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HomeMy WebLinkAbout1978-04-05 i19 April 5, 1978 Bozeman, Mt. MINUTES OF THE MEETING OF THE CITY COMMISSION April 5, 1978 The Commission of the City of Bozeman met in regular session in the Commission Room Munic- ipal Building, AprilS, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner I MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 29, 1978, were approved as submitted. Public Hearing - Conditional Use Permits (a) Montana Power Company - Development of service center situated at 121 Griffin Drive This was the time and place set for a public hearing to consider the conditional use permit requested by Montana Power Company. The applicant seeks approval to undertake the development of a service center to serve the Bozeman area. The proposed project is situated at 121 Griffin Drive. The Zoning commission having reviewed the Planning Staff's report, recommended that the City Commission approve the conditional use permit with revised conditions. Mr. Van Noy, representing the applicant, addressed the Commission and advised them he would be pleased to answer any questions. Following a thorough discussion, the Mayor declared the hearing closed and upon the City Manager's recommendation, it was moved by Commissioner MacNab,seconded by Commissioner Vollmer, that the request for a conditional use permit be delayed for a period of one week. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy; those voting No, None. I (b) Parco Neon Sign Company - Erect 5' x 6' free-standing sign located south f Griffin Drive & No. Seventh Avelle This was the time and place set for a public hearing to consider the conditional use permit requested by Parco Neon Sign Company. The applicant seeks approval to erect a five feet by six feet free-standing sign adjacent to the existing Northwooe Directory sign. The site is located South of Griffin Drive and North Seventh Avenue intersection. The area is zoned B-2 which requires transitional review. Paul Bolton, Planning Director, offered the suggestion that maybe a compromise could be worked out that would be acceptable to all parties concerned. Bobbie Corette of Century 21 Realty addressed the Commission and read a letter explaining her reasons for requesting the conditional use permit to erect a 5' x 6' sign adjacent to the existing Northwood Directory sign. In order to coordinate the business with the National Century 21 franchise, there are certain requirements that must be met. The sign is to be 5' x 6' having a dark brown background with yellow and white lettering. It is to stand 10' from the ground, from the base, and extend 16 feet in height. The sign will be attached to a yellow steel post and be adjacent tothe present Northwood Directory Sign. The Northwood Directory sign will not accomodate the speci- fications of the Century 21 sign. The Century 21 sign is aesthetically designed for simplicity. The Applicant advised the Commission that she had received a letter from Mr. McChesney opposing the sign. However, since that time Mr. McChesney has received all of the information I concerning Century 21's proposal for a sign and has sent in a letter approving the sign. ~. The City Attorney advised the Commission that regardless of the aesthetic quality of the sign, the Zoning Commission in its review must be guided by some set of standards, and since the sign meets the requirements of the sign code there is no room for discretion by the Zoning Commission. Following an extensive discussion, the Mayor declared the hearing closed, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Zoning Commission be instructed to review the request and present their findings and a recommendation at the reg- ular meeting of the City Commission to be held on Wednesday, April 12, 1978. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Com- missioner Swanson, Commission Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. - ---------.- .,-,.",~ 420 The Commission requested that the proposal for a sign ordinance be brought in soon by the Planning Department. Public Hearing - Zone Change (a) Jack Horner - Continued hearing M-l to R-5 Two acre - Block 119, Northern Pacific Addition The request of Jack Horner for a zone change from M-l to R-5 having been deferred, was I brought before the Commission for a continued hearing. The Zoning Director advised the Commission that in light of the existing industrial character of the area, the proximity to Bozeman Creek, the Master Plan designation for the area and transportation infrastructure of the area, the Zoning Commission recommended that the proposed zone change be denied. The Mayor declared the hearing closed and upon the recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request of Jack Horner for a Zone change from M-l to R-5 be denied. 