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Home My WebLink About1978-08-02 D12 August 2, 1978 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 2, 1978, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner 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, July 26, 1978, were approved as submitted. I Continued hearing - Richard L. Schwaller - rezone 80 acres from AS to RS-l Request to withdraw petition for zone change The hearing on the request of Richard L. Schwaller for a zone change from AS to RS-l on an eighty acre parcel of land, having been continued, was brought before the Commission. The City Manager said that even though Mr. Schwaller requested that the petition to rezone eighty acres of land from AS to RS-l be withdrawn, the hearing should be convened and possibly immediately adjourned as well. The Planning Director met with Mr. Schwaller and explained that the present designation of agricultural densites is correct. The Mayor declared the continuation of the public hearing closed, and the petition to rezone eighty acres of land from AS to RS-l was withdrawn. Continued hearing - A. Visocan - Conditional Use Permit - Construction of two 18 unit apartment buildings located between Durston Road, Villard Street, Seventh Avenue and Ninth Avenue The hearing on the request of A. Visocan for a Conditional Use Permit to allow the construction of two 18 unit apartment buildings on approximately 3.98 acres of land located between Durston Road, Villard Street. Seventh Avenue and Ninth Avenue having been continued until such time as a new plot plan is submitted, was brought before the Commission. Paul Bolton, Planning Director. gave the staff report. The Zoning Commission recommended approval of the Conditional Use Permit subject to five conditions. Jim Screnar, representing the applicant. addressed the Commission and made note of the fact I that this area is zoned R-4 and that this development met all the requirements of the R-4 zone code. He stated that this developer is not doing anything that the Zoning Code has not provided for. He reiterated that the applicant is willing to meet all permits and requirements. The Mayor declared the hearing closed, and the City Manager recommended that action be de- layed for a period of one week. Public hearing - Conditional Use Permit - Southwood properties to construct 5,000 sq. ft. single building for offices and retail uses This was the time and place set for a public hearing to consider the Conditional Use Permit requested by Southwood Properties to construct a five thousand square foot single story building to be utilized for offices and retail uses along Kagy Boulevard, easterly of Willson Avenue. The Planning Director presented the staff report and recommended approval thereof with con- ditions. Petitioner Clair Daines advised the Commission that every aspect of zoning is needed at the present time. Several interested persons were present to find out what the zoning was in this area. They also wanted to know what the retail uses were in this area. The total structure cannot exceed 5,000 square feet. Mr. Gesko stated the property was zoned for offices and retail uses. The Mayor declared the hearing closed and the City Manager recommended that action be delayed for a period of one week. Public hearing - Zone Code Amendments - Planning Staff - public notice requirements - Sec. 18.72. I 030, 18.93.050 & 18.96.030 This was the time and place set for a public hearing to consider a request to amend the zone code to eliminate Section 18.72.030, 18.93.050 and l8.96.030 of the Bozeman Municipal Code. The City Manager advised the Commission that the staff had expanded their notice procedures to neighbors involved in proposed rezoning. He said a map of the area was included in the legal notice in the newspaper. Individual letters were written to all property owners within 150 feet of the proposed area. Signs were erected on the property to call attention to a proposed action. Planning Director, Paul Bolton gave a brief presentation on the purpose and intent of the zone code amendments. He said due to a problem of posting signs on particular sites during the ~ I .'., " u~~ winter months and the monitoring of numerous notification signs scattered over the entire zoning area of the city and its environs, the City Building Official is placed in a very difficult position of having enough signs or being able to post signs when required. Commissioner Vandeventer hoped that the City would continue posting the signs. The City Manager stated that only the people living within 150 feet of the posted signs received the survey. He stated that of three methods of notifi- I cation, it seemed that the posted signs were of the least value. The City Attorney said notices should be given to those immediately adjacent thereto and extend- ing 150 feet therefrom as required by law. The City Manager stated all the letters he received in regard to the posted signs were in favor thereof. Ann Anderson of the University Thompson for Home Owners was in favor of continuing the posting of signs. Jane Cooper said it is of vital importance to