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HomeMy WebLinkAbout1978-06-14 483 June 14, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 14, 1978, at l:l5 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, City Manager Gesko, Acting City Attorney Coil and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- I ular meeting held on Wednesday, June 7, 1978 were approved as submitted. Authorize Absence of Commissioner Vandeventer, June l4, 1978 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the absence of Commissioner Vandeventer, from this meeting, be authorized in compliance with Section ll-3245, R.C.M., 1947. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Open Bids - 1978 Snowblower for Street Department This was the time and place set for opening bids for one detachable type snowblower for the Street Department. The affidavit of publication of "Notice to Bidders" was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the bids be opened and read, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab and Mayor Sedivy, those voting No, none. The following bids were then opened and read: Langer-Thompson Inc. - Billings $22,3l9.00 Tractor & Equipment - Billings l8,555.00 Western Equipment - Billings 31,450.00 Upon the recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner MacNab, that the bids be referred to the Street Superintendent I for review and a recommendation to be brought in on Wednesday, June 21, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson. Commissioner MacNab, Commissioner Vollmer and ~ayor Sedivy, those voting No, none. Open Bids - 1978 Sidewalk and Curb Construction This was the time and place set for opening bids for the repairing and reconstruction of miscellaneous sidewalks and curbs. Affidavit of publication of "Notice to Bidders" was pre- sented. It was moved by Commissioner Swanson, seconded by Commissioner MacNab, that the bids be opened and read, and the motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner MacNab. Commissioner Vollmer and Mayor Sedivy, those voting No, none. The bid of Concrete Specialties being the only bid submitted was then opened and read. Concrete Specialties, Bozeman Schedule 111 - $70,043.20 Schedule 112 15,234.50 The Commission concurred with the recommendation of the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the bids be referred to the engin- eering staff for evaluation, and recommendation on Wednesday, June 21, 1978. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Decision - (a) Gerald Gates to rezone from RS-l to R-S to be divided into three lots for two additional dwellings I The decision on the request of Gerald Gates to rezone the property located between Sour- dough Road and South Rouse Avenue and north of Lincoln Street, extended, from RS-l to R-3, having been deferred for a period of one week, was brought before the Commission. The City Manager advised the Commission that it would be to theadvantage of the City to wait until the Soil Conservation Service Flood Plain Study and a master planning of this entire Sourdough Creek area is completed. Commissioner Swanson felt that the Commission should consider the future of the area. The Zoning Commission denied the request of Gerald Gates for a zone change from RS-l to R-3 and recommended denial of the request to the City Commission. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner 484 Swanson, that the Commission approve the zone change from RS-l to R-3 as requested by Gerald Gates. Those voting Aye being Commissioner Vollmer; those voting No being Commissioner Swanson, Commissioner MacNab and Mayor Sedivy. The motion failed for lack of a majority and the request for the zone change was denied. (b) Southwood properties to rezone an existing neighborhood business district from B-l -T toR-2 along Willson Avenue I The decision on the request of Southwood Properties to rezone an existing neighborhood from B-l-T to R-2 having been deferred for a period of one week, was brought before the Com- mission for a final decision. The City Manager said there was no complication on this request and would probably be well accepted by the neighborhood. The Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner Swanson, seconded by Commissioner MacNab, that the Commission approve the request for a zone change from B-l-'T to 1\-2 for the land fronting along Willson Avenue from the intersection with the exising R-2 to the Kwik-way lot for a depth of 100 feet. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. (c) S.R. McEwen to construct building located in Wheats Commercial Subdivision (Conditional Use Permit) The decision on the request of S.R. McEwen to construct a building on an approximately sixty-six thousand two-hundred fifty square foot lot located in Wheats Commercial Subdivision having been deferred for a week was brought before the Commission. The Zoning Commission having tabled action pending a complete submission of the applicant's plans recommended approval of the conditional use permit subject to three conditions. Following discussion, the City Manager recommended approval of the conditional use permit. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- I sion approve the conditional use permit to construct a bulding located in Wheats Commercial Subdivision with the following conditions. 1. Signage shall be restricted to the one advertising sign submitted except that said sign shall not be placed above the roof of the building or if free-standing it shall not exceed a maximu height of thirty-two feet. This condition shall not effect directory signs. 2. An improvements agreement shall be entered into so as to provide for all improvements to be installed within one year of occupancy of the building. 