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HomeMy WebLinkAbout1979-04-11 ,.' _ {-' J. u (" April 11, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission room, Mun- icipal Building, April ll, 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 MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, April 4, 1979, were approved as submitted. Consideration of Bids - 10,000 lb. GVW Cab/Chassis - Water Department The Commission was referred to the opening of bids for the purchase of one 1979 Model, 10,000 lb GVW truck cab and chassis for the Water Department. The Water Superintendent having evaluated the bids, recommended the purchase be awarded to M & W GMC, P.O. Box 964, in the amount of $5,898.75, it being the lowest bid and equaling or exceeding the specifications as contained in the "Call for Bids". The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the purchase of the 1979 10,000 lb. GVW cab/Chassis be awarded to M & W GMC, Bozeman. 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. Proclamation - Board of Realtors - Private Property Week, April 15-21 I Mayor Sedivy proclaimed the Week of April l5-2l as "Private Property Week in Bozeman", and urged all citizens to join with the Bozeman Board of Realtors, ffid the more than 600,000 Realtors and Realtors Associates throughout the nation in this observance by taking an active part in appropriate and significant programs sponsored by the local Realtors and Realtor- Associates who, this week and throughout the year take an active role in helping make Bozeman a better place in which to live. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion endorse the Mayor's proclamation. 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. Proclamation - International Year of the Child - Twentieth Anniversary of the United Nation's declaration of the rights of Children Mayor Sedivy declared the year 1979 as "International Year of the Child" and called upon the citizens of this community to focus upon the special needs of children in a world that is troubled everywhere. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission endorse the Mayor's proclamation. The motion was carried by the following Aye and No voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permits (a) Crescent Electric Supply Company - Modify previous sign dimensions I The decision on the request of Crescent Electric Supply for a modification of the Condit- ional Use Permit which was granted by the Zoning Commission on June 22, 1976, having been de- layed for a period of one week was brought before the Commission for a decision. The change would allow a three foot by ten foot flush-mounted wall sign on the front of the building and an angle sign at the corner of the building. Said front wall sign consists of 30 square feet per side and said angle sign contains approximately 32 square feet per side or a total of 64 square feet, making a grand total of 94 square feet of sign area. Both signs are non-electrical. The City Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the request for a Conditional Use Permit with the following conditions: 1. That any uses in the building be strictly limited to permitted M-l uses. 2. That signing be limited to one flush building-mounted non-illuminated sign, less than 100 square feet in area. 3. That approval of the proposed septic disposal system by the County Board of Health 18J1- be secured before a building permit is issued. 4. That the proposed building site be moved westward twenty (20) feet as per Staff workup to allow for a wider driveway for future development. 5. That all landscaping and paving be completed within nine months of the building occupancy. 6. That the present open storage area which is to serve as parking, be cleaned up and all salvage material be removed from the site or be effectively screened with a minimum six (6) foot high solid wood fence. I Conditions #1, 3, and 4 have been met. The applicant took occupancy of the build- ing January 15, 1979; therefore, nine months from this date the landscaping and paving must be completed. The salvage material has been removed thereby complying with Condition #6. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. L & L Partnership - Construct warehouse building - 1715 North Rouse Action was delayed on the request of L & L Partnership for a Conditional Use Permit for a period of one week. The applicant seeks a conditional use permit to construct a 21,000 square-foot warehouse building (Phase I), and a 14,000 square-foot building (Phase II). The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for the conditional use permit to allow the construction of the 2l,OOO and the 14,000 square foot buildings with the following conditions: (1) The development of the site be dictated by the site plan submitted with modi- fications as indicated. (2) Signing be limited to a maximum of 140 square feet flush-mounted wall signs. Such signs shall be indirectly illuminated and non-flashing and non-animated signs. (3) A drainage plan be submitted for review and approval by the City Engineer, a copy of which shall be fur- nished to the Planning Office for file purposes. (4) All required site improvements (i.e. landscaping, paving, and site drainage) shall be com- pleted within one year of the date of occupancy of the building. (5) All landscaped areas shall be enclosed by a permanent protective curbing being a minimum of five inches in height to prevent vehicular traffic across the landscaped area. (6) No buildings shall be located within any easement area. (7) The parking layout be developed per the staff drawing. I 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. Decision - Zone Map Change (a) Virgil E. Jahnke - reclassify zoning on 20.54 acres from AS to R-O Durston Road Approx. 