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HomeMy WebLinkAbout1979-09-26 September 26, 1979 Bozeman, Montana 59715 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 26, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't City Manager Smith, City Attorney Planalp and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, September 19, 1979 were approved as submitted. I Absence of Commissioner MacNab - September 26, 1979 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the absence of Commissioner MacNab, from this meeting, be authorized in compliance with Section 2.08.060 Bozeman Municipal Code. 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. Decision - Zone Code Amendment - Greyhound Bus Lines - Relocate present Greyhound Bus Lines operation from the B-3 District to site within B-2 zone The hearing on the request of the Greyhound Bus Lines to allow transportation stations as a permitted use in a B-2 Zone was presented for continued discussion. The proprieter of the Greyhound Bus Depot intends to lease the facility on North Seventh Avenue. The City Manager advised the Commission that he has not seen a draft of the lease but hopes to. Commissioner Swanson felt they should not change the Zoning Ordinance, but that they instruct the staff to proceed with the application for a Conditional Use Permit. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City staff be directed to proceed with the Conditional Use Permit procedure to include bus depots in a B-2 District. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, none. - Decision - Proposed subdivision amendments - 10.4-1 Streets 10.4-2 Sanitary Facilities Having delayed action on the request of the Planning Department to amend Section 10.4-1 Streets, and Section 10.4-2 Sanitary Facilities, for a period of one week, it was brought before the Commission for a decision. Amending Section 10.4-1 would ensure that any future paved street systems constructed within the City's three mile zoning area will be developed according to City street section design standards. Amending Section lO.4-2 would require compliance with a single set of construction design standards/criteria for any central public or private sanitary sewer and/or water systems proposed for use within the City's three mile zoning area. The Planning Director advised the Commission that the City-County Planning Board recommended approval of the proposed staff amendment to the Bozeman City-County Planning Area Subdivision Regulations - Section 10.4-1 Streets - to include a clarification that this requirement applies only when proposed lots will be less than one acre in size. The Planning Director further stated that if 10.4-2 Sanitary facilities were amended the adoption of the City's standards would require compliance with slightly higher construction criteria than those now enforced by the State Department of Health for unincorporated areas. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission approve the subdivision amendments as set forth: I 10.4-1- Establish a single, unified set of construction design standards for paved streets in the City and its three mile zoning area. The proposed City street paving standards would apply only in the three mile zoning area and only if central public or private sewer and/or water systems were to be used. Where neither central sewer and/or water systems will not be used, no street paving would be required. The amendment would include a clarification that this requirement applies only when pro- posed lots will be less than one acre in size. 10.4-2 - Whenever central/community public or private water distribution and/or sanitary sewer collection systems will be utilized in proposed subdivisions within the City of Bozeman's three mile extraterritorial zoning jurisdiction, such improve- ment shall be constructed and installed in compliance with the City of Bozeman design 0.::.. 328 standards and criteria for these items. Prior to the approval of any final subdivision plat, all proposed sewer and/or water facility/utility construction plans shall be reviewed and approved by both the City of Bozeman's Engineer and the Water Superintendent. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner Vollmer. Commissioner Swanson and Mayor Sedivy, those voting No, none. Public Hearing - Conditional Use Permit - Thomas Burgener - construct auto repair building North of Griffin Drive - Jursnick property This was the time and place set for the public hearing to consider the request of Thomas Burgener. The applicant seeks a conditional use permit, which if granted would allow the construct- ion of a building to be used as an auto repair shop. The applicant also proposes the use of a mobile home on a temporary basis as a caretaker residence. The site is located on Lot 22A of the Amended Subdivision of the Gordon Mandeville State School Section in the City of Bozeman, The site is just north of Griffin Drive with the Whalen Tire Shop located several hundred feet to the southeast. The Planning Director presented the staff report which recommended approval subject to a number of conditions contained in the staff report. The public hearing was closed and a decision will be made on Wednesday, October 3, 1979. Public Hearing -Conditional Use Permit - Montana Industrial Development Corporation - construct grocery store & gas Station - Bridger Center Subdivision This was the time and place set for the public hearing to consider the request of Montana Industrial Development. The applicant seeks a permit to construct a quick service grocery store and gas station on Lot 5, Block 3, Bridger Center Subdivision. The existing building , used now as a small gas station, will be removed. The Planning Director presented the staff report which recommended approval subject to conditions. The City Manager recommended that the Commission suspend the normal procedure of waiting one week since this is not a controversial subject. It was moved by Commissioner Vollmer. seconded by Commissioner Swanson, that the Commission suspend the one week waiting period on this item. 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. It was then moved by Commissioner Swanson, seconded by Commissioner Vandventer, that the Commission approve the request for a Conditional Use Permit with the following conditions as set forth by the Zoning Commission. 