know what is going on in the city and hoped the Commission would vote in opposition to this amendment. The Mayor declared the hearing closed, and the City Manager recommended that action be delayed for a period of one week. Public hearing - Conditional Use Permit - Planning staff - Conditional Use procedure (tabled by Zoning Commission until August 17) This was the time and place set for a public hearing to consider the Conditional use procedure revision suggested by the Planning Staff. The Planning Director presented the staff report. He said a review of Conditional Use Applica- tions processed during the past five years seemed to suggest that a better method existed by which applications could be processed. The increased demand on all City staff time pointed to a need for a more efficent use of existing personnel. It was felt that a better framework outlining the cri- teria to be used in review of the Conditional Use Request was needed. The proposed revision would seem to offer a more effective yet efficient system in processing these items. I At present, all conditional use permits reach the City Commission for decision. Under the revision, only those which appear at all to be controversial would reach the City Commission. The hearing on Conditional Use Procedure will be continued until a recommendation is received from the Zoning commission. Ordinance No. 1009 - Electrical Code repealing Ordinance No. 959 Ordinance No. 1009 adopting the 1978 Edition of the Electrical Code, was presented; entitled: ORDINANCE NO. 1009 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, REQUIRING A PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF ELECTRICAL WIRING, CREATING AN ADMINISTRATIVE OFFICE, DEFINING CERTAIN TERMS, ESTABLISHING MINIMUM REGULATIONS FOR THE INSTALLATION, ALTERATION OR REPAIR OF ELECTRICAL WIRING AND THE INSPECTION THEREOF PROVIDING PENALTIES FOR ITS VIOLATION AND REPEALING ORDINANCE 959 AND ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF BOZEMAN IN CON- FLICT HEREWITH. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Notice of Intention to adopt the foregoing Electrical Code be passed, and the Notice be published once in the Bozeman Daily Chronicle at least fifteen (15) days prior to final action and that the hearing be held on Wednesday, August 23, 1978. The motion was carried by the following Aye and No vote, thos- voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. I Montana Bank of Bozeman - Request to conduct second annual classic run A letter received from the Montana Bank of Bozeman requesting approval to hold its Classic II seven mile run on Saturday, October 7, 1978, was presented. The run is scheduled to begin at 10:00 a.m. at the Lower Bridger School in Bridger Canyon at the Kelly Canyon cut off. The route will follow Bridger Drive toward Bozeman, up North Rouse Avenue to Mendenhall Street and then proceed west on Mendenhall to the Montana Bank drive up facility. The run will take approximately forty to sixty minutes for most participants but may take longer for some. They would like to serve beer in their parking lot as well as inside the bank. The City Attorney advised the Commission that the consumption of beer is restricted to public places. The bank property is not a public place and therefore the consumption of beer would be f] 1 L t........L... { allowed in the parking lot as well as inside the Montana Bank of Bozeman. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that permission to hold its Classic II seven mile run be approved with the help of the Police Department. 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. Preliminary Budget discussion I The City manager assisted by the Director of Finance explained the proposed budget for the fiscal year ending June 30, 1978. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission accept the budget schedule calling for the first public hearing to be held on Tuesday, August 8, 1978, at 7:30 o'clock p.m. 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. Request to authorize Fire Chief to attend annual Western Fire Chief's Conference - to be held in Las Vegas - August 13-17, 1978 The annual Western Fire Cheif's Conference is scheduled to be held in Las Vegas, Nevada, August l3-l7, 1978, and the Fire Chief requested permission to attend the Conference. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Fire Chief, Simpson be granted permission to attend the conference and his expenses be paid out of the appro- priate fund. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, CommissionerVo1lmer and Mayor Sedivy, those voting No, none. Reports The following reports were presented: Director of Public Service for May 1978 I Building Official for July Police Department for July The City Manager commented on the reports and recommend they be accepted and ordered filed. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, 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 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, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. SEDIVY, ATTEST: g jl ~_ /. f d rt0 X' d,~-? ERNA V. HARDING, C ERK OF ~MMISSION I