3. The Wheat Commercial Subdivision shall obtain Final Approval and be filed in the office of the County Clerk prior to the issuance of a building permit. Public Hearing - Amendments to City/County Planning Area Subdivision Regulations (a) Revised Minor Subdivision Plat Review Regulations This was the time and palce set for a public hearing to consider the amendement to the Subdivision Regulations as enacted upon by the Montana State Legislature. The changes deal primarily with a specified time period in which Governing Bodies had to approve a proposed minor subdivision plat and the exemption from public hearing and filing of environmental assessment for the first minor subdivision from a tract of record. The Planning Director gave a brief staff report and stated the amendment should aid the Staff and applicant alike and would have access to a clear and understandable procedure re- garding minor subdivision review. The Bozeman City/County Planning Board approved the Revised Minor Subdivision Review Process and supported the proposed amendment and recommended its I adoption by the City Commission. The Mayor declared the hearing closed. The City Manager recommended that action on the request for the amendment to the Sub- division Plat Review Regulations be deferred for a period of one week. (b) Revised Mobile Home Development Standards - Landscaping requirements This was the time and place set for a public hearing to consider the Revised Mobile Home Development and Landscaping regulations amendment. The Planning Director presented the staff report. He stated that in April of this year i8~ , .<} the City Commission created a new zoning district which would allow for the creation of mobile home parks and mobile home subdivisions from adjacent properties. The proposed amendment will require that the developer of either a mobile home park or mobile home subdivision provide landscaping as a part of the final subdivision improvement agreement. The staff recommended that the City Commission adopt the Revised Mobile Home Development and Landscaping Regulations I Amendment to the Subdivision Regulations and that required landscaping be at the discretion of the Governing Body at such time that a particular project is approved. Jim Cummings said he supported the landscaping in this area. The Mayor declared the hearing closed and the City Manager recommended that action on the request be deferred for a period of one week. (c) Revised Subdivision Review Fees This was the time and place set for a public hearing to consider the Revised Subdivision Fees Amendment to the Subdivision Regulations. The Planning Director presented the staff report. The proposed reorganization to the subdivision plat review fees has been suggested to reflect inflationary trends in costs of staff time and materials and advertising fees associated with processing subdivision plats. Mr. Bolton said this was the first time fees had been increased since 1975. There was no one present to speak either in favor of or against the revised Subdivision Review fees. The Mayor declared the hearing closed and the City Manager recommended that action on the request be deferred for a period of one week. Public Hearing - Zone Change - Thomas H. Langel to rezone an area from B-1 and R-2 to R-4. Located in the east l/2, Sec.5, T2S, R6E, Story Hills Tracts (To be Tabled) This was the time and place set for a public hearing to consider the request of Thomas H. Langel for a zone change from R-2 to R-4. The applicant seeks the zone change to rezone I tracts l, 2 and 26, Story Hills tracts located in the East 1/2, Section 5, Township 2 South, Range 6 East. The applicant requested that the Planning Board and the Zoning Commission table the matter until such time as the applicant has completed a study of community facilities and services. The Planning Director gave a brief staff report. He advised the Commission that the Planning Board recommend that no action be taken until a partial annexation report could be made. The same recommendation was made by the Zdning Commission. Rick Mayfield representing the applicant was present in support of the zone change but felt they did not have the necessary information so asked that it be tabled. The City Manager recommended that the request for the zone change be tabled pending a recommendation from the Zoning Commission, and that the time of the hearing be announced by the press. Public Hearing - Conditional Use Permit - The Three W's, Inc. (Maurice Weissman) to operate a retail business in the M-1 district approzimately 3 acres - Con Arga business on North Rouse Avenue This was the time and place set for a public hearing to consider the conditional use permit requested by the Three W's, Inc. The applicant seeks the conditional use permit to operate a retail business in the M-l district. The operation will consist of a retail store similar to that now conducted by Carl Weissman and Sons, Inc., at 624 East Main Street. The Planning Director summarized the staff findings. The Three W's Inc. plan to operate the retail business in the Con Agra Building located on North Rouse Avenue. The site contains I approximately 3 acres. The Zoning Commission recommended approval of the conditional use permit. James Morrow, Attorney representing the applicant, addressed the Commission and stated the applicant was in agreement with the four conditions as recommended by the Planning Staff. Mr. Morrow questioned the vacation of Oak Street through the ConAgra property. American Title Company found that Ordinance No. 761 did, in fact, vacate tht portion of Oak Street lying between Rouse and Montana Avenue. The City Manager asked that if condition #5 were to be imposed on the property, would the persons purchasing the property not continue with the purchase of same. The engineering staff discussed the possibility that Future Oak Street will pass through 186 the middle of the ConAgra property and this should be considered in thd approval. The engineering staff will be allowed to show other alternates which considered and rejected for this proposed roadway, and also outline the reasons for their preference in this matter. Following discussion and in concurrence with the recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that-the hearing be con- tinued until