussion in regard to cash pay- ments in lieu of parking spaces. He stated that if this is adopted it should apply to every- thing in the future and not in the past. The Police Chief agreed that hedges would make it more difficult for his patrols to view lots and buildings. If hedges are required, he would like breaks in them every eight to ten feet. I Following considerable discussion, the request of the Planning Staff for a zone code amend- ment for off-street parking and loading will be continued for a period of one week. Request - Parking Commission re-special provisions for B-3 District Members of the Parking Commission were present to ask the Commission to begin considera- tion of a plan to take cash payments in lieu of required parking in the central business dis- trict. This provides for cash in lieu of additional parking spaces required,which are not physically available on the business site itself. The City Attorney advised the Commission that he would need at least a week to consider the legal aspects of the request. Commission Resolution No. 2042 - Intent to Create Special Improvement District No. 609 - Lang- ohr Park Improvements - Public Hearing February 7, 1979 Commission Resolution No. 2042 declaring the intention to create a Special Improvement District No. 609 for the purpose of developing Langohr Park on portions of the park north of Mason Street and pathways and shrubbery on the portion of the park south of Mason Street as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2042 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 609 FOR THE PURPOSE OF DEVELOPING LANGOHR PARK, SAID PROPOSED DEVELOPMENT TO PROVIDE POND EXCAVATION, CHANNEL SHAPING, LANDSCAPING, MULTI-PURPOSE PLAY AREA, CHILDREN'S PLAY AREA, PICNIC AREA, SHADE AND DECORATIVE TREES AND SHRUBBERY, SHELTER BUILDING, SANITARY FACILITIES, PATHWAYS, PARKING LOTS, AND TENNIS COURTS ON THE PORTION OF THE PARK NORTH OF MASON STREET, AND PATHWAYS AND SHRUBBERY ON THE PORTION OF THE PARK SOUTH OF MASON STREET. ',' ;-" ,,';, I ,-\ -"--\.:, I The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 2042 be passed and adopted and Wednesday, February 7, 1979, be the date set for public hearing. 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. Tom Burnett - Sign Code Variance - wood sign on masonry building at corner of Main Street and Church Avenue A letter received from Tom Burnett requesting a zone code variance to place a wooden sign on a masonry building located at the corner of East Main Street and South Church was presented. The Building Official found no major objections to the sign variance and recommended ap- proval thereof. The City Manager concurred with the recommendation of the Building Official and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the sign code vari- ance be approved, and Mr. Burnett be given permission to place a wooden sign on a masonry building located at the corner of East Main Street and South Church Avenue. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Application for renewal of kennel license - Louis W. Burton, 1803 North Rouse I An application received from Louis W. Burton, 1803 North Rouse Avenue, requesting a kennel license in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. The City Manager stated the license is a renewal and he was not aware of any reason to deny the kennel license. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the appli- cation be approved and the Director of Finance be instructed to issue a_~ennel license in accordance therewith. The motion was carried by the following Aye and ~p vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner SwansQD, Commissioner Van- deventer and Mayor Sedivy, those voting No, none. Application for beer license - David S. & Janette G. Rutledge, 919 West College - "Me & Jans" Mini Mart The City Manager presented an application from David S. Rutledge of "Me & Jans", 919 West College, along with the required fee, for an off-th~remisesbeer license for the year 1979. Upon recommendation of the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the above application as presented. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Police Court for December Police Court for Year 1978 I The City Manager commented on the above reports and recommended they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the reports be accepted and ordered filed. 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. 130 Claims for December 1978 The general claims for the month of December were presented. The City Manager had checked the claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the claims be approved. The motion was carried 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. I Adjournment There being no further business, it was moved by Commissioner MacNab, seconded by Commis- sioner 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. ATTEST: I I CITY COMMISSION I