678' west of intersection Durston to Ferguson Action was delayed on the request of Virgil E. Jahnke for a Zone Map Change for a period of one week. The applicant seeks a change to the City's official Zoning Map which would reclassify the zoning on approximately 20.54 acres from A-S to R-O. The property is located in the NE\, NW~ of Section 10, T2S, R5E, Gallatin County, Montana. The Zoning Commission recommended denial as they felt a more appropriate remedy would be to apply for a conditional use permit. The conditional use process would apply only to the building being utilized and planned for utilization, rather than the entire 20 acres on which the building is presently located. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission deny the re- quest for a Zone Map Change. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, and Mayor Sedivy, those voting No, none. I (b) David Osterman - Zone Map Change R-3 to B-2, 1 1/16 acres located in northwest corner of Intersection of South 19th & Olive Action was delayed on the request of David Osterman for a Zone Map Change from R-3 to to B-2 for a period of one week. The applicant seeks a zone map change for a 1 1/16 acre parcel of land located in the "I ", r..\ -.. u ",,-..' northeast corner of the intersection of South Nineteenth and Olive. I The City Manager stated that if the City granted the request there would be no basis for denying any future similar requests. He further stated the City would be off and running on a strip commercial development along the east side of South Nineteenth, and therefore recommended against granting the above rezoning. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission concur in the Zoning Commission's recommendation, also concurred in by the City Manager, and deny the request for a zone map change from R-3 to B-2. The motion was carried by the folowing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson and Mayor Sedivy, those voting No being Commissioner Vollmer. Greg Morgan, Attorney representing the applicant requested that the Commissioners voting to deny the request give the findings of fact and conclusion of law and rationel for their decision. Mayor Sedivy questioned the City Attorney regarding the matter. The City Attorney advised the Commission that under existing laws the Commission does not have to give written findings of fact. However, if they so desire they can. Commissioner Vandeventer indicated that he will present his findings of fact at the following meeting. Attorney Morgan further requested that Commissioner Swanson withdraw his vote on the grounds that he has a conflict of interest. City Attorney Planalp advised the Commission that he was not aware of any legal requirement that would require Commissioner Swanson to withdraw his vote. (c) City/County Planning Staff - Zone Code Amendment (Chapter 18.84) - Ordinance No. 1026 - Provision for small-car parking spaces within all parking lots Ordinance No. 1026 providing for small car parking spaces as prepared by the City Attorney, was presented, entitled: I ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY OF BOZEMAN PROVIDING FOR SMALL CAR PARKING SPACES. The City Manager advised the Commission that provisions for small car parking spaces has been discussed recently and he recommended approval of the ordinance as presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Ordinance No. 1026 providing for small car parking spaces be passed and adopted as presented. 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. Ordinance No. 1027 - Alternate method for satisfying off-street parking requirements Ordinance No. 1027 providing for an alternate method for satisfying off-street parking requirements in the B-3 District, as prepared by the City Attorney, was presented, entitled: ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY OF BOZEMAN PROVIDING FOR AN ALTERNATE METHOD FOR SATISFYING OFF-STREET PARKING REQUIREMENTS IN THE B-3 (CENTRAL BUSINESS) DISTRICT BY ALLOWING FOR CASH-IN-LIEU PAYMENTS. I All uses within an adopted B-3 district shall comply with the provisions of Section 18.84.010 to 18.84.050 providing for certain requirements for parking spaces. Section 18.93.010 creates the Board of Adjustments to act on request of variances to parking space requirements. Section l8.84.020 provides for Exceptions, modifications - B-2 District, Cash-in-Lieu Payments, Cash- in -Lieu Fee, and Existing Special Improvement Districts. The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Ordinance No. 1027 be passed and adopted. The motion was carried by the following Aye and No Vote, those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissoner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. 