Wednesday, June 21, 1978, at which time hopefully there can be a decision made. I The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Discussion - Burrup Annexation Having held a discussion on the narrow one-mile-long strip of land lying between the east interchange I-90 and the frontage road on several occasions, it was again brought before the Commission. The Zoning Commission approved rezoning this property to R-2 subject to the approval of the feasility study and actual annexation. Because of Health Department requirements, if this land is not provided with municipal sanitary sewers, it cannot be developed as R-2 prop- erty. The City Manager said that if the property is annexed into the City, all that can be provided is sanitary sewers -- not water in the immediate future. The City is compelled by State Statutes to at least offer to provide municipal utilities within five years after annexation. The City Manager further said he did not want to be obligated for a five year period to provide water services. He would much prefer the annexation and the waiver of water services by the petitioners. Mr. Burrup was present and stated they had been at several meetings and that other in- terested persons were also present. He further advised the Commission that they would pro- vide their own water facilities and would install such facilities according to exact City specifications. At such time as the water was extended in this area, they would connect I to their existing mains. The Acting Attorney stated that the City Attorney would want to research existing State Statutes, to see if the City could annex the property, after receiving waivers from the petitioner regarding the extension of water utility to the area involved. Following an extensive discussion, the City Manager suggested that the City Attorney be instructed to research further to see if it is possible for the City to waive the sanitary sewer and also that he contact the Attorney General for his opinion. The Acting City Attorney felt that the request for a decision could be brought back in two or three weeks. Ordinance No. 1007 - Amending Section l8.84.050 of Bozeman Zoning Code Off Street Parking Ordinance No. 1007 amending Section 18.84.050 of the Bozeman Municipal Code relating to the number of off-street parking spaces required for theatres in the City of Bozeman, Montana, as prepared by the City Attorney was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Ordinance No. 1007 amending Section 18.84.050 of the Bozeman Municipal Code be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution - to allow County Housing authority to operate within the Bozeman City Limits A proposed resolution approving placement on the September primary election ballot of a resolution which, if approved, would grant to the Gallatin County Housing Authority operating I jurisdiction within the City of Bozeman was presented. Commissioner Swanson protested the idea of the City joining the county housing authority. He felt the city should pursue forming their own housing authority. The City Manager stated the Commission had endorsed a county-wide housing authority which might serve housing interest not only in the county, but in Bozeman, Belgrade, Three Forks, Manhattan, etc. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission deny the proposed resolution approving placement on the Sept- ember primary election ballot of a resolution which, if approved, would grant to the Gallatin County Housing Authority operating jurisdiction within the City of Bozeman. The motion was ~ i87 by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. It was then moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission support the establishment of a local housing authority in Bozeman. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner I Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Mr. Ottis Hill, Field Representative with the Department of Community Affairs cautioned the Commission that it would be difficult to get the preliminary work on a local housing auth- ority completed before the November election. The City Manager stated that an extension was required to continue the Legion's eligi- bility for HUD financing. This extension was for a three month period. The extension will expire July 31, 1978. The City Manager further advised the Commission that unless a tax-free bond issue is available, the Legion cannot successfully finance this project. The City Manager said that if a special election were to be conducted the city would not want only one issue to support the cost of the election, and it would seem rather inadvisable to hold a special election just one month before the regular election. He further stated he did not think the city could get a needed 40 percent turnout of voters in July, August or September, and therefore recommended the issue be placed on the November general election ballot. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission favor the four month extension request to be made to the Department of Housing and Urban Develop- ment by the American Legion. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Request Rate Increase - Impoundment at Animal Shelter I It was moved by Commissioner Vollmer, seconded by Commissioner MacNab that the room and board fee at the animal shelter be raised as follows: Dogs - $3.00 per day Cats - $2.00 per day The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner MacNab and Mayor Sedivy, those voting No, none. Presentation - Sweet Pea Festival Committee Several persons were present to discuss the proposed Sweet Pea Festival and to explain the programs that have been planned. Report The City Manager commented on the report of the Police Court for May and recommended it be accepted and ordered filed. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was I moved by Commissioner MacNab, 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 MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. /.-- ,.. /' -- - ATTEST: - ~- -~- ~--