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HomeMy WebLinkAbout1979-05-02 ,188 May 2, 1979 Bozeman, Montana The Commission of the City of Bozeman met in regular session in the Commission Room, Mun- icipal Building, May 2, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Assistant City Manager Smith, City Attorney P1analp, and the Clerk. Commissioner MacNab opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, April 25, 1979, were approved as submitted. Public Hearing - Planning Staff - Extension of City's extraterritorial zoning boundary and establishing initial zoning (A-S, RS-1, RS-2, RS-3, R-MH, and PLI) - (to be rescheduled for May 23, 1979) I The hearing of the City-County Planning Staff for the expansion of the City's three (3) mile territorial zoning boundary and the establishment of appropriate zoning classifi- cations as provided for under Title 76, Chapter 2 of the Montana Code Annotated, 1978 has been rescheduled for May 23, 1979. Public Hearing - Zone Map Change - Betty Suhr - R-4 to B-2- Northwest corner of Peach and North Fifth Avenue This was the time and place set for the public hearing to consider the request of Betty Suhr for a zone map change from R-4 to B-2. The applicant seeks to change the City's Official Zoning Map which would reclassify the zoning on approximately fifteen thousand square feet of land from R-4 to B-2 which is in conflict with the Bozeman Area Master Plan designation of Medium Density Residential. The area is located in the northwest corner of the intersection of North Fifth Avenue and Peach Street. The Planning Director presented the staff report which recommended denial of the re- quested B-2 zone map change. The applicant was present and advised the Commission that she wished to establish an antique shop where the former garage business had been. Ben Grinwis of 511 West Peacb was present and advised the Commission that the zone map change from R-4 to B-2 would not constitute a problem. Several interested persons were present to express their concern regarding what would be put on the proposed property if it were rezoned and then sold. There had been more than a ninety day lapse since the former garbage service was in use, therefore, Mrs. Suhr could not establish the antique shop as a nonconforming use replacing another nonconforming use. Commissioner Vollmer asked if a "T" could not be attached to the B-2 zone change. The City Attorney advised the Commission that it could be. The City Manager suggested the hearing be continued until such time as a request is presented by Ben Grinwis to rezone his property west of Mrs. Suhr's property. I Public Hearing - Zone Map Change - Craig Zakovi - A-S to RS-2 and RS-5 East of city limits and north of railroad tracks and frontage road (to be continued) This was the time and place set for a public hearing to consider the request of Craig Zakovi for a Zone Map Change from A-S to RS-2 and RS-5. The applicant seeks a zone map change for the area located in the East one-half of Section 8, T2S, R6E, MPM, Gallatin County Montana. The area is North of the railroad tracks and U.S. 10, and East of the City limits. The zone map change would change approximately 170 acres from A-S to RS-2 and RS-5. The Mayor declared the public hearing open. The hearing to consider the request of Craid Zakovi for a Zone Map Change will be con- tinued until further information has been received. Public Hearing - Zone Map Change - Gary Barker - A-S to R-l West side of South Nineteenth, approximately 2~ miles south of City Limits I This was the time and place set for a public hearing to consider the request of Gary Barker. The applicant seeks a change to the City's official zoning map which would reclass- ify the zoning on approximately 320 acres of land from AS to R-l which is in conflict with the Bozeman Area Master Plan designation of Agriculture. The area in question is located West of and adjacent to South 19th Avenue. The City limits are approximately 2~ miles to the North. The Planning Director presented the staff report. The report recommended a continuation .,1/ r" -'-v~ I of the public hearing until such time as the applicant provides adequate information describing the potential traffic generation to be created by the proposed development, both at individual stages, and at full development. Additionally, a soils report should be supplied by the ap- plicant prior to a decision on the proposed zone map change. The applicant was present to explain the area in question and to answer any questions that might arise. The proposal covers 320 acres, and if zoned R-l, would require 10,000 square-foot minimum lots. Excluding needed acreage for public right of way, this allows 3.3 lots per acre. The site plan shows a golf course, and perhaps some commercial development as well. The City Manager felt the Commission should not be hurried by the suggestion that the petitioners may have appeared before one or two public hearings. He further advised the Com- mission that the land would not be developed overnight. He stated the developers would pro- vide their own water supply, and presently propose a lagoon for sewage treatment. These all require approval by State Health Department authorities, and may alter the course of develop- ment. The City Manager stated that perhaps it is time to consider such rezoning only with con- ditions