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. (b) Clarence Barclay - Change exterritorial zoning map which would reclassify 10 acre tract from AS to RS-l Northeast of Riverside Country Club This was the time and place set for the public hearing to consider the request of Clarence Barclay to change the City's extraterritorial zoning map which would reclassify a ten acre tract from AS to RS-l. The property in question is located northeast of the Riverside Country Club between McIlhattan Road and the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad. Paul Bolton gave the staff report which recommended tabling of the above item until a rec- ommendation is received from the Planning Board, in view of the fact the proposed zoning is in conflict with the Master Plan. The Mayor declared the hearing open, and the applicant, Mr. Barclay, addressed the Commis- I sion stated that it was his request to rezone two one acre lots, not ten, but that if the staff wanted to rezone ten acres it would be acceptable to him. Following considerable discussion, the Mayor declared the hearing closed and it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the request to change the extraterritorial zoning map be delayed until it can be reviewed by the Planning Board. 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. Public Hearing - Commission Resolution No. 1952 - Northeast Watermains SID No. 591 This was the time and place set in Commission Resolution No. 1952, to hear protests to the creation of Special Improvement District No. 591, Northeast watermain construction. Af fi- davit of publication of Notice and the Clerk's mailing certificate, stating all property owners had been notified as required by law were presented. There were no written protest on file. David Vogel appeared before the Commission to protest the creation of the district. Several other property owners favoring the district were present. Following discussion, the Commission concurred in the recommendation of the City Manager and it was moved by CommissionerMacNab, seconded by Commissioner Vollmer, that the Commission delay action on Commission Resolution for a period of at least one week. 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 John Braaksma - Curb Variance - Expand drive on Lot 4, Block 9, Thompson's 4th A letter received from John Braaksma of 1805 South Rouse Avenue, requesting a variance to permit for expansion of the driveway area on Lot 4, Block 9, Thompson's Addition, was presented. The engineering staff advised the Commission that the curb cut policy calls for a twenty- foot driveway. He stated the thirty-one foot driveway would constitute a hazard. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request for a thirty-one foot curb variance at 1805 South Rouse Avenue be .,i21 granted. The motion was carried by the following Aye and No vote; those voting Aye being Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Commissioner MacNab, those voting No being Mayor Sedivy. Commission Resolution No. 1958 - Intent to vacate all of alley in Block 22 and 23 Northern Pacific Addition I Commission Resolution No. 1958 declaring it to be the intention of said Commission to vacate all alleys in Block 22 and 23 of the Northern Pacific Addition, lying between East Main Street and East Babcock Street and extending from the east line of Cypress Avenue to the west line of vacated Aylsworth Street in the City of Bozeman, Montana, was presented. COMMISSION RESOLUTION NO. 1958 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE ALL ALLEYS IN BLOCKS 22 AND 23 OF THE NORTHERN PACIFIC ADDITION, LYING BETWEEN EAST MAIN STREET AND EAST BABCOCK STREET AND EXTENDING FROM THE EAST LINE OF CYPRESS AVENUE TO THE WEST LINE OF VACATED AYLSWORTH STREET IN THE CITY OF BOZEMAN,MONTANA. It was moved by Commissionr Swanson, seconded by Commissionr MacNab, that the Commission delay action on Commission Resolution No. 1958 until the cleanup has been taken care of. Those voting Aye being Commissioner Swanson, and Commissioner Vandeventer; those voting No, being Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy. The motion dies for lack of a maj ority. It was then moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commis- sion Resolution No. 1958 be passed and adopted and Wednesday, April 26, 1978 be the date set for public hearing. The actual ordinance to vacate the alleys will not be considered unless the rubble is removed from the site. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Com- I missioner Vandeventer and Mayor Sedivy, those voting No,none. Petition - Request to pave Bomont & Industrial Subdv. off of No. Rouse Avenue A letter received from Rick Mayfield petitioning the City of Bozeman to create a paving special improvement district to serve the Bomont Center and Industrial Properties Subdivision, was presented. The Commission concurred with the recommendation of the City Manager,and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the request for the special improvement district and instruct the engineering staff to fur- nish the necessary information to create the district. The motion was carried by the follow- ing Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Com- missioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Request for Annexation - Hanging Tree Mobile Home Subdivision & Indian Hills Subdivision Montana Industrial Development A letter received from Rick Mayfield on behalf of the Montana Industrial Development, re- questing that the Hanging Tree Mobile Home Subdivision, located