180 _,_ 0 Public Hearing - Gary Schaefer - Zone Code Amendment - permit upholstery shops in B-3 District as described in Section l8.48.020 This was the time and place set for a public hearing to consider the request of Gary Schaefer for a Zone Code Amendment to permit upholstery shops as a permitted use in the B-3 district as described in Section 18.48.020 of the Bozeman Zoning Ordinance. The applicant seeks a code amendment to permit upholstery shops as a permitted use in the B-3 district. The Planning Director presented the Staff report and recommended approval of :the Zone Code Amendment. I Paul Smith appeared before the Commission to answer any questions that might arise. There being no further expressions, the public hearing was closed and a decision will be made on Wednesday, April 18, 1979. Continued hearing - Story Hills - Zone map change from PLI to RS-5 The public hearing on the request of Story Hill East, having been continued from Jan- uary 31, 1979, to allow the Planning Staff to rewrite the staff report after reviewing the applicant's additional information, was presented for continued hearing. The Planning Director presented the staff report which recommended granting the requested zone map change to portions of Tracts 64 and 65 only. Gary France was present and explained that the park land was put in completely backwards to their intent. He further emphasized that anyone buying sixteen to thirty six acres would not wish to cut the property in half as they would not want nor need a park area. The staff will be meeting with applicants, as well as other owners in regard to desig- nating park areas and the City Manager recommended that the hearing be continued for at least one week and maybe two. Revise date for public hearing - Commission Resolution No. 2054 - Langohr Park Improvements It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the public hearing on Commission Resolution No. 2054, SID No. 609 for the development of Langohr Park be delayed until May 30, 1979. 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 Dave Penwell - re petition for Kountz - Independent garbage pickup Attorney David Penwell appeared before the commission on behalf of Dick Kountz in re- gard to a proposal for independent garbage pickup. The City Manager stated that a suit was filed against Dick Kountz, who operates a garbage pickup service on West 191 nearly a year ago. Mr. Kountz applied for a permit to construct a building to house farm machinery, and he subsequently served notice to all his customers that his business would be conducted from that address from then on. The type of business was con- trary to what the building permit was secured for, and therefore, the City brought suit for the violation. Mr. Kountz was in to see the City Manager recently, and suggested he be allowed to submit a proposal for garbage collection services to the City of Bozeman. The City Manager informed Mr. Kountz that he did not think it advisable to entertain a single proposal, since the money involved would require specs to be written, and bids to be invited. Secondly, the City Manager did not think the City should accept proposals from persons with whom the City is involved in litigation. The City Manager stated that the City should be concerned with any savings for services which can be passed on to the residents. But felt the City should not entertain a proposal from someone with whom the City is in litigation. The Mayor thanked Mr. Penwell for his presentation and advised him that the factors in- volved would be researched and a legal opinion will be given by the City Attorney on June I 6, 1979. ..tu Request - Chester & Evalene Jensen - Permission to place mobile home on property Southeast of Bozeman I A letter received from Chester & Evalene Jensen requesting that a mobile home be placed on his property southeast of the City was presented. Mr. Jensen has had open heart surgery twice, most recently just about a month ago. He is totally and completely unable to work his ranch any longer. He has a married son who wishes to place a mobile home on the property, and who will then run the ranch. This is in violation of the Zoning Code. Mr. Jensen is requesting a medical hardship to allow placing the mobile home on the property. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission postpone the decision on the request until further information has been received. 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. Acknowledge and file reports - Police Department for March Police Department Annual It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the report of the Police Department for the month of March and the annual report for the Police Department 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. Reports - Library Building Inspector Fire Department - quarterly The following reports were presented: I Library Building Inspector Fire Department - quarterly The reports will be listed on the agenda next week for acknowledgement and filing. Claims The claims are to be deferred for a period of one week. Discussion - Library site Several members of Friends of the Gallatin Library were present to discuss using library bond money to buy city property. Mary Van't Hul opposed using the library bond money to pay the City for property they already own. The City Attorney advised the Commission that he would look into the legality of using the bond issue for this purpose. Adjournment There being no further business at this time, it was moved by Commissioner Vollmer, 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 Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. I , .' ; ~ ' ~....' /;/ ~L' "_ - , ~~ V ~ ",/,,"," ' ,~~/' ' -:k-J~ C;;'~~Y' MUND P. SEDIVY, ~ L / .J ~ ATTEST: o /~ /. & ~--C?Zcr!"; /- <-:2: -t.~ ~ ERNA V. HARD NG, C~K OF COMMISSION