attached, which would ensure development encompassing commercial, park, and the in- tensity of residential which will be demanded by an expanded Bozeman. If zoning is granted without such conditions, such as in this instance and at this time, not nearly as much dir- ection can be given later on. The City Manager suggested that the public hearing be continued for further study. Public Hearing - Code Amendment (Chapter l8.76.l60 - Townhouse Development Standards and Overlay District ) - Dan Kamp - across road from Riverside I This was the time and place set for a public hearing to consider the request of Dan Kamp who seeks a code amendment which, if approved, would change Section 18.76.160 of Chapter l8.76 - Townhouse Development Standards and Overlay District. The applicant seeks to change the 75% required front yard to read 60%. The Planning Director presented the staff report. He stated that after conferring with the Building Official and the applicant, the Planning Staff suggested that an additional ex- ception under Section 18.160 be included. Dan Kamp, the applicant, addressed the Commission and stated he was agreeable to the pro- posal of the Planning Staff pertinent to this application. The Mayor declared the public hearing closed and a decision is to be made in one week. The City Manager suggested that the Commission waive the one-week waiting period because the request was non controversial. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion suspend the normal procedure of waiting one week to make a decision on the request of Dan Kamp for a zone code amendment. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, & Commissioner MacNab, those voting No being Mayor Sedivy. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Com- mission concur with the recommendation of the Bozeman Zoning Commission and approve the request of Dan Kamp for a Zone Code Amendment with the following additional exception under Section 18.160 as follows: "Exception: Additional landscaping adjacent to the required front yard, in front of the building only, may be included as part of the front yard landscaping to satisfy the 75% requirement." I The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, those voting No being Mayor Sedivy. Public hearing (continued) - Zone Code Amendment - Off-Street Parking and Loading - Chapter 18 The Mayor declared the continued hearing on Off-Street Parking and Loading - Chapter 18 _ reopened. Affidavit of publication of Notice of Public Hearing as required by law was presented. The City Manager advised the Commission that the document covers Chapter 18.84 Off-Street Parking and Loading - and is labeled "Final Draft." The document contains both provisions ?CO (for small-car off-street parking as well as the cash-in-lieu feature) previously adopted separately by the Commission on April 11, 1979. The hearing was continued in order to allow an opportunity to digest the final draft and further discuss any questions that might arise. Following discussion, the Mayor declared the hearing closed and a decision will be made on Wednesday, May 9, 1979. Ordinance 1016 - Six month extension - Zone Code Amendment - City/County Planning Staff (public notice requirements) I The Commission discussed the extension of Ordinance No. lOl6 dealing with the change in notification of public hearings for expanding extraterritorial boundaries of zoning. Attorney Michael Nash, who represented approximately sixty land owners included in the zoning expansion, protested on their behalf. Mr. Nash said the notice requirements were not sufficient. Mr. Nash further stated that some people do not know if they are in or out of the proposed expansion area by reading legal descriptions in the paper. Ray Myers was also present to protest the advertising procedure. The Planning Director said people may look at maps in the City Hall to determine if they are included in the expansion. The City Building Official said it would cost approximately $5,000, to post signs and send letters to all the property owners. The public hearing was closed and it was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that the Commission not take the extra week on the above item because of the element involved. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy, those voting No, none. It was then moved by Commissioner MacNab, seconded bY' Commissioner Vollmer, that Ordin- ance No. 1016 amending Section 18.96.030 of Title 18 - extending the special advertising requirements for expanding the jurisdictional area - be extended for another six months. 