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HomeMy WebLinkAbout1979-01-31 ~i 1 J~ "',~ v " January 31, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, January 31, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Ass't City Manager Smith, City Attorney Planalp and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, January 24, 1979 were approved as submitted. Action was delayed on the Tequest of the Planning Staff for a Zone Code Amendment (Chapter 18.72 - Conditional Uses) for a period of one week. The Planning Director explained the intent of conditional use permits is to provide for specific uses, other than specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. Conditional uses may also be used in trans- itional districts as specified in Chapter 18.63. No structure or land may be used for any pur- pose in any district where such use is not a permitted use, unless such use is listed as a con- ditional use to this Section and approval for that use is obtained through the proper procedure. The City Commission may approve the conditional use permits after considering facts presented on the application. The following areas for a zone code amendment had changes: I Decision - Conditional Use Section - Chapter 18 - Zone Code Amendment 1. Intent 2. Application 3. Review by the Zoning Commission 4. Decision of the Zoning Commission 5. Decision of the City Commission 6. Consent approval by the Zoning Commission 7. Amendment or modifications to Conditional Use Permits 8. Failure to utilize conditional use permits 9. Cancellation of a Conditional Use Permit 10. Revocation of Conditional Use Permits ll. Conditional Use Permit Fees 12. Submittal requirements for a Conditional Use Permit 13. Required exhibits, plans and data l4. Residential - Medium Density 15. Residential - Medium Density Apartments 16. Residential - High Density 17. Residential - Office District, Neighborhood District & Community - Highway Business District I Commissioner Vandeventer raised the question as to whether no radio spots would be util- ized as part of the notification effort. The Planning Director advised Commissioner Vandeventer, that the staff would review ex- isting public notice requirements and assured Commissioner Vandeventer that the conditional use procedure would be consistent with the city's present notice requirements as pertains to radio advertisements. Following discussion, the Commission concurred with the recommendation of the Assistant Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the City Attorney be instructed to draw us an ordinance amending Chapter 18.72 - Conditional Uses. 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. Decision - re proposed Woodridge Annexation The public hearing on the proposed Woodridge Annexation was closed on December 27, 1978. the matter was continued until January 17, 1978, for a decision. The City Engineer stated his only concern was whether the City was setting a precedent. The Developer will pay the entire special improvement district costs. If other people hook on, then the district could be retired at an earlier date. The Commission concurred in the recommendation of the Acting City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request for the Woodridge Annexation. 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 being Commissioner Vandeventer. I .J'." r. 1. 1.,)":;; Public Hearing - Story Hills - Zoning Map Change - to be continued indefinitely I This was the time and place set for a public hearing to consider the request of Story Hills East for a Zone Map Change from PLI to RS-5. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on property on the periphery of the east- ern half of that area commonly referred to as Story Hills. The applicant seeks the zone map change so that access to existing lots can be ficilitated. The property is located approxi- mately two and one-half miles east of the City. The Planning Director presented the staff report which recommended that the requested zone map change be approved. He further stated that his staff would rewrite the staff report after reviewing the applicant's additional information. The public hearing was opened and the request for a zone map change will be continued un- til additional information has been received from the applicant. Continued Hearing - Off-Street Parking and Loading - Chapter 18 Zone The request of the Planning Staff for a Zone Code Amendment for Off-Street Parking and Load- ing was again presented for continued discussion. Several persons were present to discuss the landscaping and express their interest in incor- porating shrubs, flowers and any other landscaping to improve the areas. Five members of the garden club and a landscape architect also responded in favor of the proposed landscaping require- ments. The staff advised the Commission that they are not too far away from arriving at a workable solution. The hearing was continued for a period of one week. Public Hearing - Conditional Use Permits (a) Warner Marketing (T.O.I. Theatres) - modify freestanding signs located on Lot 9, Tai Lane Addn. across 11th Avenue from MSU Fieldhouse Parking Lot I This was the time and place set for a public hearing to consider the request of Warner Marketing for a conditional use permit. The applicant seeks to modify their original conditional use permit which, if approved, would allow one freestanding sign of 26 square feet and one building sign having 269 square feet. The sign would be located on lot 9 of the Tai Lane Addition located directly across 11th Avenue from the MSU Fieldhouse parking area. The Planning Director presented the staff report which recommended approval of the new sign- ing proposal subject to two conditions. Lowell Springer, local architect, representing the applicant addressed the Commission. He stated that the maximum square footage of the proposed sign includes the trim area of the sign. He pointed out that the actual sign area falls within the allowed square footage. Mr. Springer said that including the trim area there is only about 20 square feet difference between the sign as proposed and the sigh area as recommended by the Planning Staff. He further stated the trim could