1. Signing shall be limited to one flush-mounted wall sign not to exceed the height of the building. Said sign shall not be externally illuminated, nor blink- ing, flashing, or animated. Said sign shall be limited in size to a maximum of fifty feet of sign area. In Addition, the applicant may use the one existing free-standing sign. Said sign shall be limited in size to maximum of fifteen square feet of sign area. No external lighting apparatus shall be attached to the free-standing sign. Two gas price merchandise signs located on the gas pump island shall be permitted. Each sign shall be limited to a maximum of 3' x 4' in size and shall be located as depicted in the staff example presented at the City Commission meeting. 2. A final site plan containing all conditions, corrections, and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Staff prior to the issuance of a building permit for this project. The final site plan shall show the following: (a) A curb opening limited to not more than twen- ty-five feet in width for the access from Bridger Center Drive. (b) The total twenty- five foot setback on Bridger Drive. (c) Dimensions, materials, description, and location of the permanent enclosure for trash storage in the 15' setback on Bridger Center Drive. (d) A total of three trees for the front yard setback from Bridger Drive. (e) A landscaped area for the fifteen foot setback area to the east of the proposed building and shall contain two trees of a size and type to be approved by the Planning Office. (f) All landscaped areas shall be enclosed by permanent con- crete or asphaltic curbing at least six inches in height to prevent vehicular traffic across landscaped areas. (g) All parking spaces and ingress/egress areas thereto shall be paved. 3. All outside storage of dismantled vehicles, equipment, salvage materials, etc., shall be removed from the site before the proposed use is initiated or a building permit issued. I I I 4. All on-site improvements (i.e., paving, landscaping, etc.), shall be completed within twelve months of issuance of a building permit. 5. The conditional use permit shall be valid for one year only following institution of the use and shall be submitted to the City Commission for renewal at that time. This renewal is automatic if all conditions are satisfied within twelve months. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the conditional use permit. I The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson,Commissioner Vandeventer, Commissioner Vollmer and Mayor Sedivy. those voting No, none. Public Hearing - Mt. Sanitation (James Barnett) Conditional Use Permit construct 2,800 sq. ft. building for vehicle storage in conjunction with refuse/garbage hauling This was the time and place set for the public hearing to consider the request of Mountain Sanitation. The applicant seeks a conditional use permit which, if granted, would allow the construction of a 2,800 square foot addition to an existing building to be used for the storage of vehicles and equipment used in conjunction with a sanitation/garbage hauling business. The site is located west of and adjacent to Story Mill Road and approximately 900 feet north of the intersection of Story Mill Road and Bridger Drive. The Planning Director presented the staff report which recommended approval subject to conditions. The public hearing was closed and a decision will be forthcoming on Wednesday, October 3. Ordinance No. 1034 - Amending Chapter 18.69 of Bozeman Code to require central services. I Ordinance No. 1034 amending the Bozeman Municipal Code to include an addition to Chapter 18.69 to be known as l8.69 relating to required central public and/or private water distribution and sanitary sewer collection systems, as prepared by the City Attorney was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Com- mission pass and adopt Ordinance No. 1034. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Discussion - Proposed Dog Ordinance A short discussion was held in regard to the dog problem and the proposed ordinance drafted by the City Attorney. The ordinance is to be brought back on Wednesday October 3,in final form for discussion and adoption. Commission Resolution No. 2100 - Fix date, maturity date and principal amount - SID 608 Commission Resolution No. 2100, fixing the date, maturity date and principal amount of the bonds for SID No. 608, paving and storm drain construction in Figgins 4th Addition was presented, entitled: COMMISSION RESOLUTION NO. 2100 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IM- PROVEMENT DISTRICT NO. 608 I It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission pass and adopt Commission Resolution No. 2100. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vande- venter and Mayor Sedivy, those voting No, none. Commission Resolution No. 2101 - Fix date, maturity date and principal amount - SID 614 Commission Resolution No. 2101, fixing the date, maturity date and principal amount of the bonds for SID No. 614, paving and storm drain construction on Garfield Street between Tracy Avenue and the Chicago, Milwaukee Railway was presented, entitled: COMMISSION RESOLUTION NO. 2101 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRINCIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IM- PROVEMENT DISTRICT NO. 614 It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Com- ~lO ~.,J v " mission Resolution No. 2101 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner Vollmer and Mayor Sedivy, those voting No, none. Set date for public hearing proposed 1979-1980 budget It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the public hearing on the proposed 1979-1980 budget be scheduled for Wednesday, October 3, 1979. The motion was carried by the following Aye and No vote those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Discussion - re proposed Library Budget & Headquarters Library for Broad Valley Federation The City Manager advised the Commission, that along with all other City Departments, the Library budget was also reduced during the fiscal year. This fiscal year, it is at a level below what was appropriated for last year. By virtue of this reduction, or a reduction in the local effort, we jeopardize the receipt of Federal funds and