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HomeMy WebLinkAbout1979-03-07 . f t~.. r."> -- V f......! March 7, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Wednesday, March 7, 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 P1analp and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, February 28, 1979, were approved as submitted. Public Hearing - Zone Map Change a) Waite & Company - .51 acres of land located at 120 South Bozeman Avenue - From R-4 to B-3 (to be continued until March 21, 1979) This was the time and place set for a public hearing to consider the request of Waite and Company. The applicant seeks a change to the City's official zoning map which would re- classify the zoning on approximately .51 acres of land from R-4 to B-3. Waite and Company owned the lot at l20 South Bozeman which is intended to be used as a parking lot. Currently seven parking spaces are provided behind its building which are not adequate. The lot at 116 South Bozeman is owned by Mrs. Violet Riggs, who cation. No use has been proposed for her lot. The petitioner requested a two-week delay in the public hearing. The City Manager stated he had notified the petitioner that his request for a two week delay would be granted. is also a co-petitioner in this appli- I Paul Bolton, Planning Director presented the staff report. The staff report recommended denial of the request for the zone map change. Many residents from the area in question were present to protest the zone map change. The residents also critized the fact that the public hearing had been continued for two weeks at the request of the petitioner. The protestors felt they had not been adequately informed that the hearing would be continued to March 21, 1979. Dr. Richard Tenney, spokesman for the protestors gave the following reasons for request- ing denial of this zoning change: 1. Ample evidence of citizens not desiring this zone change was provided by the 59 residents requesting denial which was presented to the zoning commission on February 27. Included among these 59 residents were homeowners within 150 feet of the proposed zoning change. 2. Waite and Company has indicated their intention is to place a parking lot for their employees at this particular site. According to zoning codes an employee parking lot can be no farther than 300 feet from the place of business. This area is 450 feet. Re- gardless of who occupies this parking lot, the present road system can't accomodate an additional 20 automobiles because of the present intolerable congestion. 3. They were led to believe at the previous meeting that Waite and Company was repre- senting a second party in requesting this zone change. They now have verbal communica- tion that the second party never provided Waite and Company with her permission to re- quest this zoning change. Therefore they urge the City's consideration in just whether or not it should even consider this request for zoning change because of misrepresenta- tion. 4. This adjacent area has obvious aesthetic properties as a section of "older Bozeman" and should be preserved as such. 5. They feel this represents an indication of spot zoning. Long term planning by per- sons other than developers is indicated to avoid the need for spot zoning. 6. There are other undeveloped B-3 areas in downtown Bozeman that can serve the same purpose. 7. The B master plan encourages dense quality residential zoning near to downtown B to discourage suburban sprawl. If approved this zoning change would defeat the purpose of the master plan. I 8. This area provides homes for a substantial number of older persons who are unable to change locations should zone changes occur. 9. They feel that if approved thos zoning change would provide the impetus to request additional zone changes in residential areas. The value of present residential property would drop but commercial volume would increase. 10. Their main aim and goal is to preserve an old quiet, quality and respectable resi- dential area free of the threats of business, development and monetary encroachment. 11. The Zoning Commission has unanimously approved denial of this zoning change. Dr. Tenney questioned the legality of the petition, based on the fact that Mrs. Riggs was not a party to the request although she was listed as such. City Attorney Bob Planalp was asked present structure at 120 South Bozeman repaired or torn down because it "is an eyesore", but did not want a parking lot located there. Mary Mcquire wondered what the reason was for the extension. Anna Lee Purdy was also in- terested in the reason for continuing the hearing for a period of two weeks. Mayor Sedivy said "while it is not good, it is done out of courtesy and sometimes it backfires." Earl Best protested the zone map change, explaining that he was very much against spot zoning and felt that spot zoning would result from the change. Many other property owners were present and registered their protests. They felt the zone map change would work to the advantage of the applicant but would be a detriment to the entire community. Following an extensive discussion, the Commission continued the hearing until March 21 and instructed the City Attorney to review the application and give a legal opinion at that time. I 1 h J .c. v -t to investigate this point. Mrs. Riggs told the Commission she did not agree to being a co-petitioner for the change and her name was used without authorization. She further stated she would like to see the Mr. Best expressed his appreciation to the members of the Commission and felt assured that their decision would be in the best interest of all concerned. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the above listed 11 items be made a part of the minutes. 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. b) Joe and Dorotby Alberda - approximate 3 acres located south of West Main and adjacent to College Mobile Home Park from R-O to B-2-T This was the time and place set for a public hearing to consider the request of Joe and Dorothy Alberda. The applicants seek a change to the City's official zoning map which would reclassify the zoning on approximately three acres of land from R-O to B-2-T. The area is located south of West Main Street and adjacent to the College Mobile Home Park. This zone map change is being requested by the applicant due to the long, narrow, topography of the existing tract. The Planning Director presented the Staff report and recommended approval of the re- quested B-2-T zone map change. Mr. Alberda indicated that he was pleased with the findings of the Zoning Commission and hoped the City Commission would support their recommendation. There being no one present to protest, the Mayor declared the hearing closed and a dec- ision will be forthcoming on March 14. I Discussion - re: park land dedication - Richard's Subdivision James Screnar, representative for Lonnie W. Beck of the Richards' Subdivision requested that the discussion regarding park land dedication in the Richards' Subdivision be continued for a period of one week. Public Hearing - Commission Resolution No. 2046 - Woodridge (Daines) Annexation - property abutting Graf's 4th on its east side, and located approximately 200 yards south of City limits on South Third Avenue During the regular meeting of the City Commission held on March 7, 1979, the Commission regularly passed and adopted Commission Resolution No. 2046 declaring its intention to extend the boundaries of the City of Bozeman so as to include a tract of land located in the North- west \ Southwest \ Section 19, T2S, R6E, Montana Principal Meridian, Gallatin County, Montana. This being the date for public hearing as set forth in said Commission Resolution No. 2046, affidavit of publication of Notice and the Clerks mailing certificate stating all prop- erty owners had been notified as required by law was presented. There were no protests on file and no one appeared to protest verbally. The City Attorney advised the Commission that for a period of twenty (20) days after the public hearing, the governing body shall receive written protests. Anyone who wishes to pro- test has until Wednesday, March 28, 1979 to register their protests. I Gary Schaefer - classify upholstery shop as a retail business in B-3 Zone A letter received from Gary Schaefer requesting the City Commission to classify upholstery C f' i .- __ V \,...! I shops as a retail business and requesting that the classification allows them to operate in a B-3 Zone was presented. The applicant hopes to establish an upholstery shop in the rear of the former Texaco station on the northeast corner of North Grand and West Main Street. . At present, the Zoning Ordinance makes no provision for upholstery shops in any zoning district. The City Attorney indicated the classification for an upholstery shop should be in a B-3 district. The matter is to be referred to the Zoning Commission for their recommendation to the City Conunission. Renewal of Lease - United Commercial Travelers The City Manager advised the Commission that he had toured the Old Elk's Country Club and felt that United Commercial Travelers handle their lease rather uniquely, and perhaps quite efficiently. The City Manager recommended a continuance of the lease, with the exact terms to be settled in not more than one week. Review of Library sites I The City Manager reported on the six remaining sites yet under consideration for the Li- brary Site. Two of the sites involve property presently owned by the City -- the present li- brary site and the present site of the old City shops. The City Manager advised the Commission that an anonymous benefactor has offered the city a l5-acre developable site, with a current estimated value of $60,000, to keep the new $1.46 million library in the downtown area. A site survey indicated a downtown preference with the present location as first choice. Public opinion will not allow demolition of the present building in order to rebuild on that site, so the old structure would continue to be part of the new library if the site is chosen. The City Manager said additional land for a two-story 20,000 square-foot addition and parking would have to be procured from the Bozeman Parking Commission and would cost approximately I $150,000. The City Manager pointed out that the parking group could use the money, ~f the pur- chase is agreeable, to build a second story for an "envisioned" parking garage. The second largest site proposed includes the old city shops at the southwest corner of Rouse and Lamme and the adjacent Hoffman and Hagen properties on the west. The latter could be purchased for $75,000. The two parcels consist of 54,150 square feet. The White block consists of 36,300 square feet, and is bounded by Bozeman, Lamme, and Beall. The cost of the block is $250,000, from which may be deducted a donation of up to $25,000 by Mr. White, to the library construction effort. Gallatin County has agreed to provide up to one acre in the southwest corner of the Law and Justice Center property. They