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 being Commissioner Vandeventer. I Preliminary Plat Review - Dell Subdivision - East side of Dell Place (extended) A request from Tom Langel seeking preliminary plat approval was presented. The appli- cant seeks preliminary plat approval for an amended subdivision of Lots G, H, I and K of Guy's 2nd Addition to Bozeman. The Amended subdivision is located in the SW~ of Section 7, T2S, R6E, M.P.M., City of Bozeman, or more specifically, south of the Dell Place Road terminus west of Gallatin Valley Railroad right-of-way, and north of College Street extended. The proposed amended subdivision contains approximately 2.92 acres and will create 8 lots ranging in size from 9,000 to l2,000 sqaure feet. The Planning Director gave a report on the preliminary plat. The Planning Board recommend- ed approval of the Dell Place Subdivision Preliminary Plat with conditions. The Planning Staff recommended denial of the preliminary plat. Lowell Springer, Architect for the proposed project was present and advised the Commission that under the present zoning the developer could build 48 apartment units without any review and the proposed subdivision would create less of a problem. Mr. Langel is seeking prelimin- ary plat approval from the City Commission which will allow him to build three tri-plexes and six four-plexes. Earl Smiley asked what bearing the building of three tri-plexes and six four-plexes would have on this plat. Mr. Bolton stated that originally he wanted to build four plexes. He further stated that any additional building on this subdivision will increase the traffic on the street. I Ken Bryson, Barbara Edsall and David Firth were present to oppose additional develop- ment of the area until road and drainage problems have been improved. The residents enumer- ated traffic congestion problems, parking problems, insufficient drainage and flooding as problems and felt the sewer system would be inadequate for present development. Attorney James Goetz appeared before the Commission on behalf of the neighborhood resi- I dents to request denial of the preliminary plat. Earl Best was present and advised the Commission that he is very interested in the traffic problems and the affect it will have on the development of that subdivision. Several other property owners were also present to oppose the preliminary plat. The Commission discussed the possibility of extending College Street or Alderson Street to relieve some of the congestion in the area. The Commission directed the staff to further research the access problem and come in with a proposal on Wednesday, May 9, 1979. Proclamation - Be Kind to Animals Week - May 6 - 12, 1979 The Mayor proclaimed the week of May 6 - 12, 1979 as "Be Kind to Animals Week", and urged all citizens in the City of Bozeman to participate in all the events related thereto. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, 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 MacNab, Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer and Mayor Sedivy, those voting No, none. Request from Darvin Smith to place mobile home on agricultural property - approximately 40 acres southwest of City I Darvin Smith appeared before the Commission to request permission to move a mobile home which is located at the extreme northeast corner of the property located southwest of the City to the southeast corner of the property located southwest of the City. The City Manager advised the Commission that Mr. Smith would like to move the mobile ho~e to the extreme southeast corner of the property because of the development of a commercial fish- ing pond. This would allow closer surveillance of the commercial fishing pond, as well as the other ponds used for fish hatching. He further advised the Commission that it would not be a medical hardship. Thus far this has been the sole basis for allowing placement of mobile homes. Mr. Smith was present to explain his reason for placing a mobile home in the immediate proximity to the farmstead. He further stated that he would like to leave the present mobile home in the extreme northeast corner of the property and place another mobile home on the southeast corner of the property. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the request be referred to the staff for study and a recommendation on Wednesday, May 9, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Com- missioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Request to allow beer in Lindley Park - Army ROTC - Saturday, May 5, 1979 - following March of Dimes Superwalk A letter received from Jacqueline L. Wright, 1st Lt, Bridger Co., Association of the United States Army, requesting permission to serve beer at a picnic to be held on Saturday, May 5, 1979, in Lindley Park, was presented. Ordinance No. 1001 contains a clause which authorizes the consumption of such beverage if licensed by the City of Bozeman. Following discussion, it was recommended that the Army ROTC apply for a beer license to enable dispensing of beer at their picnic. I Quotes for landscaping at Senior Center The Park Superintendent appeared before the Commission to present quotations for the landscaping at the Senior Center as follows: Cashman -Trees $ 976.00 Louie's -Lawn 1,590.00 Lawson's -Trees 1,200.00 -Lawn 2,200.00 Heisel -Lawn 2,600.00 -Trees 1,800.00 Milam's -Trees 975.00 -Lawn 2,000.00 Timberline -Trees 1,375.00 -Lawn 2,500.00 ~ l' : I~ LliJ 202 Price -Trees -Lawn 989.00 2,685.00 Upon the recommendation of the Park Superintendent, also concurred in by the City Manager, the Commission authorized Louie's to complete the lawn installation at a cost of $1,590.00 and Milam's to furnish and plant the trees at a cost of $975.00 at the Bozeman Senior Center. Commission Resolution No. 2062 - Approval of final CDBG application for Single Purpose Rehabilitation Grant I Barbara S. Agocs, Grant Program Coordinator for the Community Block Grant for Housing Rehabilitation appeared before the Commission to present the final application for this grant. Mrs. Agocs explained that the final application must be mailed by May 4th. The final application differs from the preapplication only in the matter of allocating 17% of the total grant ($63,750) rather than lO% of the total grant of $375,000 for admin- istrative purposes. This change was made because of the large amount of clerical work re- quired to administer the rehabilitation program and because it is expected that the program will likely run for more than a year. In addition, it appears necessary to incur some ex- pense to hire a retired carpenter to perform the inspection duties. Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the final application for the Community Block Grant for the Single Purpose Rehabilitation Grant as prepared by Mrs. Agocs. 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. Approve specifications for advertisement for bids - Figgins Phase IV, SID 594 - Paving, and SID 608 Storm drain and Paving The City Manager recommended that the plans and specifications for the construction and installation of paving in Figgins Addn. - SID No. 595 and storm drain and paving in Figgins 4th - SID No. 608 as prepared by Thomas, Dean and Hoskins, Inc., be approved. Upon recommendation of the City Manager, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, 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. 594 and 608 with an opeing date of May 30, 1979. The Clerk of the Commission was also authorized and directed to advertise for bids for thesale of bonds for SID No. 594 in the amount of $76,000.00 and SID No. 608 in the amount of $300,000.00 to be received on June 6, 1979. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis~ sioner Vollmer and Mayor Sedivy, those voting No, none. I Commission Resolution No. 2060 - re policy for valve installation on owner's side of water meter - new or renewed construction A resolution declaring it to be a requirement that all new building construction within the jurisdictional limits of the City of Bozeman must install a valve on the owner's side of the water meter and pressure regulator as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2060 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, DECLARING IT TO BE A REQUIREMENT THAT ALL NEW BUILDING CONSTRUCTION OR RENEWED BUILDING CONSTRUCTION BE REQUIRED TO HAVE A VALVE INSTALLED ON THE PROPERTY OWNER"S SIDE OF THE WATER METER AND PRESSURE REGULATOR Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2060 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, I none. "Call for Bids" - Wheel Loader Backhoe - Bid opening May 16, 1979 The Water Department has need for a new Wheel Loader Backhoe, and the City Manager re- quested authority to call for bids for the purchase of the Wheel Loader Backhoe with a 1975 International 3500A Wheel Loader Backhoe trade-in. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the . ~ l "", "':,,1 ..:.. l.; " purchase of the 1980 Wheel Loader Backhoe be authorized, and the Clerk of the Commission be directed to issue a "Call for Bids" for the purchase to be received and opened on Wednesday, May 16, 1979. 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. I "Call for Bids" - Overlay Materials - summer street projects - Bid opening - May 16, 1979 The Street Department has need for 4,500 tons of Bituminous plant mix and the City Mana- ger requested authorization to call for bids for the purchase of the Bituminous plant mix. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the pur- chase of the Bituminous plant mix be authorized, and the Clerk of the Commission be dir- ected to issue a "Call for Bids" for the purchase, to be opened on May 16, 1979. 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 for Banner - League of Women Voters - May 6-12, 1979 A letter received from the League of Women voters requesting permission to place a banner across Main Street on Wednesday, May 16, 1979, to remind all registered voters to vote, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the League of Women voters get a permit from the City, and that they provide for the erection and removal of the banner. The required $25.00 deposit is to be returned to the organization only if the banner is removed within forty-eight hours following the election. 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. I Raffle License Application - Marty's Mermaids - May 9, 1979 The City Manager presented an application from Marty's Mermaids, along withithe appropriate fee for the purpose of holding a raffle on May 9, 1979. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the application for the raf- fle license for Marty's Mermaids. 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. File Report - Police Court for March It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the report of the Police Court for the month of March be accepted and ordered filed. The motion was car- ried 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. Report - Library for April The City Manager presented the report of the Library for the month of April. The report will be listed on the agenda next week for acknowledgement and filing. Adjournment I There being no further business to come before the City Commission, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the meeting be adjourned. 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. ATTEST: ~.."p / ,," ,/.....,. . SEDIVY, SR. c ~ " // {~ ./ o . 4~4:./ t;: //"'V"/2~?< .c".,n,;' ERNA V. _.HARDING, G-LERK OF~SSION