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HomeMy WebLinkAbout1979-10-03 ""', I .J v (' October 3, 1979 Bozeman, Mt. 59715 I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 3, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commissioner Vollmer, 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 regular meeting held on Wednesday, September 26, 1979 were approved as submitted. Absence of Commissioner Swanson - October 3, 1979 A. A twenty-foot front yard setback area for the Lea Avenue frontage; curb openings or ingress/egress points to the site from Lea Avenue shall be limited to one not to exceed thirty feet in width. This front yard area shall be shown on the final site plan as being landscaped with a low- profile vegetative ground cover not to exceed two feet in height at ma- turity and/or an earthen berm. This required screening shall be at least two feet but not more than three feet in height. The screening design shall include at least one tree per fifteen lineal feet of public or private street frontage, planted on fifteen-foot centers. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the absence of Commissioner Swanson, from this meeting, be authorized in compliance with Section 2.08.060 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 Vandeventer and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit Thomas Burgener - construct auto repair building - located on Lot 22A amended subdivision - Gordon Mandeville State School - just north of Griffin Drive I The decision on the request of Thomas Burgener was brought back to the Commission follow- ing the delay of one week. The City Manager stated that if Mr. Burgener's request were granted, it would allow the construction of an auto repair building on the cul-de-sac developed by Ray Jursnick, running north from Griffin Drive. It would also allow locating a mobile home for a period of two years on this site as well. The City Manager recommended that the request for a conditional use permit be granted and that Condition No. 5 be expanded to include - failure to remove the mobile home within the stipulated period wiil place the applicant's business license in jeopardy. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission approve Mr. Burgener's request for a conditional use permit with the following conditions: 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 blinking, flashing, or animated. Said sign shall not exceed a sign area of fifty square feet. The applicant is proposing a sign of seventy five square feet and the final site plan shall reflect the fifty foot maximum sign area. No mobile, pQPtable, or temporary signs shall be used on the site. No external lighting apparatus shall be attached to signs used in conjunction with the proposed use. All signs to be used in conjunction with the proposed use shall be clearly dimensioned on the final site plan. 2. A final site plan containing all conditions, corrections, and modifications recommended and approved by the City Commission shall be reviewed arid approved by the Planning Staff prior to the issuance of a building permit for this project. The final site plan shall show the following: I So as to minimize potential vandalism, the required view-obscuring screen shall not have a continuous frontage, but shall contain intermittent breaks of at least six feet, but not more than ten feet in length. The individual segments of the screening shall not be less than fifty feet nor more than eighty feet in length. However, where a specific lot frontage does not permit full compliance with this requirement, these dimensions may be re- duced or modified so that the intent of this requirement can be satisfied. B. All landscaped areas enclosed by permanent concrete or asphaltic curbing at least six inches in height to prevent vehicular traffic across land- scaped areas. C. The parking plan shall show a distance of twenty-six feet from the rear of the proposed parking spaces to the rear of the front yard setback area if ninety degree angled parking is to be used. B. All landscaped areas shall be enclosed by permanent concrete or asphaltic curbing at least six inches in height to prevent vehicular traffic across land- scaped areas. I ~14 ~Vj All parking spaces and ingress/egress areas thereto shall be paved. 3. All on-site improvements (i.e., paving, landscaping, etc.), shall be completed within twelve months of issuance of a building permit. 4. All outside storage of dismantled vehicles, equipment, salvage materials, or vehicles or equipment not maintained for normal operation shall be enclosed within a semi-solid fence, at least six feet in height. The final site plan shall show dimen- sions, locations, and materials to be used for such screened enclosures. 5. The mobile home shall be used only as a temporary residence by the applicant and his immediate family and shall be removed within two years. Failure to remove the mobile home within the stipulated period will place the applicant's business license in jeopardy. Two parking spaces shall be provided for the mobile home. The mobile home shall not be located within the required front yard setback from Lea Avenue and shall have front and side yard vegetative landscaped setbacks of at least twenty feet and eight feet, respectively and shall be located at least twenty feet from the building and parking area to be used for the auto repair business. I 6. The conditional use permit shall be valid for a period of only one year following institution of the use and shall be submitted to the City Commission for renewal at that time. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the conditional use permit. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - Mt. Sanitation (James Barnett) construct 2,800 sq. ft. building for vehicle storage in conjunction with refuse/garbage hauling Having delayed action on the request of Mt. Sanitation for a period of one week, it was brought before the Commission for a decision. The applicant seeks a conditional use permit which, if granted would allow the construcion 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 City Manager stated the enclosure of these vehicles in a building should minimize a complaint suggesting that an undesirable odor was emanating from the storage area for the Mountain Sanitation operation. The Commission concurred in 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: I 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 blinking, flashing, or animated. Said sign shall not exceed a sign area of fifty square feet. The applicant is proposing a small sign of thirty-two square feet and is, therefore, satisfactory. No mobile, portable, or temporary signs shall be used on the site. No external light- ing apparatus shall be attached to signs used in conjunction with the proposed use. All signs to be used in conjunction with the proposed use shall be clearly dimensioned on the final site plan. 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. The final site plan shall show a twenty-foot front yard along the Story Mill Road frontage, The applicant's plan now shows this required yard area to be used almost totally for a graveled driveway and this is not permitted. Seventy- five percent of this landscaped area shall be of a live vegetative ground cover to include the applicant's preliminary landscape materials. C. All parking spaces and ingress/egress areas thereto as 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 build- ing permit issued. 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 a period of only one year follow- ! '\ r'. 'J";; ~; ing institution of the use and shall be submitted to the City Commission for renewal that time. Failure of the applicant to satisfy all conditions within the designated period may be grounds for terminating the conditional use permit. at time I The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none Public Hearing - proposed 1979-1980 budget This was the time and place scheduled for the public hearing on the proposed 1979-1980 budge t . The Assistant City Manager explained the budget proposal in general. Very little comment was made from citizens attending the meeting. Mayor Sedivy declared the hearing closed and the ordinance adopting the budget will be forthcoming on October 17. Public Hearing - Conditional Use Permit - Everett Egbert - construct 12' X 96' sheds - each side of existing warehouse - 210 East Griffin Street This was the time and place set for the public hearing to consider the request of Everett Egbert. The applicant seeks a conditional use permit which, if granted, would allow the con- struction of two 12' X 96' sheds on each side of an existing warehouse structure located at 210 East Griffin Street. The Planning Director presented the staff report which recommended approval thereof. The Mayor declared the public hearing closed. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission waive the one week waiting period so that the applicant can begin construction. 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. I It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the request for a conditional use permit to construct two 12' X 96' sheds on each side of an existing warehouse structure. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Public Hearing - Conditional Use Permit - Michael Flanigan - construct building for health spa business - Griffin Drive This was the time and place set for the public hearing to consider the request of Michael Flanigan. The applicant seeks a conditional use permit which, if granted, would allow the con- struction of a building to permit public use of a health spa business featuring six hot tubs and two saunas. Retail sales of the hot tubs will be an associated business. The site is located on Lot 25B of the Gordon Mandeville State School Subdivision. Griffin Drive is located just south of the site and North 7th Avenue is approximately several blocks to the west. I The Planning Director presented the staff report which recommended approval thereof with conditions. Mr. Flanigan was present to answer any questions that might arise. Following discussion, the Mayor declared the hearing closed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission waive the one-week waiting period. 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. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Com- mission approve the request for a conditional use permit with the following conditions: 1. Signing shall be limited to one free-standing sign subject to the dimensions as detailed in the site plan submitted for this Zoning Commission hearing. Said sign shall not be illuminated nor blinking, flashing, or animated. No mobile, portable, or temporary signs shall be used on the site. No external lighting apparatus shall be attached to signs used in conjunction with the proposed use. All signs to be used in conjunction with the proposed use shall be clearly dimensioned on the final site plan. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission pass and adopt Ordinance No. 1035, repealing Ordinances Nos. 822, 857 and 937, to become effective in thirty days. 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. I 338 2. A final site plan shall show, in addition to all of the information contained on the site plan submitted for this Zoning Commission hearing, the following: A. All landscaped areas enclosed by permanent concrete or asphaltic curbing at least six inches in height to prevent vehicular traffic across land- scaped areas. B. All parking spaces and ingress/egress areas as paved (asphalt). I C. Thirteen full sized (9 X 18') parking spaces. The applicant's attached preliminary site plan shows two compact parking spaces. Compact spaces are only allowed where parking facilities contain at least twenty-five parking spaces. The required parking spaces for the proposed use total approximately thirteen and, therefore, compact spaces are disallowed. D. Specify type of crushed rock to be used in landscaping areas. E. Complete address of development site. 3. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed by June 30, 1980. 4. The conditional use permit shall be valid to June 30, 1980, and the applicant shall petition the City Commission for renewal at that time. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for termin- ating the conditional use permit. If all required conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Decision - possible revision - Hugh Reid Having delayed action on Hugh Reid's request to resolve certain conditions pertaining to ? the August 27, 1978 site plan for an on the site view of the area in question, it was brought back to the Commission for a decision. Mr. Reid was present and advised the Commission'that,Mr. Figgins, who is doing the work thinks the trucks can load out of the side doors of the truck and trailers. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission approve the modified Planned Unit development site plan eliminating the two landscaped areas to the north of the building in the front year area. 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. I Ordinance No. 1035 - Dog Ordinance repealing Ordinance No. 822, 857 & 937 Ordinance No. 1035 establishing a dog and animal control law by regulating the keeping of dogs and other animals and repealing Ordinance No's. 822, 857 and 937, City of Bozeman, Montana was presented, entitled: ORDINANCE NO. 1035 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING A DOG AND ANIMAL CONTROL LAW BY REGULATING THE KEEPING OF DOGS AND OTHER ANIMALS; FOR IN- SPECTION AND PREVENTION OF RABIES IN DOGS; DEFINITIONS LICENSING AND REG- ISTRATION; TAG AND COLLAR; NUMBER OF DOGS; ANIMALS AT LARGE; NUISANCE ANIMALS; IMPROUNDING OF DOGS; NOTICE AND REDEMPTION DISPOSITION OF UNREDEEMED ANIMALS; INVESTIGATION PROCEDURE; SEVERABILITY CLAUSE; AND REPEALING ORDINANCE NOS. 822, 857, AND 937, CITY OF BOZEMAN, MONTANA. Ordinance No. l036 - Closing of Lindley Park from dusk to dawn Ordinance No. 1036 of the City of Bozeman enacting Chapter 8.05 of the Bozeman Municipal Code, as prepared by the City Attorney, was presented, entitled: ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY OF BOZEMAN ENACTING CHAPTER 8.05 OF THE BOZEMAN MUNICIPAL CODE RESTRICTING THE USE OF LINDLEY PARK FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE SUNRISE. I It shall be unlawful and punishable as a mesdeameanor for any person, association, group or organization, without written permission of the City Manager or his authorized agent, or the City of Bozeman to enter and remain within the boundaries of Lindley Park from one-half hour after sunset to one-half hour before sunrise. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission pass and adopt Ordinance No. 1036 to become effective in thirty days. 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. Commission Resolution No. 2102 - Intent to Create SID 616 - Paving & Storm Drain - West Koch Street between South 20th and 23rd - Hearing October 31 - Kroh Brothers Commission Resolution No. 2102, declaring the intention to create SID No. 616, paving, concrete curbs and gutter construction on West Koch Street between South 20th and South 23rd Avenue, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 616 FOR THE PURPOSE OF CON- STRUCTING AND INSTALLING AN ASPHALTIC CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS, AND NECESSARY APPURTENANCES THERETO; ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON WEST KOCH STREET BETWEEN SOUTH 20TH AND SOUTH 23RD AVENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2102 be passed and adopted, and October 31, 1979, be the date set for public hearing. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Vollmer, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. I Commission statement - re Kagy Blvd as truck route The City Manager presented a statement regarding Kagy Boulevard being used as a truck route and/ or a by-pass between Bear Canyon and West 191. Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City Manager's statement regarding Kagy Boulevard be made a part of the minutes as set forth in full: It has come to our attention that, in spite of statements and utterances to the contrary over the past two years, some individuals apparently still harbor apprehensions of Kagy Boulevard becoming a truck route and/or a by-pass between Bear Canyon and West 191. Neither the City Commission nor the City staff has odvocated in the past, proposes at this time, or can foresee any need in the immediate future, of Kagy Boulevard becoming a truck route. To our knowledge the 1957 Master Plan sug- gested a by-pass around Bozeman, which has since materialized as Interstate 90. It has been reiterated on numerous occasions that there are no plans to connect Bear Canyon with West 191 by way of Kagy Boulevard. I Webster's defines a boulevard as "a broad avenue in or around a city, es- pecially one laid out with trees, turf, etc., hence, a broad thoroughfare." It is this (defined) atmosphere which the City Commission and staff have hoped to achieve: a grassed and landscaped median, safely separating opposing vehicle lanes, and providing further for safe and separate pedestrian, cyclist and jogging facilities. While more nearly accommodating the occasionally heavy traffic generated by the Fieldhouse and Stadium, it would also handle the daily traffic of the University, Summit Engineering and multi-family develop- ments planned for areas west of the Stadium. It has always been our1opinion that, with the (Kagy) arterial developed as a boulevard, the likelihood of attractive residential development would be increased, and commercial activity would be minimized. We know of no opposition to a full four vehicle lanes, plus pedestrian/ bicycle facilities, on Kagy, between Third and Eleventh. Everyone seems to recognize the demands placed upon this segment of roadway, and accepts the boulevard concept as the most likely means of preserving aesthetics, while still providing for numbers and safety. It should be noted that the segment of Kagy Boulevard from Third to Nineteenth (along with West Main and South Nineteenth) has been suggested as an intra-city truck route, to relieve South Willson of this traffic. Should this become a reality, it would be more logical than ever to provide for a full four-lane format between South Third and South Nineteenth. With this possibility at least partially in mind, the Commission two years ago moved this segment of Kagy from Number 4 to ',' ,\ -, '':;v I Request for determination of zoning boundaries - Frank Trunk property I 338 Number 3 on the construction priortiy list. 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. Authorize signature of contract dicuments SID 608 - 6l4, paving and storm drain Figgins 4th & Garfield between Tracy and Milwaukee Railroad I The Contract Documents for the construction of Special Improvement District No. 698 - paving and storm drain installation in Figgins Fourth Addition and Special Improvement District No. 614 - paving and storm drain construction on Garfield Street between South Tracy Avenue and the Milwaukee Railway Company, as prepared by Thomas, Dean & Hoskins, Inc. in the amount of $342,846.50 as submitted by Long Construction Company, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Contract Documents be approved and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Long Construction be auth- orized and directed to proceed with the construction of SID No. 608 and 614. 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. Claim - Claus Construction - Bomont Subdivision The City Manager presented the claim of Claus Construction in the amount of $23,806.92. He had checked the claim and found it to be true and a lawful claim against the City of Bozeman and recommended it be approved and the Director of Finance be instructed to issue a warrant in payment. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the claim be approved. 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. A letter received from Frank Trunk involving a controversy of property lines and zoning designations, for his property in and around King Arthur's Trailer Court was presented. After discussion of the problem, the City Manager suggested that perhaps the City would waive the normal filing fee involved, with Mr. Trunk being required to pursue the matter through the normal channels. The Commission consented to waiving of the fee, whereupon Mr. Trunk also consented to make formal application to the Zoning Commission to resolve the zoning problem. MSU Army ROTC - Annual March of Dimes Walk-a-thon - May 3 or May 10, 1980 A letter received from the Montana State University Army ROTC requesting permission to assist with the Bozeman Chapter of the March of Dimes in the annual Walk-a-thon to be held on either May 3, 1980 or May 10, 1980 was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer that permission be granted the MSU Army ROTC to assist with the March of Dimes annual Walk-a-thon. 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. Report - Building Inspector The City Manager presented the report of the Building Inspector for acknowledgement and filing on Wednesday, October 10, 1979. I Adjournment There being no further business to come before the City Commission, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor ~ ~. ~,.... ATTEST: _ 7) / ;!?"? ERNA V. HARDING, E ND P. SEDIVY, those voting No, none. ~