will lease the property to the City -- not sell it. The initial lease will be for a lO-year period with seven successive 10-year extensions or renew- als. The lease price is $10.00 per year. The smallest and most expensive location would be split by Montana Street and cost $155,000 after the donation was deducted. The Ebright property is on the east side of Montana between Lamme and Beall, and the Sheldon property is on the west side of Montana between Lamme and Beall. The most recent site suggested lies on the west side of South llth, opposite Olive Street and belongs to Ray Hill. This site could be purchased for $130,000. The present owner lives at the north edge of the site, and would hope for a life estate provision in the land transfer, allowing him to live out his years on the property. The City Manager reminded the Commission that the Public Informational Meeting in regard to the new library would be held on Wednesday, March 7, 1979 at 7:00 p.m. Observations from the City Commission would be helpful with respect to the presentation at this meeting. Francis E. Barnett - Special exception to rezoning requirements (Mobile Home) In January of this year Mr. Francis E. Barnett's home burned to the ground. In attempting to rebuild his home site, Mr. Barnett contacted the County Planner and the Chairman of the County Commission. Both told him that no permit was necessary, neither for a garage which he built nor 158 for a double mobile home which he had not placed on the property. Acting on their advice and responses, he has re-estab1ished his home. Mr. Barnett's property is definitely within the 3-mile limit of the City's zoning juris- diction and mobile homes are not permitted and therefore he received incorrect information on zoning from the county officials. The City Attorney advised the Commission that there is nothing in the zoning that deals with hardships. The City Commission directed the City Attorney to draw up an agreement with the provis- ions that only Mr. Barnett, his wife and children, if they so wish, be allowed to retain the mobile home on the above property. The Agreement would be for only the life of the one exist- ing mobile home. I Approval of Plans and Specifications - SID's 603 - 604 Water Mains & Sanitary Sewer Graf's 1st - Bid opening March 28 - Bond Sale - April 4 The City Manager recommended that the plans and specifications for the construction and installation of Sanitary Sewer and Water Mains in Graf's First Addition as prepared by Thomas, Dean & Hoskins, Inc., be approved. Upon recommendation of the City Manager, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the plans and specifications be approved as presented. Also that the Clerk of the Commission be authorized and directed to publish a "Call for Bids" for the construction of SID No. 603 and 604 with an opening date of March 28, 1979. The Clerk of the Commission was also authorized and directed to advertise for bids for the sale of bonds for SID No. 603 in the amount of $95,000.00, and SID No. 604 in the amount of $83,000.00 to be received on April 4, 1979. 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. 2049 - Intent to create paving and storm drain Bomont Center and Industrial Property - Hearing March 28, 1979 SID 599 I Commission Resolution No. 2049, declaring the intention to create Special Improvement District No. 599, for the construction and installation of paving and storm drains in Bomont Center and Industrial properties subdivisions in the City of Bozeman, as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONTANA TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 599 FOR THE PURPOSE OF CON- STRUCTION ANDINSTALLATION OF AN ASPHALTIC CONCRETE TYPE PAVEMENT, IN- TEGRAL CONCRETE CURBS AND GUTTERS, STORM DRAINS AND NECESSARY APPURTEN- ANCES THERETO ON BOND STREET, GOLD AVENUE AND BRYAND STREET IN BOMONT CENTER AND INDUSTRIAL PROPERTIES SUBDIVISIONS IN THE CITY OF BOZEMAN. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2049 be passed and adopted, and March 28, 1979 be the date set for public hear- ing. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution No. 2050 - Stating Bozeman's concern regarding abandonment of Southern Route of Amtrak through Montana Commission Resolution No. 2050 voicing Bozeman's objection to abandoning the southern route of Amtrak through Montana was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commis- sion Resolution No. 2050 be passed and adopted, andfue City Manager be directed to send a copy of the resolution to members of the legislature. The motion was carried by 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. I Proclamation - National Employ the Older Worker Week - March 11-17, 1979 Mayor Sedivy proclaimed the week of March 11-17, 1979 as "Employ the Older Worker Week" in Gallatin County and urged all employers in Gallatin County to consider carefully the skills and other qualifications of men and women aged 40 and over when they hire new workers. ..' r ~.:; ..)..0/ It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission endorse the Mayor's proclamation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Reports I The following reports were presented: Library Police Department The monthly reports for February from the Library and Police Departments were presented. The reports will be listed on the agenda next week for acknowledgement and filing. 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. /"2-' I ATTEST: t: //'~ //, ~,<.n4I--?( ~~ ERNA V. HARDING, OLERK OF C ISSION I