immediately north of the North- east Annexation and west of the Story mill road, was presented. Following a discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner V~ndeventer, that the Commis- sion acknowledge receipt of the petition and instruct the City staff to research the request I together with two other studies being made at this time. The motion was carried hy the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Change Order No. 2 - Bozeman Sewer Rehabilitation Schedule 1 - Replace 35' clay tile sewer line underneath Bozeman Creek at Aspen Change Order No. 2 on the Sewer Rehabilitation Project, as prepared by Thomas, Dean & Hoskins, Inc., was presented as follows: A. Description: Replace 35' of clay tile sewer line underneath Bozeman Creek at Aspen St. with ductile iron pipe. B. Purpose: Protect the sewer line from damage. ~-- ~._-----_._------~ >422 c. Cost: Total cost increase of $1,400.00 The City Manager concurred with the engineering department and recommended that Change Order No. 2 be accepted as presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Change Order be approved and the Mayor and Clerk of the Commis- sion be authorized and directed to sign for the City. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commis- I sioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Decision - Request for Waiver of License Fee - Gallatin Rural Fire Dept. The request from the Gallatin Rural Fire Department for waiver of license fee, having been tabled for the purpose of checking previous policies, was again presented. Following consideration and discussion, the Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission deny the request for waiver of the license fee. 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. Discussion - re issuance of itinerant licenses A brief discussion was brought by the City Commission as to the problems of itinerant mer- chants doing business with the city. It was felt that some sort of control should be brought to bear governing the actions of said merchants. The Commission suggested that the City Attorney and the City staff be instructed to study the various codes governing itinerant merchants and suggest something in the way of a decision. Proclamations - (a) Board of Realtors Private Property Week - April 16-22 In accordance with a request from the Bozeman Board of Realtors, Mayor Sedivy proclaimed the week of April 16-22, 1977 as "Private Property Week" in the City of Bozeman and recommended that all citizens join with the Bozeman Board of Realtors in thos observance with appropriate I and significent programs of civic betterment during this week and throughout the year. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Mayor's proclamation be endorsed, and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. (b) Sun Day - May 3, 1978 In accordance with the President of the United States of America, Mayor Sedivy proclaimed Wednesday, May 3, 1978 as "Sun Day" in the City of Bozeman and recommended that all American people observe that day with appropriate activities and ceremonies that will demonstrate the potential of solar energy. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Mayor's proclamation be endorsed, and the motion was carried by the following Aye and No vote; those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. Raffle Application - Monforton Willing Mothers - April 29, 1978 Bozeman Softball Complex - June 2, 1978 The City Manager presented an application from the Monforton Willing Mothers along with the required fee for the purpose of holding a raffle on April 29, 1978. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Com- mission approve the application for the raffle license and the motion was carried by the follow- I ing Aye and No vote; those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. The City Manger presented an application from the Bozeman Softball Complex along with the required fee for the purpose of holding a raffle on June 2, 1978. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license, and 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. _-L...........____ 423 Reports The following reports were presented: Building Inspector for March Police Report for March I The City Manger commented on the reports and recommended they be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the reports be accepted and ordered files. The motion was carried by the following Aye and No vote; those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commis- sioner MacNab and Mayor Sedivy, those voting No, none. Display of Solar Panels in connection with Sun Day, May 3, 1978 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission grant permission to the Human Resources Development Council to use the park next to the Eagles Club to display the solar panels in connection with "Sun Day" on May 3. 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. Adjournment There being no further business to come before the Commission at this time it was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the meeting be adjourned, and 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. I ATTEST: , CITY COMMISSION I