also the designation of Headquarters Library for the Broad Valleys Federation. The City Manager further stated the staff is researching the regulation governing libraries and federations, and their relationship to each other, and whether or not funds utilized for construction or remodeling are allocable to fue annual budget total. The lang- uage in the regulations seems rather clear-cut that such funds are not allocable. If this is the case, we are some $11,000 short of last year's reduced budget, and this is the amount that perhaps places the City in jeopardy. Dr. John Parker was present to discuss and answer any questions in regard to the problem. KBOZ - request permission to drop 1000 balloons over Bozeman - in connection with Sunkist Beverage Advertising Campaign A letter received from KBOZ in conjunction with Lehrkinds Distributing and Sunkist Beverage Company requesting permission to drop 1000 balloons over the Bozeman Area on Sat- urday, October 6, 1979 was presented. A number of the balloons will contain coupons redeemable for merchandise at various local merchants. This will be held in conjunction with MSU's Homecoming festivities. /.^ KBOZ has received F.A.A. approval. Following a discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request to drop balloons over the Bozeman area on Saturday, October 6,1979 be approved. Those voting Aye were Commissioner Vollmer and Mayor Sedivy; those voting No being Commissioner Swanson and Commissioner Vandeventer. The motion was defeated. Vandalism at Lindley Park The City Manager advised the Commission that vandalism has wrecked virtually every street and park light at Lindley Park. He stated the lights had just recently been installed in that area. The City has an ordinance which makes trespassing in the Cemetery between dusk and dawn a misdeameanor violation. The City Manager and Park Superintendent feel that an ordinance invoking the same re- striction on Lindley Park should be passed. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City Attorney be instructed and directed to draw up an ordinance restricting trespassing on Lindley Park during the hours between dusk and dawn. The motion was carried by the following aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No none. Proclamation - Fire Prevention Week - October 7-13 Mayor Sedivy proclaimed the week of October 7-13, 1979, as Fire Prevention Week, and called upon all departments and agencies of the City Government to participate actively in a campaign for improved fire safety. He also requested every citizen of the community to take part in relieving hazardous conditions and making our city a safer community in which to live and work. I I I It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the Commission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. I Three petitions - Burrup (Shawnee Industrial Park) - Intent to create Sanitary Sewer, Water and Paving Special Improvement Districts A letter received from Dean Burrup, 7424 Bridger Canyon Road, petitioning the City of Bozeman to create Special Improvement Districts to install sanitary sewer lateral lines, a culinary water system with lines, hydrant, pump and well, and paving to serve a parcel of land known as Shawnee Industrial Park, was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the petition be acknowledged and referred to the staff for research. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Application for Raffle License - Gallatin Empire Lions Club - November 20 The City Manager presented and application for a raffle license, along with the required fee, from Gallatin Empire Lions Club. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion approve the application for the raffle license. The motion was carried by the following Aye and No vo~e, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Parking Commission - Proposed off-street parking lot grand fathered or not with regard to landscaping requirements I One item involving the Parking Commission remained to be resolved, whether or not, lots presently to be developed by the Parking Commission were or were not "grandfathered" with regard to requirements of the new off-street parking ordinance. The City Attorney had been consulted and had suggested that the portions of existing space which had been utilized for parking prior to the present ordinance, would not be subject to provisions of the new ordinance. Those portions of existing parking on which structures had been located (subsequently demolished) would be subject to the new ordinance. Upon inspection of the site plans for the lots to be involved, as drawn by consulting engineers, it was noted that it was very near the requirements utilized to specify the number of parking spaces. Actually, some landscaping was provided even for those portions of existing lots which need not have provided any landscaping at all. It was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that the site plans submitted by the consulting engineers be approved subject to the following additions: At least two handicapped persons parking spaces be provided on each lot; and that a land- scaping schedule be submitted to the City Planning Department to be reviewed for compliance with the ordinance prior to being implemented. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Discussion - Complaints from residents around Little John's I A group of citizens appeared before the Commission to complain of the "gross misconduct" of patrons of Little John's. The Police Chief stated the Fire Department could check as to whether the establishment was overcrowded. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Vollmer, that a letter be addressed to bar owners advising them that their licenses would not be renewed if the proper security were not provided. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner Vollmer, Com- missioner Swanson and Mayor Sedivy, those voting No, none. The Commission will also create a provision in the ordinance prohibiting persons leaving bars with an open container, thereby putting the burden on bar owners. . '"'. 'JvJ COMMISSION I 332 Adjournment There being no further business to come before the City Commission, 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 and Mayor Sedivy, those voting No, none. I ATTEST: I