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HomeMy WebLinkAbout1979-02-21 . , J.. ~t February 21, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 21, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, 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, February 14, 1979, were approved as corrected. Continued hearing - Yelew Builders - zone map change (RS-l to R-3) approximately 4 acres land located east of South 19th SofLincoln Road, adjacent to Willow Way I The public hearing on the request of Yelew Builders for a Zone Map Change from RS-l to R-3, having been continued from February 21, 1979, was again presented. The applicant seeks a change to the City's Official Zoning Map which would reclassify the zoning on approximately four acres of land from RS-l to R-3. The area is located east of South Nineteenth Avenue, South of Lincoln Road, and adjacent to Willow Way. The zone map change is being requested by the applicant so that a townhouse project may be constructed. The City Manager wanted to make the following facts and statements a matter or record. The report prepared by Mayfield and Associates was distributed to interested parties merely as a courtesy. This report reached such interested persons only during the morning of the day scheduled for the hearing. The Attorney representing those opposing the rezoning felt he could not digest and ade- quately respond to the report, within the short time before the hearing. The petitioners had been granted a delay in the public hearing, and it was felt that the opposition should be accorded a similar delay, if requested. Public hearings on zoning and rezoning matters are legislative procedures. Such hearings will not be scheduled or delayed because of time allegedly needed by proponements and opponents to become familiar with and effectively oppose material to be introduced by the opposition for rebuttal. It is expected that such hearing will not be conducted as judicial proceedings, which require disclosure by both parties of material to be submitted, with adequate time provided for review and analysis by the opposition. This continuance of the public hearing is an accommodation which accords equal treatment to the opposition, as well as a reflection of the desire of the City Commission. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commis- sion concur in the recommendation of the City Manager, and continue the hearing on the request of Yelew Builders for a Zone Map Change from RS-l to R-3 until March 14, 1979. 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. Decision - Planning Staff - zone code amendment - Chapter 18.76 Townhouse Development Standards & Overlay District I Action was delayed on the request of the Planning Staff for a zone code amendment for a period of one week. If approved, the zone code amendment would modify Section 18.76.030 (4) Development Dis- tricts, l8.76.0S0 - Utilities and;Services, and 18.76.110 (2) - Common Open Space, of Chapter 18.76 - Townhouse Development Standards and Overlay District. The Commission concurred in the recommendation of the Bozeman Zoning Commission, also con- curred in by the City Manager, and it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the request for the zone code amendment be approved and the City Attorney be di- rected to draw up the necessary ordinance tofue zone code amendment which would modify Section 18.76.030, 18.76.050 and 18.76.110 of Chapter 18.76 - Townhouse Development Standards and Over- lay District. 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. Further discussion of date of site hearing for public library The City Manager stated that if a meaningful public hearing is to be held regarding a li- brary site, then facts and figures regarding each potential site must be know at that time. As sites are discussed, all pertinent data should be discussed as well. The City Manager said 148 he has received a list of lO possible sites and felt that more time is needed to research those possibilities. It was suggested that the meeting be held at the High School Cafeteria at 7:00 p.m. on Wednesday, March 7, 1979, and that it be a joint hearing between the City Commission and the Library Board. The Mayor asked that Commissioner James W. Vollmer, and Keith D. Swanson be named official representatives of the City to collect information on the sites. It was suggested that the City Commission not commission the architects for the $2,000.00 site analysis or study. If participation by the consultants is advisable prior to the public hearing on the site, then the City Manager is authorized to employee them on an hourly basis. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the City be authorized an expenditure of not to exceed $2,000.00 if needed. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Com- missioner Vandeventer, Commissioner Vollmer and Mayor Sedivy, those voting No, being Commis- sioner MacNab. I Determine approprite designation of Ordinance No. 1020 (Payment in lieu), and authorize proper procedure for adoption It was brought to the attention of the Commission by the City Attorney that Ordinance No. 1020 (Payment in Lieu of Parking Space Requirements) was passed at the previous Commis- sion meeting. In as much as the substance of that ordinance should be corollated with the substantial amendments to the zoning provisions of City Ordinance, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission rescind Ordinance No. 1020. 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 Raffle License Application - Big Brothers and Sisters of Gallatin County - February 22, 1979 I No, none. The City Manager presented an application from the Big Brothers and Sisters of Gallatin County, along with the approprite fee for the purpose of holding a raffle on February 22, 1979. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license for the Big Brothers and Sisters of Gallatin County. The motion was carried by the following Aye and No vote, those voting Aye being Com- missioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Adjournment There being no further business at this time, it was moved by Commissioner Vollmer, 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 Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. ~ ~/ ATTEST: I CITY COMMISSION