be eliminated but that it would not look as good. There being no further expressions the Mayor declared the hearing closed and the Acting City Manager recommended the decision be delayed for a period of one week. (b) Larry Merkel - Construction of Antique Store - to be tabled I This was the time and place set for a public hearing to consider the conditional use per- mit application for Larry Merkel. The Planning Director advised the Commission that the Zoning Commission tabled action on the request for a period of one month to acquire additional information. The hearing on the conditional use permit for Larry Merkel will be continued until a reco- mmendation is received from the Zoning Commission. Authorize transfer to $68,747.11 Revenue Sharing Funds - January Public Safety Payroll The Acting City Manager requested authorization to transfer $68,747.11 from the Revenue Sharing Fund account for the January public safety payroll. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the request to transfer $68,747.11 from the Revenue Sharing Fund Account for the purpose of paying the Police and Fire Department employees for the month of January. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, COMMISSION RESOLUTION NO. 2043 I -1 16 ,!,.v Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy, those voting No, none. Commission Resolution 2043 - Fix date, maturity date and principal amount of bonds SID No. 600 Sanitary Sewer Figgins Phase 4 The Acting City Manager presented Commission Resolution No. 2043 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 600, entitled: 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 IMPROVEMENT DISTRICT NO. 600 It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that Commis- sion Resolution No. 2043 be passed and adopted. The motion was carried by the following Aye and No votes, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. Commission Resolution No. 2044 - Fix date, maturity date and principal amount of bonds SID No. 601 - Water Mains Figgins Phase 4 The Acting City Manager presented Commission Resolution No. 2044 setting date, maturity date, and principal amount of bonds issued in Special Improvement District No. 601, entitled: COMMISSION RESOLUTION NO. 2044 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 IMPROVEMENT DISTRICT NO. 601 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2044 be passed and adopted. 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. Commission Resolution No. 2045 - Fix date, maturity date and principal amount of bonds S1D No. 602 - Storm drain Figgins Phase 4 I The Acting City Manager presented Commission Resolution No. 2045 setting date, maturity date and principal amount of bonds issued in Special Improvement District No. 602, entitled: COHMISSION RESOLUTION NO. 2045 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 IMPROVEMENT DISTRICT NO. 602 It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2045 be passed and adopted. 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. MSU Request to produce scene from T.V. drama "Event 1000" in front of Federal Building - 8 a.m. to 5 p.m. - Sunday, February 4, 1979 A letter received from the Montana State University Department of Film and Television Production requesting permission to produce a scene from the Television drama "Event 1000" in front of the Federal Building from 8 a.m. to 5 p.m. on Sunday, February 4, 1979, was presented. Permission to use this site has been granted by both the Bozeman Postmaster and the Federal Building Superintendent. The Bozeman Police Department had also been notified and they could see no problems connected therewith. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the re- quest to produce the scene from T.V. drama "Event 1000" be granted. 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 Proclamation - Dental-Health Week - February 4-10, 1979 Mayor Sedivy declared the Week of February 4-l0, 1979 as Dental-Health Week in the City of ,r"\, _ ..Lvi It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission endorse the Mayor's proclamation, and 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. Reappointment to Cemetery Board I Mayor Sedivy announced his reappointment tofue following: Cemetery Board - 3 yr term - Mrs. Frank (Dorothy) Sabo to December 31, 1981 It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission concur in the reappointment made by the Mayor. 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. Application for renewal of kennel license - Vincent Egbert An application received from Vincent Egbert, 1305 South Willson, requesting a kennel licnese in accordance with Ordinance No. 857, Section 5.61.040 of the Bozeman Municipal Code, together with the required fee was presented. The Acting City Manager stated the license is 8;, renewaland he was not aware of any reason to deny the kennel license. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the application be approved and the Director of Finance be instructed to issue a kennel license in accordance therewith. 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. Raffle License Application - Gallatin Valley Snowmobile Association - March 3, 1979 I The Ac:t:'g City Mgr presented an application from the Gallatin Valley Snowmobile Association along with ~he appropriate fee for the purpose of holding a raffle on March 3, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission approve the application for the raffle license for the Gallatin Valley Snowmobile Assoc- iation. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Claims The payroll claims and the general claims for the month of January were presented. The ',lkt 'g City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue warrants in payment. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the claims be approved. 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 I There being no further business at this time, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Com- missioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. ATTEST: f~~L;F~/"/~~~ / ,,::-'-/EDMUND P. SEDJ:VY, SR,~' ~ ~/ ,~L - /~ &> // //4/ /'~. ~ .J/?-"?..... i/ ;;;y....,. J.. .L ~ ERNA V. HARDING, CLERK OF THE <@1 COMMISSION